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23 - 07 - 2013

NETHERLANDS 49

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIX (2014)
Jurisdiction Netherlands
Summary

Netherlands 49. Gerechtshof, The Hague, 23 July 2013

Related topics
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
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