Hoge Raad, 24 December 2021
(Republic of Kazakhstan v. Respondent 1, Respondent 2, ASCOM Group S.A., Terra Raf Trans Traiding Ltd.)
Deciding in the long-running Stati v. Kazakhstan case, which has been discussed in several jurisdictions, the Dutch Supreme Court found that the Amsterdam Court of Appeal erred in holding that it had jurisdiction over the application for exequatur of the SCC award between the parties. According to the transitional provisions of the 2015 Dutch arbitration law reform, the old law continues to apply to arbitrations commenced before the new law came into force on 1 January 2015, independent of the place of arbitration. This was the case here, and the competent judge was the President (voorzieningenrechter) of the Amsterdam Court of First Instance.