Introduction

The decision of the Bundesgerichtshof (German Federal Supreme Court) of Oct. 4, 2005 related to the efforts to execute a BIT-Award against Russia (the Sedelmayer Award) in Germany into the fees owed be Lufthansa to Russia for its flight rights in and over Russia is available (in German only, see below). The Bundesgerichtshof has followed the traditional path of international law that the reference in the German-Russian (formerly Soviet Union) BIT to have an arbitral award executed under the rules of the New York Convention of 1958 is no waiver of Russia's sovereign ...