PIL instrument(s)
Rome I
Case number and/or case name
OLG Düsseldorf, 22.7.2014 – I-4 Sch 8/13
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome I
Article 1
Paragraph 2 SubParagraph e
Article 28
Date of the judgement
21 July 2014
Appeal history
None
CJEU's case law cited by the court
None
Summary
The plaintiff and the defendant are businesses in the food sector. The plaintiff wanted to enforce a Dutch arbitral award. The court applied German law to the question of the existence of an arbitration agreement, according to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Court stated that according to Art. 1(2) and 28 Rome I, the Rome I Regulation was not applicable to contracts concluded before 17 December 2009 and not applicable to arbitral agreements either. Therefore it could not be applied in this case.

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