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- NETHERLANDS 15 June 2021 Diamond Building
NETHERLANDS 15 June 2021 Diamond Building
Gerechtshof, The Hague, 15 June 2021
(Construction Corporation "Diamond Building" LLC v. XSPlatforms B.V.)
NETHERLANDS 15 June 2021 Diamond Building
In a short decision, the Court of Appeal granted enforcement of a VIAC award rendered in Vienna. It found that the applicant had supplied the documents required under the New York Convention, and that no grounds for refusal appeared 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.