- You are here:
- Home
- Court Decisions
- NETHERLANDS 80
NETHERLANDS 80
Rechtbank, The Hague, 18 July 2023, Case no. C/09/619394 / KG RK 21-1251
(Devas Multimedia America Inc v. Antrix Corporation Limited et al.)
NETHERLANDS 80
The Court held that the application of the petitioner (DMAI) for exequatur of an ICC award rendered in India was inadmissible. The award’s creditor, DMAI’s Indian parent company (Devas), had given DMAI authority to collect under the award. However, Devas had subsequently been liquidated and the liquidator had revoked DMAI’s powers. This decision was set aside by the Court of Appeal of The Hague in NETHERLANDS 83.
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.
The court discusses issues relating to the moment when the documents that are required for seeking recognition and enforcement must be supplied, and whether any defect can be cured later in the enforcement proceeding.
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.