NETHERLANDS 8 August 2024 MBA Community Loans

Gerechtshof, The Hague, 8 August 2024, Case no. 200.337.126/01

(MBA Community Loans plc v. Defendant)

08 - 08 - 2024

NETHERLANDS 8 August 2024 MBA Community Loans

Jurisdiction Netherlands
Summary

The defendant was granted a loan to study at the Antwerp Management School. MBA Community Loans, to which the rights under the loan agreement had been transferred by the original contracting party, obtained an award against the defendant in CIArb arbitration in London. The Court of Appeal of The Hague granted leave to enforce the award, finding that there were no grounds for refusal. The Court held, inter alia, that the arbitration clause in the standard conditions of the loan agreement was not at odds with Art. 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, because it did not cause a significant imbalance in the parties’ rights and obligations, to the detriment of the consumer. The arbitration clause provided international students with a “regulated, easily accessible and inexpensive” instrument to raise claims. It also stated that the parties remained free to rely on their rights in the UK courts, and that the defendant could file claims with the Financial Ombudsman Service in London.

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
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
406

The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.

Translation (paragraph 2)
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.

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NETHERLANDS 8 August 2024 MBA Community Loans