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- NETHERLANDS 22 June 2021 Cavalo
NETHERLANDS 22 June 2021 Cavalo
Gerechtshof, Amsterdam, 22 June 2021
(Cavalo Chartering N.V. v. Phoenix Global DMCC)
NETHERLANDS 22 June 2021 Cavalo
The Amsterdam Court of Appeal granted enforcement of an award rendered in London, noting succinctly that the applicant had supplied the documents required 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, and there appeared to be no violation of Dutch public policy.
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.