NETHERLANDS 43

26 - 07 - 2012

NETHERLANDS 43

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVII (2012)
Jurisdiction Netherlands
Summary

Netherlands 43. Voorzieningenrechter, Rechtbank, Amsterdam, 26 July 2012

Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
401

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.

Conditions to be fulfilled by petitioner in general
512 Ground c: Excess by arbitrator of his authority - Excess of authority
514 Ground e: Award not binding, suspended or set aside - "Binding"
523

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.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
701

More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.

More-favourable-right provision in general
702

More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.

Domestic law on enforcement of foreign award
NETHERLANDS 43