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Dutch Supreme Court confirms no appeal against leave to enforce foreign arbitral awards; asymmetric appeal rule upheld (NIOC v Crescent)

Published on: 05 March 2026

Published by a LexisNexis Arbitration expert
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National Iranian Oil Company (NIOC) v Crescent Gas Corporation Ltd & Crescent Petroleum Company International Ltd — ECLI:NL:HR:2026:98; Case no: 24/04670

What are the practical implications of this case?

Under Dutch law, this ruling confirms that an order granting leave to enforce an arbitral award cannot be appealed, whether it is domestic or foreign. The restriction flows from the asymmetric appeal rule: only a decision refusing leave is appealable (Article 1062(3) of the Dutch Code of Civil Procedure). Since 2010, the Supreme Court has held that this rule equally governs foreign arbitral awards (Rosneft v Yukos Capital, ECLI:NL:HR:2010:BM1679). The present judgment leaves no doubt: that line of authority stands after sixteen years. The takeaway is clear. A losing party must act at once when its opponent seeks leave to enforce in the Netherlands, as leave is the sole moment to resist. There is only one opportunity to contest application for leave; once leave is issued, it cannot be reversed on appeal. The decision underscores finality at the leave stage and reminds parties to raise all objections immediately in the Netherlands too...

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