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Following a request for a preliminary ruling from the Brussels Court of First Instance (“CFI”), the Constitutional Court (“CC”) held in a judgment of 16 February 2017 that third parties should be entitled to lodge third-party opposition against arbitral awards, but they should not be able to rely on the limited grounds of annulment against arbitral awards to challenge arbitral awards directly. A company that was not a party to an arbitration proceeding, but nevertheless…

On 24 November 2017, the Netherlands Supreme Court rendered a notable judgment in exequatur proceedings in a case governed by the New York Convention.[1] This judgment has international bearing, as it demonstrates how, according to the highest court in the Netherlands, one aspect of the New York Convention must be interpreted and applied in practice. As per the Vienna Convention on the Law of Treaties,[2] which reflects international custom,[3] such leading views must be taken…

This table can provide a general overview only. The rules listed may not be applicable in all circumstances. Where rules distinguish between domestic and international arbitrations, only the rules applicable to international arbitrations are reflected in the table. Key: Y = Yes; N = No/Not Available/None; ? = uncertain, discretionary, or only in very specific circumstances. For further details, please see the main body of Baker McKenzie’s International Arbitration Yearbook 2017-2018 or contact our local…