NETHERLANDS 16 February 2021 CNPC Central Asia
Gerechtshof, The Hague, 16 February 2021
(CNPC Central Asia B.V. v. Kulob Petroleum Limited)
NETHERLANDS 16 February 2021 CNPC Central Asia
The Court of Appeal in The Hague granted enforcement of an ICC award rendered in Switzerland. It noted briefly that the applicant had supplied the necessary documents under the New York Convention, that the defendant had not appeared in the enforcement proceeding and therefore had not raised any grounds for refusal of enforcement, nor did any grounds for refusal appear to exist.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.