NETHERLANDS 21

12 - 01 - 1994

NETHERLANDS 21

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXII (1997)
Jurisdiction Netherlands
Summary

Netherlands 21. Rechtbank, Zwolle, 12 January 1994

Related topics
214-216 Field of application
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
228

Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.

Pre-award attachment and other provisional measures
NETHERLANDS 21