NETHERLANDS 73

Rechtbank, Rotterdam, 1 July 2020, Case no. C/10/582568 / HA ZA 19-886
(Universal Africa Lines Ltd v. Dumar Chartering B.V.)

01 - 07 - 2020

NETHERLANDS 73

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction Netherlands
Original full text Full text decision NETHERLANDS 73
Excerpt Excerpt decision NETHERLANDS 73
Summary

The Rotterdam Court of First Instance found that the parties had not concluded a valid arbitration agreement compelling referral of their dispute to arbitration. The Court held that while an exchange of emails satisfies the requirement of Art. II(2) of the New York Convention, in the present case the exchange had not been between the two parties to the dispute, but rather between one of the parties and a third party.
Related topics
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
507

Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.

Miscellaneous cases regarding the arbitration agreement
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