Arbitration News from The Netherlands

The Hague Rules on Business and Human Rights Arbitration

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On December 12, 2019, the Hague Rules on Business and Human Rights Arbitration ("the Rules on Human Rights Arbitration") were launched at the Peace...

Draft Model BIT abandons Party-Appointed Arbitrators

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On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT. The news heading was "Radical proposals...

The Netherlands: Enforcement of Annulled Awards

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On 24 November 2017, the Netherlands Supreme Court rendered a notable judgment in exequatur proceedings in a case governed by the New York Convention....

European Court of Justice Stops Investment Arbitration in Intra-EU Disputes

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In a groundbreaking decision of 6 March 2018, the European Court of Justice (CJEU) shook up the arbitration community. The first reaction generally is that...

Investor State Arbitration under CETA: Key Provisions and What to Watch for in 2017

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The Comprehensive Economic and Trade Agreement ('CETA') between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European...

The Substantial Involvement of Arbitral Secretaries

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A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that an arbitral secretary was substantially involved? The...

Arbitration News from Europe

Higher Regional Court Frankfurt Finds Publication of a Dissenting Opinion to be Ground for...

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German law strictly protects the secrecy of the deliberations of a court and therefore does not allow the publication of dissenting opinions of lower...

Carpatsky Petroleum Corporation v PJSC Ukrnafta: issue estoppel and abuse of process in arbitration...

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Key takeaways The Carpatsky case is interesting for a number of reasons as it: underlines the deference paid to decisions of supervisory courts...

Reform of Swiss international arbitration law approved by the Parliament

In 2017, the Swiss Government released a draft bill aiming at a reform of the Swiss international arbitration legislation. On 9 June 2020, after several...

Section 68 challenge succeeds on the basis of serious irregularity caused by uncertainty or...

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In Xstrata Coal v Benxi Iron & Steel ( EWHC 324 (Comm)), the English High Court permitted a challenge made under section 68 of...

Court of Cassation Takes Significant Step for Arbitration: Court Sustained an Arbitral Award with...

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The role of the courts in the development of arbitration proceedings is undeniably crucial. The 15th Civil Chamber of the Court of Cassation, with its...

English Court of Appeal provides much needed clarity on the proper law of an...

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Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two...

New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment...

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For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties ("BITs") concluded between EU member states,...

A Practical Global Guide: Arbitration of M&A Transactions

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M&A transactions, which typically involve share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, are a huge area of commercial activity,...

Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition  

Click here for the chapter on The Netherlands in the 2018-2019 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2017-2018 Edition

Click here for the chapter on The Netherlands in the 2017-2018 Arbitration Yearbook.