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- NETHERLANDS 8 July 2025 Rusal
NETHERLANDS 8 July 2025 Rusal
Gerechtshof, Amsterdam, 8 July 2025, Case No. 200.347.998
(Not indicated v. RTI Ltd. and United Company Rusal, International P.J.S.C.)
NETHERLANDS 8 July 2025 Rusal
The Amsterdam Court of Appeal granted exequatur of an LCIA costs award, finding that the conditions set by the New York Convention for seeking recognition and enforcement were met, and that there were no indications that the subject matter of the dispute was not arbitrable or that exequatur would violate Dutch public policy.
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.
Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.
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.