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- NETHERLANDS 20 July 2021 Concern Souzenergo
NETHERLANDS 20 July 2021 Concern Souzenergo
Gerechtshof, Amsterdam, 20 July 2021
(Concern Souzenergo v. [X] Machines B.V.)
NETHERLANDS 20 July 2021 Concern Souzenergo
The Amsterdam Court of Appeal granted enforcement of an award rendered by a tribunal of the ICAC Ukraine in a short decision. The applicant had supplied the necessary documents under the New York Convention, and since the defendant had not appeared in the enforcement proceeding, it had not raised any grounds for refusal of enforcement.
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.