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NETHERLANDS 81
Rechtbank, Amsterdam, 15 March 2023, Case no. C/13/730214 / KG ZA 23-147 HH/MV
(The Kingdom of Spain v. Blasket Renewable Investments LLC)
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Rechtbank, Amsterdam, 15 March 2023, Case no. C/13/730214 / KG ZA 23-147 HH/MV
(The Kingdom of Spain v. Blasket Renewable Investments LLC)
NETHERLANDS 81
The Amsterdam Court of First Instance held that Spain’s request for an injunction enjoining Blasket from filing an injunction in the US courts aimed at preventing Spain from continuing the Dutch action was an attempt to seek the de facto annulment of the effects of the award between the parties, in contradiction with the regime of the 1958 New York Convention, and had to be denied.
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.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.