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…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Netherlands continues to be governed by the Wet…
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 Arbitration”) were launched at the Peace Palace in The Hague. The Rules on Human Rights Arbitration provide for the administration of arbitrations concerning disputes related to the impact of business activities on human rights. The Rules on Human Rights Arbitration are based on the UNCITRAL Arbitration Rules (as adopted in 2013) with modifications needed to address issues…
On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT.…
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 first reaction generally is that the CJEU has virtually stopped investment arbitration proceedings if the underlying Bilateral Investment Treaty (BIT) had been concluded between member states of the European Union. But is that true? To recall: BITs typically stipulate that each contracting country promises to treat investors from the other contracting country in a fair and…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016.…
A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that…