NETHERLANDS 71

Gerechtshof, 's-Hertogenbosch, 6 June 2019
Former Employee v. Company 1

06 - 06 - 2019

NETHERLANDS 71

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLV (2020)
Jurisdiction Netherlands
Summary

Netherlands No. 71. Former Employee v. Company 1, Gerechtshof, ’s Hertogenbosch, Case No. 200.247.117/01, 6 June 2019

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
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
NETHERLANDS 71