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- NETHERLANDS 2025-1
NETHERLANDS 2025-1
Gerechtshof, Amsterdam, 16 April 2024, Case No. 200.328.375/01
(GPGC Limited v. The Government of the Republic of Ghana)
NETHERLANDS 2025-1
The Court of Appeal held that a London award could be granted exequatur, even though the claimant had not supplied the original arbitration clause between the parties, or a certified copy thereof, because the original agreement was no longer available. The Court explained that the purpose of Article IV(1)(b) of the New York Convention was to prove the existence and content of the arbitration agreement, which could be proved otherwise here as the respondent had not disputed the existence and content of the contract containing the arbitration clause and had even made some partial payments under the award.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
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.
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.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.