Arbitration News from The Netherlands

Baker McKenzie International Arbitration Yearbook 2021-2022 – Netherlands

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A. LEGISLATION AND RULES A.1       Legislation International arbitration in the Netherlands continues to be governed by the Wet van 2 juni 2014 tot wijziging van Boek...

Baker McKenzie International Arbitration Yearbook 2020-2021 – The Netherlands

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THE NETHERLANDS Mathieu Raas A. LEGISLATION AND RULES A.1       Legislation Arbitrations that are seated in the Netherlands continue to be governed by the arbitration act of 1 January...

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

Swiss case law on multitier dispute resolution clauses: Is a pre-arbitral ADR attempt mandatory?

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Arbitration is the most popular choice for dispute resolution in multinational commercial agreements. At times, relevant arbitration clauses provide that arbitration proceedings can only...

District Court of Munich confirms arbitrability of patent validity disputes

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The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate. Traditionally, the prevailing opinion among scholars...

SCC Express Dispute Assessment – Quick and Dirty?

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One year ago, in May 2021, the Arbitration Institute of the Stockholm Chamber of Commerce ("SCC") extended its portfolio of dispute resolution services with...

Now available: International Arbitration Yearbook 2021-2022

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We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 15th edition looks at key...

Paris Court of Appeals Upheld Arbitral Award Signed in Separate Pages During Covid-19 Lockdown

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The case at hand is, to our knowledge, the first and sole decision rendered by French courts in arbitration concerning issues related to the...

Myths Debunked: Preferences for Arbitration and Litigation

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No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the...

The Constitutional Court of the Republic of Turkey rules that Turkish courts’ lack of...

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On 8 June 2021, the Constitutional Court of the Republic of Turkey ("Constitutional Court") decided on an individual application concerning, inter alia, violation of...

German Supreme Court confirms that Achmea-decision is transferable to arbitration clauses in other BITs

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One year ago, the Higher Regional Court Frankfurt decided that the Achmea-decision by the Court of Justice of the EU (“CJEU“) is transferable to...

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.