NETHERLANDS 31 August 2021 Charitable Foundation Day One
Gerechtshof, Arnhem-Leeuwarden, 31 August 2021
(Charitable Foundation Day One v. Black Lion Holding B.V.)
NETHERLANDS 31 August 2021 Charitable Foundation Day One
The Court of Appeal granted enforcement of a Swiss award in a short decision, finding that the applicant had supplied the necessary documents under the New York Convention and that no ground for refusal of enforcement had been invoked.
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.