Enforcement Disputes and Setting Aside proceedings
As an independent boutique firm we are frequently contacted by leading international law firms and top tier law firms in foreign jurisdictions that seek our services both with the enforcement of foreign judgments and foreign arbitral awards. Also, we often become involved after a final award is issued in arbitration proceedings seated in The Netherlands, either to advise on the possibilities for commencing setting aside proceedings or to represent a party in setting aside proceedings. Managing partner Stefan Derksen has contributed to the chapters on enforcement and setting aside proceedings in the leading handbook on Dutch arbitration law. Malte Malycha is very experienced in securing recourse. Lútsen de Vries has specific expertise in relation to investment arbitration and claims under BITs.
Recent cases
- We are representing a Brazilian client in setting aside proceedings relating to the setting aside of an ICC award in a Dutch seated arbitration.
- We successfully represented a client in setting aside proceeding resulting in the setting aside of an ICC award in a Dutch seated arbitration based on public policy grounds.
- We successfully represented a Dutch municipality in setting aside proceedings following a arbitration that took over four years and in which five arbitral awards were issued.
- Our lawyers are part of an international counsel team acting for a major insurer in the Dutch Caribbean on the worldwide enforcement of an award of over USD 500 million
- We are representing an investor in enforcement proceedings concerning an English judgment and related attachment proceedings in the Netherlands
- Representing multiple clients in different setting aside proceedings as well as proceedings regarding the recognition and enforcement of arbitral awards
- Representing financial institutions in various disputes on the enforcement of security rights
- Our lawyers have been involved as part of a counsel team from De Brauw Blackstone Westbroek in the enforcement of the USD 50 billion arbitral awards against the Russian Federation
- Defending a Ukrainian bank in annulment proceedings relating to an award on jurisdiction and liability issued in arbitral proceedings under the Ukraine-Russia BIT following the expropriation of assets of the Bank in Crimea, Ukraine by the Russian Federation (including defence against discovery claims)