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

Polish Appellate Court set aside ICC award for violating basic principles of public policy

The Appellate Court in Wrocław, Poland ] considered the question of whether the principle that a case must be examined comprehensively and that doubts...

Enforcement of Intra-EU Investment Treaty Arbitration Awards in U.S. Remains Unclear After D.C. Court’s...

In Micula v. Romania, a D.C. district court judge recently enforced an investor-state arbitration award in a case brought by nationals of a European...

Federal Republic of Germany faces third ever investor-state arbitration: Might changes to renewables regime...

On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE ("Strabag") for the initiation of an ICSID arbitration proceeding (ICSID Case...

GDPR does not apply to arbitration under NAFTA

In Tennant Energy LLC (USA) v. Government of Canada (PCA Case No. 2018-54), a NAFTA tribunal addressed the reach of the General Data Protection...

Switzerland: New landmark decision on the applicability of the CISG and its interaction with...

In its decision dated 28 May 2019 (case No. 4A_543/2018 (in German), selected for publication in the official court reporter), the Swiss Federal Supreme...

ISDS under ECT remains intact after contrary Declaration by 22 EU Member States

The Achmea decision and its aftermath are still a hot topic in the international arbitration community. In the Achmea decision, the European Court of...

Switzerland: Opting out from domestic arbitration into international arbitration – Federal Supreme Court defines...

In its decision dated 7 May 2019, the Swiss Federal Supreme Court (SFSC) clarified the requirements of a parties' agreement to exclude the domestic...

International Arbitration Statistics 2018 – Another busy year for Arbitral Institutions

While it hasn’t been a record year for most arbitral institutions, the demand for arbitration is still very strong. As in the previous yearsSee:...

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.