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- NETHERLANDS 26 March 2020 Seaquest
NETHERLANDS 26 March 2020 Seaquest
Gerechtshof, The Hague, 25 August 2020, Case no. 200.272.114
(Seaquest-Infotel Inc. v. Sociéte Des Telecommunications du Mali S.A.)
NETHERLANDS 26 March 2020 Seaquest
The Court of Appeal granted recognition and enforcement of an award rendered by the Common Court of Justice and Arbitration of the Organization for the Harmonization in Africa of Business Law (OHADA). The Dutch Court held that the argument that the defendant had already paid under the award was not an objection falling within the scope of Art. V of the New York Convention.
The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.