New York Convention Website Terms of Use

Effective 22 April 2021

Effective 22 April 2021

I. Introduction

The newyorkconvention.org website (the “Website”) is an initiative of Albert Jan van den Berg owned by Albert Jan van den Berg BV (“Owner”, “we”, “us” “our”). It is an educational resource for the public and for students of certain courses, containing materials relating to the interpretation and application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York) (“New York Convention”).

These Terms of Use (“Terms”) govern the use of the Website and users are invited to read them carefully and to comply with them. Please also read our Privacy Policy [insert link] which forms part of these Terms. Use of the Website implies the unconditional acceptance of the Terms.

The present Terms may be amended from time to time.  You can always find the latest version on our website, and the date from which the Terms are effective.

II. Intellectual Property

Court decisions appearing in the public section of the Website are compiled from and constitute part of the public domain. Where court decisions are provided to us by a source other than a public registry or website, our sources have confirmed authorisation to upload such decisions.

The reproduction of content on the Website and decisions from non-public sources is subject to any restrictions applicable to the upload of that content.

The Website including all of its content created by or on behalf of the Owner is protected by intellectual property rights and copyright law. We are the sole and exclusive holder of all intellectual property rights in the content and structure of the Website created by us, except where expressly excluded or provisions of applicable law stipulate otherwise. The copying, reproduction, representation and/or modification, in whole or in part, of the Website or any of its constitutive elements are prohibited.

The Website is exclusively for your personal, educational use, on the understanding that any intellectual and other property rights and disclaimers in relation to content on the Website are maintained and that such use does not entail any transfer of property rights of any kind.

III. Limitation of Liability

We bear no responsibility for any direct, indirect, incidental, actual and/or consequential loss, including loss for moral damages, relating to or arising out of the Website and/or its use and/or any third party website or source to which a link or reference is included in the Website or which access may be gained from the Website.

The Owner of the Website bears no responsibility for the use, download or access to any materials, information, products, or services, including, without limitation, any loss of profit, loss or damage caused by viruses that may affect users’ equipment, loss of programs or other data, or the validity of information that users obtained through the Website.

The Owner of the Website does not provide any direct or indirect guarantee that the content of the Website shall at all times be up-to-date, secure, or free of errors. The information contained on the Website is provided on an “as is” and “as available” basis. The use of information obtained through the Website is the sole responsibility of the user. Users acknowledge that they must evaluate the content and that they are responsible for any risk that might result from the use of such content.

The content of the Website is for educational purposes only. It does not provide legal or other professional advice, does not make any recommendations and shall not be considered as the basis for any decision or action.

IV. Links to Other Websites

The Website contains links to websites operated by external third parties. The Owner of the Website does not represent such external third parties and/or their websites and as such, it does not guarantee their availability, does not control, and bears no responsibility for their content, privacy policy, or the quality, correctness, lawfulness, completeness, and accuracy of the information or the features of the products or services provided in the abovementioned websites. The provision of links on the Website shall not be deemed as an indication of adoption or acceptance of the content of the respective websites by the Owner.

V. Obligations of Users

Users agree to use the Website only in accordance with the present Terms. In the event that an unauthorised use of this Website by users results in harm to any third party, who subsequently brings legal action against the Owner of the Website, users agree to indemnify the Owner for all losses and/or damages arising from such a claim.

The users of the Website undertake: (a) to abstain from any action, while using this Website, whether intended or not, which is prohibited by law and/or contrary to any legal or regulatory requirements of any competent authority that has jurisdiction over them; (b) not to use this Website to make unauthorised efforts to access the Owner’s or any third parties’ systems or networks; (c) not to use this Website to transfer any material which is defamatory, offensive or threatening or which violates third party rights, or is intended to cause disruption, harassment or unnecessary concern, or to use this Website for any such purpose; and (d) to promptly inform the Owner with respect to any claim or action of any kind against users for any use of the Website and, upon request of the Owner, to immediately cease the action for which the charge was made.

All material provided on the Website www.newyorkconvention.org is intended for educational purposes only. The material in the “Member Only” section may not be duplicated, disseminated, or appropriated without permission. Those provided with login details to access the “Member Only” section of the Website agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of any materials provided in the “Member Only” section of the Website, or share their access details with any third party.

VI. Changes to the Website

The Owner of the Website reserves the right to amend or to remove any part or the entire Website at any time without prior notice. Users of the Website are not entitled to any compensation for damage that may arise out of their failure to use the Website and/or from any bugs, interruptions, defects or delays in the functioning of the Website or the transmission of information on the internet through this Website.

VII. Miscellaneous

In case any of the present Terms is deemed to be null and void, inapplicable, or unenforceable, this shall not affect the validity and enforceability of the remaining Terms. These Terms constitute the entire agreement between each user and the Owner concerning the access to and the use of the Website. The present Terms of Use shall prevail over any other written agreement between each user and the Owner regarding the use of the Website.

The present Terms shall be governed by and construed in accordance with Belgian law. Any dispute arising out of or in relation to the present Terms shall be exclusively resolved by the Dutch-speaking Courts of Brussels, Belgium.

VIII. Contact Us

You can contact us via the “Contact” page.


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New York Convention Website Terms of Use