The Netherlands - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s):

Frank Kroes

Saskia Temme

Page Count:

16 pages

Media Description:

PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"

Published:

March, 2012

Jurisdictions:

Netherlands, The

Practice Areas:

Existence and Validity of Agreement to Arbitrate,

Mandatory Rules,

Enforceability,

Bankruptcy of a Party

Author Detail:

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

Saskia Temme is a Senior Associate in Baker & McKenzie’s Amsterdam office. Her practice focus is on commercial litigation and international arbitration.

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Description:

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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THE NETHERLANDS
Frank Kroes and Saskia Temme

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislation

There have been no major legislative changes in Dutch arbitration law since the implementation of the Arbitration Act in the Dutch Code of Civil Procedure (“DCCP”) on 1 December 1986.4

A.2 Proposed Changes to the Dutch Arbitration Act

As discussed in previous editions of The Baker & McKenzie International Arbitration Yearbook,5 the Ministry of Justice indicated over a decade ago that Book 4 of the DCCP pertaining to arbitration would undergo major legislative changes.6 A panel of arbitration specialists chaired by Professor A.J. van den Berg prepared a proposal for amending Dutch arbitration law (“Proposal”) and submitted it to the Ministry of Justice on 21

Table of Contents:

THE NETHERLANDS
Frank Kroes and Saskia Temme

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 Court Proceedings: Recognition of Foreign Arbitral Awards in the Netherlands
B.2 Court Proceedings: Inclusion of Arbitration Clause in General Terms and Conditions Found to be an Unreasonable Burden for the Consumer
B.3 Court Proceedings: Jursdiction of Dutch Courts over Claim for Limited Discovery where Arbitration is Outside the Netherlands
B.4 Arbitration Proceedings: Interpretation of a Contractual Clause on Dispute Resolution as a Valid Arbitration Agreement
C. Public Policy in International Arbitration
C.1 Reliance on Public Policy Before Dutch State Courts
C.2 Reliance on Public Policy in Arbitral Proceedings
C.3 Rules that Constitute "Public Policy"