The Hague Judgments Convention: an instrument for the distant future?

Introduction¬† On 2 July 2019, the Hague Conference of Private International Law (HCCH) adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention; see full text of the convention here). The Judgments Convention aims to provide an efficient system for the recognition and enforcement of foreign judgments in civil or commercial matters. … Read more

KEI pilot ends: reset of digital litigation at Dutch courts, and new procedural rules

On 1 October 2019, legislation will enter into force ending the KEI pilot scheme for digital litigation at the courts of Gelderland and Central Netherlands (Midden-Nederland). However, certain new procedural rules, which were part of the digitalisation pilot, will remain in force and will apply to all Dutch courts. End of digital litigation The pilot for digital litigation started on … Read more

Arbitral award obligating Ecuador to prevent enforcement of USD 8.6 billion order does not violate public order

Introduction Due to environmental damage as a result of oil extraction in the Ecuadorian Amazon, oil company Chevron was ordered to pay USD 8.6 billion to Ecuadorian citizens. In order to claim release of liability, Chevron and Texaco initiated arbitration proceedings against Ecuador. Arbitral awards ordered Ecuador to prevent enforcement of the Ecuadorian judgment, leaving the Ecuadorian plaintiffs temporarily unable … Read more

Dutch Supreme Court rules on the importance of the judgment of a disciplinary court for the judgment on civil liability

In its decision of 22 September 2017, ECLI:NL:HR:2017:2452 the Dutch Supreme Court ruled that a judgment on civil liability must include sufficiently comprehensible reasons explaining why it differs from a judgment given by a disciplinary court on the same facts. Background of the case The plaintiff had a company that imported flowers from Kenya. Since its formation, the company had … Read more

No liability of the Municipality as the road authority under Article 6:162 or 6:174 Dutch Civil Code in the case of tripping over cables from a market stall

Supreme Court 7 October 2016, ECLI:NL:HR:2016:2283 (Eiseres/Gemeente Nijmegen) On 7 October 2016, the Dutch Supreme Court ruled that the Municipality of Nijmegen, as the road authority, was not liable under Article 6:174 or Article 6:162 of the Dutch Civil Code (”BW”) for injuries caused to the plaintiff by tripping over electricity cables from a market stall. Facts of the case … Read more