Judgment of 17 February 1989

XV Y.B. Comm. Arb. 455 (1990)

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Judgment of 17 February 1989

Hamburg Higher Regional Court
XV Y.B. Comm. Arb. 455 (1990)

Facts

A German shipping company ordered the design and construction of a ship from a Japanese shipyard (the shipyard) (defendant). The shipbuilding contract contained an arbitration clause, stating that the parties would refer all disputes to arbitration held by the Japan Shipping Exchange, Inc., in accordance with the Rules of Maritime Arbitration of the Exchange. The arbitration clause also provided the arbitration would occur in Tokyo, Japan, in English. An assignee of the German shipping company (the assignee) (plaintiff) filed a suit in German courts, claiming the Japanese shipyard charged an inflated price and excessive interest on the final price. The assignee also made a tortious-misconduct claim and sought damages under German tort law. The shipyard objected to the suit, claiming the assignee was bound by the arbitration clause in the shipbuilding contract. The Hanseatisches Oberlandesgericht, the German appellate court, considered the claim.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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