NETHERLANDS 15 October 2024 S Distribution

Gerechtshof, Arnhem-Leeuwarden, 15 October 2024, Case no. 200.343.011/01

(S Distribution s.r.o. v. Witteveen Mens Shop B.V.)

 

15 - 10 - 2024

NETHERLANDS 15 October 2024 S Distribution

Jurisdiction Netherlands
Original full text Full text decision NETHERLANDS 15 October 2024 S Distribution
Summary

The Court of Appeal granted leave to enforce a Czech award, finding that it jurisdiction over the application; that the applicant met the formal requirements under the New York Convention; and that no grounds for refusal were raised.

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
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

 Grounds for refusal of enforcement in general
NETHERLANDS 15 October 2024 S Distribution