NETHERLANDS 40

20 - 12 - 2011

NETHERLANDS 40

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVII (2012)
Jurisdiction The Netherlands
Original full text Full text decision NETHERLANDS 40
Excerpt Excerpt decision NETHERLANDS 40
Summary

Netherlands 40. Voorzieningenrechter, Rechtbank, Rotterdam, 28 February 2011 and Gerechtshof, The Hague 20 December 2011
Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

 Burden of proof on respondent
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
506

Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

 Law applicable to the arbitration agreement
508 Ground b: Violation of due process in general
523

Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
704(C) Art. VII(1): European Union (Treaties and Legislation)
NETHERLANDS 40