Arbitration News from The Netherlands

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

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Arbitration Statistics 2020 – In Full Sail Through the COVID Storm

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Introduction It is this time of the year again: most major arbitration institutions have published their statistical reports, giving us the opportunity to take a...

Swiss Supreme Court confirms that an arbitral tribunal may under certain circumstances refuse to...

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In a decision published on 15th June 2021, the Swiss Federal Supreme Court ("SFSC") dismissed a challenge to set aside an arbitral award because...

Offsetting counterclaims against an arbitral award in the enforcement stage – a promising defense?

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In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can...

How long do parties need to wait for an arbitral award in Germany?

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Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties are typically not in the business...

The Paris Court of Appeal rules over French courts’ jurisdiction to hear a liability...

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In a recent decision issued by the International Commercial Chamber of the Paris Court of Appeal, the court quashed a judgment of the Paris...

Brussels Court of First Instance rules that tribunal secretaries can assist in drafting an...

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In a judgment of 17 June 2020, the Brussels Court of First Instance refused to set aside an ICC award in favour of the...

Swiss Supreme Court confirms that claims against bankrupt Swiss parties do not ipso facto...

In a decision published on 1st March 2021, the Swiss Federal Supreme Court ("SFSC") ruled on the arbitrability of a claim and the corresponding...

A Year in Arbitration: Recent Court Decisions from Turkey and Developments Around the World

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In the course of the past year, the Turkish courts have issued various decisions in relation to arbitration matters, which may be of interest...

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.