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NETHERLANDS 2026-2
Hoge Raad der Nederlanden, Civil Chamber, 6 March 2026, Case No. 25/00575
(Antrix Corporation Limited v. Devas Multimedia America Inc.)
NETHERLANDS 2026-2
The Dutch Supreme Court affirmed the Court of Appeal decision (NETHERLANDS 83) which, reversing the first-instance decision (NETHERLANDS 80), had held that Devas’s application to enforce an award rendered between Antrix and Devas’s Indian mother company was admissible and should be granted, even though the award had been set aside in India.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.