NETHERLANDS 46
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVIII (2013)
Jurisdiction
Netherlands
Original full text
Full text decision NETHERLANDS 46
Excerpt
Excerpt decision NETHERLANDS 46
Summary
Netherlands 46. Voorzieningenrechter, Rechtbank, Arnhem, 27 September 2012
Related topics
502
No re-examination of the merits of the arbitral award
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
518
Paragraph 2 - Distinction domestic-international public policy
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.
522
Lack of reasons in award
Public policy: The court discusses the consequences of the lack of reasons in the award on its recognition and enforcement.