Arbitra International
4 Contributions by Arbitra International Experts
PRACTICE NOTES
State immunity in the Netherlands—introduction
This Practice Note examines how state immunity operates in relation to arbitration proceedings in the Netherlands. For a wider primer on state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. For Practice Notes covering state immunity across multiple jurisdictions (including England and Wales), consult our subtopic: State immunity and arbitration—overview.
State immunity and arbitration—overview
States and state-owned enterprises frequently participate in international commercial dealings. Contracts concluded by states—particularly those with overseas private parties—commonly include arbitration agreements. As a result, states are regular participants in international arbitration.
Under Dutch law, two categories of state immunity are recognised:
State immunity from jurisdiction (jurisdictional immunity)
State immunity from enforcement
Jurisdictional immunity is a rule that bars a court or tribunal from exercising authority over claims against the state that enjoys the immunity. Enforcement immunity prevents a court or tribunal from
Arbitration
PRACTICE NOTES
This Practice Note explores questions of arbitral jurisdiction in the Netherlands and outlines the avenues open to a party aiming to halt court proceedings...
Introduction
Where litigation is commenced in the Netherlands in breach of an arbitration clause, Dutch law is, as a rule, highly supportive of arbitration. The principal regime is found in Book 4 of the Dutch Code of Civil Procedure (DCCP), commonly known as the Netherlands Arbitration Act...
Challenging the jurisdiction of the court
Contesting the court’s jurisdiction is the foremost and most effective route for a party facing court proceedings brought despite an arbitration agreement. Under Articles 1022 DCCP (for arbitrations seated in the Netherlands) and 1074 DCCP (for arbitrations seated abroad), the state court seised of the dispute must declare it lacks jurisdiction if a party promptly invokes the arbitration agreement. The state courts will uphold the arbitration agreement where it is valid under any of
Arbitration
PRACTICE NOTES
Interim Remedies in the Netherlands–introduction
Interim measures aim to avert irreparable loss, maintain the existing position, or provisionally govern behaviour until a decision on the merits, and they must be capable of reversal and avoid prejudging the dispute. Dutch State courts have traditionally taken a generous stance in granting urgent interim relief in preliminary relief proceedings. The same approach is mirrored in arbitration. Dutch arbitration law is contained in the 4th book of the Dutch Code of Civil Procedure (DCCP), commonly called the Netherlands Arbitration Act. Since 1986, the Netherlands Arbitration Act has empowered tribunals to award urgent preliminary relief, and this occurs in numerous arbitrations. This note explains why Dutch interim remedy practice is distinctive and how both judges and arbitral tribunals assess and order such measures. It outlines their reasoning and outcomes in
Arbitration
PRACTICE NOTES
This Practice Note examines the recognition and enforcement of arbitral awards in the Netherlands.
Introduction
The Netherlands is an arbitration-friendly jurisdiction with a modern, pragmatic system of Arbitration Law. Dutch arbitration law is contained in the 4th book of the Dutch Code of Civil Procedure (‘DCCP’), often called the Netherlands Arbitration Act. For enforcement, the Act distinguishes between domestic awards, meaning awards issued in arbitrations seated in the Netherlands, and foreign awards, meaning awards issued in arbitrations seated outside the Netherlands. In essence, domestic awards are those rendered with the seat in the Netherlands, whereas foreign awards are those rendered with the seat abroad. Both categories only become enforceable once leave to enforce, also termed an exequatur, has been granted. After that leave is obtained, an award can be enforced in the Netherlands in the same way as an enforceable State court judgment. The
Arbitration
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