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Higher Regional Court of Dresden on the interpretation of an arbitration agreement
Practical Law Legal Update 8-504-9808 (Approx. 2 pages)
Higher Regional Court of Dresden on the interpretation of an arbitration agreement
| Published on 02 Mar 2011 • Germany |
Stephan Wilske (Partner) and Claudia Krapfl (Associated Partner), Gleiss Lutz
The Higher Regional Court of Dresden in its decision dated 26 July 2010, just recently published, held that an arbitration agreement providing for the application of the rules of the "International Chamber of Commerce in Dresden" is to be interpreted as pointing to the Arbitration Rules of the International Chamber of Commerce (ICC) in Paris.
The court in the case of Docket No. 11 SchH 4/08, found that the parties could only have meant the Arbitration Rules of the ICC in Paris because there is no such institution as the "International Chamber of Commerce" in Dresden. It held that the reference to Dresden was to be interpreted as a reference to the agreed upon seat of the arbitration.
This decision is in line with the general rule observed by German courts to interpret arbitration agreements with a view to upholding the validity of the agreement.