Lex Mercatoria

www.lexmercatoria.org

www.jus.uio.no/lm

  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Netherlands - Arbitration Act * 1 December 1986 Code of Civil Procedure - Book Four: Arbitration

Title One: - Arbitration in the Netherlands

Section One. - Arbitration Agreement and Appointment of Arbitrators

Article 1020 - Arbitration Agreements in General **

Article 1021 - Form of Arbitration Agreement

Article 1022 - Arbitration Agreement and Substantive Claim Before Court; Arbitration Agreement and Interim Measures by Court

Article 1023 - Who may be Appointed as an Arbitrator

Article 1024 - Submission Agreement: Commencement of Arbitral Proceedings

Article 1025 - Arbitration Clause: Commencement of Arbitral Proceedings

Article 1026 - Number of Arbitrators

Article 1027 - Appointment of Arbitrators

Article 1028 - Privileged Position of a Party in Appointing Arbitrators

Article 1029 - Arbitrator's Acceptance and Release of Mandate

Article 1030 - Appointment of a Substitute Arbitrator

Article 1031 - Termination of the Arbitral Tribunal's Mandate; Tribunal's Failure to Proceed

Article 1032 - Death of a Party

Article 1033 - Challenge of an Arbitrator: Grounds

Article 1034 - Duty to Disclose

Article 1035 - Challenge of an Arbitrator: Procedure

Section Two. - The Arbitral Proceedings

Article 1036 - Determination of Rules of Procedure

Article 1037 - Place of Arbitration

Article 1038 - Representation and Assistance

Article 1039 - Equal Treatment of Parties; Hearing; Right to Produce Witnesses and Experts; Production of Documents; Rules of Evidence

Article 1040 - Default of a Party

Article 1041 - Examination of Witnesses

Article 1042 - Experts Appointed by Arbitral Tribunal

Article 1043 - Order for Personal Appearance of the Parties

Article 1044 - Request for Information on Foreign Law

Article 1045 - Third Parties

Article 1046 - Consolidation of Arbitral Proceedings

Article 1047 - Section Two Not Applicable to Quality Arbitration

Article 1048 - Time Limit for Making the Award

Section Three. The Arbitral Award

Article 1049 - Types of Award

Article 1050 - Appeal to Second Arbitral Tribunal

Article 1051 - Summary Arbitral Proceedings

Article 1052 - Pleas as to the Jurisdiction of the Arbitral Tribunal

Article 1053 - Separability of the Arbitration Clause

Article 1054 - Rules Applicable to the Substance of the Dispute

Article 1055 - Enforceability of Award Notwithstanding Arbitral Appeal

Article 1056 - Penalty for Non-Compliance

Article 1057 - Majority Decision; Refusal of Minority to Sign; Form and Contents of Award

Article 1058 - Notification and Deposit of Award; Termination of Mandate of Arbitral Tribunal

Article 1059 - Res Judicata of the Award

Article 1060 - Rectification and Correction of the Award

Article 1061 - Additional Award

Section Four. - Enforcement of the Arbitral Award

Article 1062 - Granting Leave for Enforcement

Article 1063 - Refusal of Leave for Enforcement

Section Five. - Setting Aside and Revocation of the Arbitral Award

Article 1064 - Setting Aside in General

Article 1065 - Grounds for Setting Aside

Article 1066 - Suspension of Enforcement

Article 1067 - Consequences of Setting Aside

Article 1068 - Revocation of the Award in Case of Fraud, Forgery or New Documents *

Section Six. - Arbitral Award on Agreed Terms

Article 1069

Section Seven. - Final Provisions

Article 1070 - No Appeal Against Certain Decisions of President of District Court

Article 1071 - No Attorney Required for Certain Requests

Article 1072 - Agreement on Competent President of District Court in Certain Cases

Article 1073 - Applicability of Title One to Arbitration Within The Netherlands; Appointment of Arbitrators in Case Place of Arbitration is Unknown

Title Two: - Arbitration Outside The Netherlands

Article 1074 - Foreign Arbitration Agreement and Substantive Claim Before Dutch Court; Foreign Arbitration Agreement and Interim Measures by Dutch Court

Article 1075 - Recognition and Enforcement of Foreign Award Under Treaties

Article 1076 - Recognition and Enforcement of Foreign Award Without Treaties

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Netherlands - Arbitration Act * 1 December 1986 Code of Civil Procedure - Book Four: Arbitration

Netherlands

copy @ Lex Mercatoria

Netherlands - Arbitration Act * 1 December 1986 Code of Civil Procedure - Book Four: Arbitration

Title One: - Arbitration in the Netherlands

Section Five. - Setting Aside and Revocation of the Arbitral Award

Article 1065 - Grounds for Setting Aside

1. Setting aside of the award can take place only on one or more of the following grounds:

(a) absence of a valid arbitration agreement;

(b) the arbitral tribunal was constituted in violation of the rules applicable thereto;

(c) the arbitral tribunal has not complied with its mandate;

(d) the award is not signed or does not contain reasons in accordance with the provisions of article 1057;

(e) the award, or the manner in which it was made, violates public policy or good morals.

2. The ground mentioned in paragraph (1)( a ) above shall not constitute a ground for setting aside in the case mentioned in article 1052(2).

3. The ground mentioned in paragraph (1)(b ) above shall not constitute a ground for setting aside in the cases mentioned in article 1052(3).

4. The ground mentioned in paragraph (1)(c ) above shall not constitute a ground for setting aside if the party who invokes this ground has participated in the arbitral proceedings without invoking such ground, although it was known to him that the arbitral tribunal did not comply with its mandate.

5. If the arbitral tribunal has awarded in excess of, or differently from, what was claimed, the arbitral award shall be partially set aside to the extent that the part of the award which is in excess of or different from the claim can be separated from the remaining part of the award.

6. If and to the extent that the arbitral tribunal has failed to decide one or more matters submitted to it, the application for setting aside on the ground mentioned in paragraph (1)(c ) above shall be admissible only if an additional award mentioned in article 1061(1) is made, or the request for an additional award mentioned in article 1061(1) has wholly or partially been rejected.

7. Notwithstanding the provisions of the second sentence of article 1064(3), the time limit for making an application for setting aside mentioned in the preceding paragraph shall be three months from the date of deposit of the additional award or the copy of the notification mentioned in article 1061(5) with the Registry of the District Court.


  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Lex Mercatoria -->

( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.

Disclaimer!

© 

Ralph Amissah




Lex Mercatoria