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 3, Boek 6 en Boek 10 van het Burgerlijk Wetboek en het Vierde Boek van het Wetboek van Burgerlijke Rechtsvordering in verband met de modernisering van het Arbitragerecht (“Arbitration Act”), to which there have been no legislative amendments. A.2 Institutions, rules and infrastructure It is expected that the Netherlands…
THE NETHERLANDS Mathieu Raas A. LEGISLATION AND RULES A.1 Legislation Arbitrations that are seated in the Netherlands continue…
On December 12, 2019, the Hague Rules on Business and Human Rights Arbitration (“the Rules on Human Rights…
On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT. The news heading was “Radical proposals in draft Netherlands Model BIT”. The radical proposal was the abandonment of the party-appointment arbitrator system. However, one must not mistake radical with novel because the debate on the elimination of party-appointed arbitrators is at least eight years old. The heat of the debate started in 2010, when Jan Paulson launched…
On 24 November 2017, the Netherlands Supreme Court rendered a notable judgment in exequatur proceedings in a case…
In a groundbreaking decision of 6 March 2018, the European Court of Justice (CJEU) shook up the arbitration community.…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European trade is likely to be significant in the wake of Brexit and the uncertain future of American trade policy. The Investment Court System (‘ICS’) of CETA has been hotly debated, and in 2016 threatened to derail the entire agreement when the local Parliament of Wallonia, Belgium initially vetoed the agreement. The…
A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that…