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UNITED STATES 2025-5
United States District Court, Middle District of North Carolina, 29 April 2024, Case No. 1:23-CV-879
(Willem Jan M. Van Andel, LLM and Eleonora L. Zetteler, LLM, in their capacity as insolvency practitioners in the ... Read more
United States District Court, Middle District of North Carolina, 29 April 2024, Case No. 1:23-CV-879
(Willem Jan M. Van Andel, LLM and Eleonora L. Zetteler, LLM, in their capacity as insolvency practitioners in the insolvency of Nederlandsche Algemeene Maatschappij van Levensverzekering ‘CONSERVATRIX’ N.V. v. Greg Evan Lindberg et al.)
UNITED STATES 2025-5
The District Court granted confirmation of an award rendered under the rules of the Netherlands Arbitration Institute and containing a provisional measure. The Court found that the award, though provisional, was binding within the meaning of Art. V(1)(e) of the New York Convention, by force of the NAI rules, which provide that arbitrators may grant “immediately enforceable provisional relief” and that such provisional awards are binding. The Court also noted that the Dutch courts had granted leave to enforce the award.
The court discusses the applicable period of limitation for seeking enforcement of an award.
The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.