The Netherlands - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Frank Kroes is a Partner in the Amsterdam office of Baker & McKenzie. His practice focus is on litigation and arbitration for financial institutions and other complex commercial disputes.

Marjon Lok is an Associate in the Amsterdam office of Baker & McKenzie. Her practice focus is on commercial and corporate arbitration and litigation and on insolvency and bankruptcy advice and disputes.

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Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislation

Since the implementation of the Arbitration Act in the Dutch Code of Civil Procedure (“DCCP”) on 1 December 1986,3 there have been no major legislative changes in Dutch arbitration law. Only minor changes have been implemented from time to time.

An example is the VAT charged by arbitrators. In the past, Dutch arbitrators were obliged to charge VAT even when serving in international arbitrations. As of 1 January 2010, Dutch arbitrators no longer have to charge VAT if the companies involved in the arbitration are established outside of the Netherlands.4 Another example is that parties that obtain an arbitral award from a tribunal with a seat in the Netherlands are, in principle, obliged to deposit this award with the court in whose district the seat of the tribunal is located. The court fee charged for depositing this arbitral award with the registry of the district court has been increased to EUR 110 as of 1 November 2010.5

Table of Contents:

A. Legislation, Trends and Tendencies A.1 Legislation A.2 Proposed Changes to the Dutch Arbitration Act A.3 Trends and Tendencies B. Cases B.1 Arbitration Proceedings: Intervention Denied Due to Unreasonable Delay B.2 Arbitration Proceedings: Tribunal Denies Request for Security B.3 Arbitration Proceedings: Arbitration Agreement in GTC Not Unreasonably Onerous for Consumers B.4 Court Proceedings: Valid Arbitration Agreement B.5. Court Proceedings: Right to Full Disclosure versus the Nature of Arbitration B.6 Court Proceedings: Boundaries of Arbitration versus Court Proceedings; Legal Consequences of Which Parties Cannot Freely Dispose B.7 Court Proceedings: Summary Court Proceedings versus Summary Arbitration Proceedings B.8 Court Proceedings: Appeal of Decision to Enforce Foreign Arbitral Awards B.9 Court Proceedings: Exequator Is Compulsory for Enforcement of Penalty B.10 Court Proceedings: Enforcement of Foreign Arbitral Award C. Insolvency Issues in Arbitration C.1 Relationship between Bankruptcy and Arbitration C.2 Rights and Obligations Comprised in the Estate C.3 Procurement of Performance from the Bankrupt Estate C.4 Circumventing Arbitration by the Distressed Entity C.5 Cross Border Insolvency