
- You are here:
- Home
- Court Decisions
- NETHERLANDS 16 April 2024 GPGC v. Ghana
NETHERLANDS 16 April 2024 GPGC v. Ghana
Gerechtshof, Amsterdam, 16 April 2024, Case no. 200.328.375/01
(GPGC Limited v. The Government of the Republic of Ghana)
NETHERLANDS 16 April 2024 GPGC v. Ghana
The Amsterdam Court of Appeal granted leave to enforce an ad hoc arbitral award rendered in London, even though GPGC was unable to meet the requirement of Art. IV(1)(b) of the New York Convention by supplying the original arbitration agreement or a duly certified copy thereof. GPGC had submitted a duly certified and authenticated copy of the award, but only an uncertified copy of the contract containing the arbitration clause, explaining that the original contract was no longer available, so that it was impossible to supply the original contract or a certified copy thereof. The Court agreed with GPGC that this was not an obstacle to recognition and enforcement.
The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.