Arbitration News from The Netherlands

Draft Model BIT abandons Party-Appointed Arbitrators

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

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

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

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

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

English High Court provides useful guidance on whether test for appeal on a point...

The case of Agile Holdings Corp v Essar Shipping Ltd clarifies the circumstances in which the court can revisit the decision to grant leave...

England and Wales: Apparent Bias In Arbitral Tribunals – Guidance from the Court of...

In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) (3) (4)...

Due process and fairness in arbitral proceedings: the Commercial Court rules against finding serious...

The rejection of SCM Financial Overseas Ltd's ("SCM") challenge to an US$ 860 million award in favour of Raga Establishment Ltd ("Raga") on the...

Draft Model BIT abandons Party-Appointed Arbitrators

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

Comparative Chart of International Investment Arbitration Rules

Investment treaty arbitrations may be brought under the rules of many different arbitration institutions.  As can be expected, each institution has its unique rules...

Germany: Do Arbitration Agreements Cover Cartel Damages Claims?

The question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took an arbitration-friendly approach by dismissing an...

The Prague Rules – Inquisitorial Rules on the Taking of Evidence in International Arbitration

"Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?" A session of the fourth Russian Arbitration Association...

LCIA publishes its facts and figures: The 2017 Casework Report

The London Court of International Arbitration (the "LCIA") has recently published its Casework Report for 2017 which contains statistics on its performance last year....

Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017 

Click here for the chapter on The Netherlands in the 2016-2017 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on The Netherlands in the 2015-2016 Arbitration Yearbook.