NETHERLANDS 20

08 - 03 - 1995

NETHERLANDS 20

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXI (1996)
Jurisdiction The Netherlands
Summary

Netherlands 20. Gerechtshof, 's Hertogenbosch, 14 July 1995 and President, Rechtbank, Breda, 8 March 1995

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
209 Incorporation by reference and standard conditions
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

Adjournment of decision on enforcement
NETHERLANDS 20