Regional Court of Essen on res judicata effect of foreign arbitral award under the New York Convention | Practical Law
In Docket No12 O 37/12, the Regional Court of Essen considered whether a party can successfully object to proceedings in a German state court on the basis of res judicata if a foreign arbitral award was rendered on the same subject matter. In this case, neither party had initiated proceedings for the recognition of the award in the German state courts.