Oberster Gerichtshof, Beschluß vom 11/06/2001 3 Nd 1/00
Decision by national courts in the field of European Union law — ECLI:AT:OGH0002:2001:0030ND00001..0611.000
Date: 2001-06-11
Subject matter: Lugano Convention
Origin: Austria

82001AT0611(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The applicant sought a declaratory judgment, stating that the arbitrament pronounced by the international commercial arbitration court in the chamber of commerce and industry of the Russian Federation, by which the applicant was sentenced to pay USD 15.689,041, was not enforceable in Austria. She alleged that the defendant was aspiring the recognition of the arbitral award before a district court in Vienna (AT). However, the applicant alleged that there was no valid title, and even if there was one, it would not be enforceable in Austria.
The OGH (AT) dismisses the application. It holds that the Brussels Convention excludes arbitration in its whole span from its scope. The applicability of Article 16(5) Brussels Convention is excluded for another reason as well. According to this provision, the courts of the Contracting State, in whose territory the enforcement should be conducted, has jurisdiction in matters relating to the enforcement of judgments, regardless of the domicile. The Brussels Convention cannot be applied to enforcement proceedings of judgments pronounced by a non-contracting State. Article 16(5) Brussels Convention must be read in conjunction with Article 25, which only applies to judgments pronounced by the court of a Contracting State. This does not pertain to the arbitration award from the Russian Federation, since the Russian Federation is not a Contracting State of the Convention.