Category: Dutch procedural law
Last october, a drama occurred involving Akzo Nobel’s participation in the Volvo Ocean Race. Shortly before the start of the race, Skipper Simeon Tienpont was suddenly dismissed on account of a conflict between his company and Akzo Nobel. He then successfully instituted summary arbitral proceedings in which he demanded to be allowed to return to the helm. Litigation Lawyer Onno Hennis discusses the Ruling, which makes it clear that even in very urgent cases, arbitration can be a valid alternative to the government judicial system (and why that is quite special).
Read more about: Ruling in summary arbitral proceedings: Skipper must be allowed to return to the helm in the Volvo Ocean Race
More and more parties in the Netherlands are deciding to settle their disputes through arbitration rather than taking their disputes to court. Procedural Law Lawyer Onno Hennis explains why, and illustrates this by reference to a recent decision of the Court of Rotterdam.
Read more about: Enforcement of a Dutch arbitration award is easy!
In the Netherlands, enforcement of an arbitral award requires the permission of the court. A ruling of the Court of Utrecht under the previous arbitration law makes it clear that the court will only refuse permission in very exceptional cases. Arbitration lawyer Onno Hennis explains that there are good reasons for this, on the basis of this judgement.
Read more about: Enforcement of arbitral award: permission of the court required!
During a hearing a Dutch court may establish agreements between parties upon request in a so-called official report. But for how long can parties bring claims on the basis of agreements reached in this form? Dutch procedural law lawyer Heleen Cabral explains this on the basis of a case.
Read more about: Limitation period for an official report; five or twenty years?
In the Netherlands, court decisions are public: judgments are available (anonymised) to anyone and can be requested from the Court. Moreover, in principle, anyone can attend a session of the Dutch Court, unless the law provides otherwise, but this only happens in exceptional cases. Procedural lawyer Robert van Ewijk explains how it works.
Read more about: Court decisions in camera, when is this an option?