NETHERLANDS 29 August 2024 Employee v. Employer AG

Gerechtshof ’s-Hertogenbosch, 29 August 2024, Case no. 200.332.948_0

(Employee v. Employer AG)

29 - 08 - 2024

NETHERLANDS 29 August 2024 Employee v. Employer AG

Jurisdiction Netherlands
Summary

The Court of Appeal in Den Bosch decided on appeal that the arbitration clause in the employment contract of a cargo pilot was valid under the New York Convention. It dismissed the employee’s argument that EU law prevented arbitration, noting instead that Regulation Brussels I recast (EU/1215/2012) does not apply to arbitration and does not affect the applicability of the 1958 New York Convention.

Related topics
223

The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
NETHERLANDS 29 August 2024 Employee v. Employer AG