Kernrechtsfrage
Whether the Obergericht violated the claimant's right to be heard by not warning him that it might apply COTIF/CIV to the limitation issue.
Extrahierter Entscheid
No. The claimant had to expect that international treaty law could be relevant, and he had already pointed to possible treaty-based rules in his own pleadings; his constitutional complaint did not sufficiently show arbitrariness or an actual inability to respond.
Extrahierte Begründung
The right to be heard can extend to unexpected legal grounds, but here the international character of the dispute was apparent. COTIF is directly applicable treaty law, not foreign law under IPRG art. 16, and the claimant had an opportunity to address the limitation question. The complaint lacked a specific showing of why he could not comment or which facts he was unable to supplement.