Jurisdiction(s):
United Kingdom

Dutch Court of Appeal confirms no appeal lies against exequatur granting enforcement of foreign arbitral awards; asymmetric appeal principle applies to foreign and domestic awards under New York Convention

Published on: 09 June 2025

Published by a LexisNexis Arbitration expert

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Article summary

Iran National Iranian Oil Company ‘NIOC’ v Crescent Gas Corporation Ltd and Crescent Petroleum Company International Ltd 200.323.344/01

What are the practical implications of this case?

This decision turns on the doctrine of asymmetrical appeal in relation to the grant of exequaturs for foreign arbitral awards. Although determined under the Netherlands’ former arbitration statute, it is equally relevant under the current regime, as the pertinent rules are unchanged. To enforce an arbitral award in the Netherlands, a party must first secure recognition and leave to enforce (exequatur) from a Dutch court. For domestic awards, exequatur applications are usually routine and often proceed ex parte (ie without hearing the other party), whereas applications concerning foreign awards are more substantive and heard on a contested basis. Even so, as in many other jurisdictions and consistent with the New York Convention, the grounds on which a Dutch court may refuse an exequatur for a foreign award remain tightly confined. Only if the court declines the exequatur may the requesting party appeal that outcome. Where the court grants the exequatur, the opposing party has no avenue of appeal. This preserves asymmetry: only refusals are appealable by the applicant; grants afford the opponent no challenge...

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