Following the Blog’s tradition of “year-in-review” series, this post reflects on the key arbitration developments in the Netherlands in 2024. What emerges from this review is the Netherlands’ strong…
In Case No. ECLI:NL:GHAMS:2024:947, the Appeal Court in Amsterdam granted leave to enforce an arbitral award despite the applicant being unable to produce the original arbitration agreement or a duly…
The Court of Appeal of Amsterdam (the “Court”) recently granted leave to enforce a foreign ICC award in the Netherlands, despite fraud allegations and pending setting-aside proceedings in France.
The…
There is no dull moment in the intra-EU realm. Pandora’s box has long been opened by the Court of Justice of the European Union ("CJEU") with its Achmea decision leading to numerous ongoing…
On 12 July 2024, the Dutch Supreme Court (the “Supreme Court”) rendered its much anticipated decision on whether clauses providing for mediation as a procedural step before arbitration (or court…
On 7 June 2024, the Dutch Arbitration Association (“DAA”) held its annual conference (the Dutch Arbitration Day “DAD”). Themed “Arbitration for the Next Generation”, this year's edition highlighted…
On 21 February 2024, the District Court of Amsterdam (“the court”) rendered a decision in summary proceedings. The key question that arose from this decision was: Can parties facing an unclear…
Today, concurrent with the 75th anniversary of the Netherlands Arbitration Institute ("NAI"), the new 2024 NAI Arbitration Rules (the "NAI Rules") will enter into force and be applicable to NAI…
Under Article 34 of the UNCITRAL Model Law (“Model Law”), an arbitral award may be set aside if the arbitration agreement is “not valid”. A more controversial issue is whether setting aside avenues…
One of the reasons that parties opt in for arbitration instead of litigation as a mechanism to settle their disputes is that the recognition and enforcement of an arbitral award is easier to…