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- NETHERLANDS 24 B
NETHERLANDS 24 B
Gerechtshof, The Hague, 28 April 1998
(Rice Trading (Guyana) Ltd. v. Nidera Handelscompagnie BV)
NETHERLANDS 24 B
See also President, Rechtbank, Rotterdam, 2 October 1997
(Rice Trading (Guyana) Ltd. v. Nidera Handelscompagnie BV)
NETHERLANDS 24 A
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.