Jurisdiction(s):
United Kingdom

Amsterdam Court of Appeal grants partial leave to enforce DIFC award to net amount; refuses counter-request for insufficient legal interest (BV v Basrah Oil Company)

Published on: 25 March 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

BV v Basrah Oil Company 200.323.800/01 200.323.800/01

What are the practical implications of this case?

The practical implications of this case are twofold.

It confirms that, in enforcement proceedings, a defendant may lodge a counter-application for leave to enforce an arbitral award arising from the same arbitration. That is what Basrah Oil did in respect of the award it had obtained against the Claimant. The Claimant opposed this on procedural grounds, asserting that placing the request within Basrah Oil’s response to the Claimant’s own application for leave breached principles of due process. The Amsterdam Court of Appeal addressed these concerns by arranging an additional hearing so the Claimant could properly answer the counter-application, and dismissed the remainder of the objections.
More importantly, the Amsterdam Court of Appeal confined the leave to enforce to the net figure: the amount awarded to the Claimant under a final award minus the amount awarded to Basrah Oil in a supplementary award rendered within the same arbitration...

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