NETHERLANDS 2B
Yearbook
Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. I (1976)
Jurisdiction
The Netherlands
Excerpt
Excerpt decision NETHERLANDS 2B
Summary
Netherlands 2B. Hoge Raad, 26 October 1973
Related topics
103
Nationality of the parties no criterion
The court discusses the impact of the nationality of the parties on the application of the Convention.
105
"Persons, whether physical or legal" (paragraph 1) (including sovereign immunity)
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
109
Arbitral award: "a-national" award
The court discusses whether an “a-national” award falls under the Convention.
505
Incapacity of party
513
Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure