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Amsterdam Court of Appeal enforces award despite missing Article IV(1)(b) formality; GPGC v Ghana confirms pragmatic New York Convention approach

Published on: 05 September 2024

Published by a LexisNexis Arbitration expert
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GPGC Ltd v the government of the Republic of Ghana, 200.328.375/01

What are the practical implications of this case?

The Amsterdam Court of Appeal in GPGC v Ghana holds that, in the Netherlands, an application for enforcement that falls short of the formalities in Article IV of the NYC may still be granted in defined circumstances. The stipulation in Article IV(1)(b) NYC—requiring submission of the original arbitration agreement or a duly certified copy with the enforcement application—is not enforced rigidly where the Dutch courts can ascertain, by other means, the presence and terms of the arbitration agreement. Accordingly, omission of the instrument itself, or a certified duplicate, need not be fatal if the court can otherwise verify its existence and contents. This approach mirrors earlier rulings (see, for instance, ECLI:NL:GHAMS:2022:3325 and ECLI:NL:GHDHA:2019:3311). The Amsterdam Court of Appeal’s latest judgment confirms a settled trend in Dutch case law: enforcement will not be summarily refused simply because one of Article IV’s formal requirements has not been met. Instead, where possible, the Dutch courts will prefer a pragmatic, solution-led path...

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