JUDGMENTS RENDERED BY THE DISTRICT COURT OF THE HAGUE ON 27 MAY 2004 IN (1) CASE KG/RK 2002-979 AND 2003-1617 AND BY THE COURT OF APPEAL OF THE HAGUE ON 24 MARCH 2005 IN (2) CASE 04/694 AND 04/695 (Marketing Displays International Inc. v. VR Van Raalte Reclame B.V.) - Stockholm International Arbitration Review (SIAR) 2006 No. 2

Author(s):

Diederik de Groot

Page Count:

30 pages

Media Description:

1 PDF Download

Published:

March, 2007

Jurisdictions:

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Description:

Originally from: Stockholm International Arbitration Review

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Includes Observations by Diederik de Groot

JUDGMENTS RENDERED BY THE DISTRICT COURT OF THE HAGUE ON 27 MAY 2004 IN (1) CASE KG/RK 2002-979 AND 2003-1617 AND BY THE COURT OF APPEAL OF THE HAGUE ON 24 MARCH 2005 IN (2) CASE 04/694 AND 04/695 (Marketing Displays International Inc. v. VR Van Raalte Reclame B.V.)

Subject Matters:

(1) Leave for enforcement under the New York Convention

(2) Art. 81 EC

(3) (International) public policy

Findings:

(1) The Court refused to grant leave for enforcement (exequatur) of three US arbitral awards, because these awards were considered incompatible with Art. 81 EC.

(2) The Court applied the findings of Eco Swiss v. Benetton to review the compatibility of the awards with EC competition law.

(3) The Court based its refusal on violation of public policy.

Parties:

Claimant: Marketing Displays International Inc. (USA)

Claimant's counsel in the district court proceedings: Mr. M. Aukema

Claimant's counsel in the court of appeal proceedings: Mr. A.J. Braakman

Respondent: VR Van Raalte Reclame B.V. (the Netherlands)

Respondent's counsel in the district court proceedings: Mr. P.A. Ruig

Respondent's counsel in the court of appeal proceedings: Mr. P.A. Ruig

Place of court proceedings: The Hague, the Netherlands

Courts:

The District Court of the Hague, the Netherlands

The Court of Appeal the Hague, the Netherlands