NETHERLANDS 55 A

Voorzieningenrechter, Rechtbank, Rotterdam, 3 April 2015

(Marvesa AG v. OOO Gamma-Trade)

03 - 04 - 2015

NETHERLANDS 55 A

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction Netherlands
Summary

See also Voorzieningenrechter, Rechtbank, Rotterdam, 5 August 2015

(Marvesa AG v. OOO Gamma-Trade)

NETHERLANDS 55 B

Related topics
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
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
514 Ground e: Award not binding, suspended or set aside - "Binding"
NETHERLANDS 55 A