NETHERLANDS 40 B

Gerechtshof, The Hague, 20 December 2011

(Catz International B.V. v. Gilan Trading KFT)

20 - 12 - 2011

NETHERLANDS 40 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVII (2012)
Jurisdiction Netherlands
Original full text Full text decision NETHERLANDS 40 B
Excerpt Excerpt decision NETHERLANDS 40 B
Summary

See also Voorzieningenrechter, Rechtbank, Rotterdam, 28 February 2011

(Catz International B.V. v. Gilan Trading KFT)

NETHERLANDS 40 A
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
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

 Burden of proof on respondent
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
506

Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

 Law applicable to the arbitration agreement
508 Ground b: Violation of due process in general
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

 Other cases
704(C) Art. VII(1): European Union (Treaties and Legislation)
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