NETHERLANDS 75

Gerechtshof, Amsterdam, 23 February 2021 
(CW Travel Holdings N.V. v. Seitur Agencia de Viajes y Turismo Cia. Ltda.)
 

23 - 02 - 2021

NETHERLANDS 75

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction The Netherlands
Summary

The Court of Appeal suspended the action for the enforcement of a French award, finding that an annulment action was pending in France based on the same grounds raised here in opposition to enforcement – that one of the arbitrators had not been impartial, and that the arbitral tribunal had exceeded its authority by awarding more than the petitum.

Related topics
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 75