Arbitration & ADR, Netherlands updates

Sine dubio: court acknowledges pro-enforcement bias of New York Convention
Freshfields Bruckhaus Deringer LLP
  • Netherlands
  • June 07 2018

The Hague Court of Appeal recently ruled that its decision on an application for the enforcement of a foreign arbitral award would not be stayed solely on the basis of pending setting aside proceedings at the place of arbitration. Further, the court ruled that the party requesting exequatur did not have to submit Dutch translations of the award. The decision is notable, as the appeal court explicitly acknowledged the New York Convention's pro-enforcement bias, which several courts have failed to do in recent years.

Arbitral award may be enforced after annulment at seat
Freshfields Bruckhaus Deringer LLP
  • Netherlands
  • February 22 2018

The Supreme Court recently ruled that a Dutch court may enforce an annulled arbitral award if, among other things, the local annulment decision is based on grounds other than those set out in Article V(1)(a)-(d) of the New York Convention and which are not internationally recognised, or the annulment decision is irreconcilable with Dutch private international law. This judgment offers important guidance as to the Dutch courts' discretion to enforce annulled awards.

Will ruling denying recognition of Yukos bankruptcy affect setting aside of $50 billion UNCITRAL award?
Freshfields Bruckhaus Deringer LLP
  • Netherlands
  • September 21 2017

The Amsterdam Court of Appeals recently ruled that the Russian liquidation order regarding OAO Yukos Oil Company is contrary to Dutch public order and therefore null and void. An interesting question is whether the judgment will have a bearing in the appeal of the annulment proceedings concerning the $50 billion Energy Charter Treaty arbitration case between former Yukos shareholders and Russia, which is pending before The Hague Court of Appeal.

Swatch/Tiffany setting-aside proceedings: court rules restraint must be exercised in reviewing arbitral decisions
Freshfields Bruckhaus Deringer LLP
  • Netherlands
  • June 01 2017

The Amsterdam Court of Appeals recently annulled a 2013 Amsterdam District Court decision to set aside a $450 million arbitral award in proceedings between watchmaker Swatch and jeweller Tiffany. The main question for the court of appeals was whether the district court had been correct in holding that the tribunal had exceeded its authority. The judgment, which may be subjected to Supreme Court review, confirms the court's pro-arbitration and enforcement approach.

Supreme Court rules recognition of international arbitral awards not subject to appeal
Freshfields Bruckhaus Deringer LLP
  • Netherlands
  • May 04 2017

In a recent decision, the Supreme Court rigorously applied Article III of the New York Convention and ruled that a decision recognising an international arbitral award is no more subject to appeal than a decision recognising a domestic arbitral award. Further, the court rejected the plea that such an appeal should be available under Article 6 of the European Convention on Human Rights.

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