Enforcement of arbitral award

What we do

An arbitral award can only be enforced once the court has granted permission. It may seem cumbersome to have to go to court for enforcement following arbitration proceedings. However, this involves a quick, non-substantive procedure before the preliminary relief judge. The preliminary relief judge briefly assesses whether the arbitral award meets the requirements of the law before granting permission for enforcement. We can assist with the enforcement of arbitral awards.

We have the experience and expertise to assume various roles during an arbitration case: from arbitrator to advisor. Contact us to discuss the possibilities.

Exequatur: leave from the preliminary relief judge (Article 1062 of the Dutch Code of Civil Procedure)

An arbitral award is binding between the parties, but does not in itself constitute an enforceable title. For actual enforcement in the Netherlands, permission from the preliminary relief judge is required: the so-called exequatur. This is regulated in Article 1062 of the Code of Civil Procedure (Rv). The preliminary relief judge of the court where the arbitral award has been deposited or where the place of arbitration is located grants this permission. The permission is noted on the original award or included in a separate order. Only with that exequatur can a court bailiff actually proceed with execution, such as attachment of a bank account or assets.

Our lawyers and (corporate) legal counsel draft the petition, arrange for its filing with the registry where necessary (Article 1058 of the Dutch Code of Civil Procedure), and ensure that the request meets all formal requirements. This prevents leave from being suspended or refused on procedural grounds.

When can the judge refuse leave? (Article 1063 of the Dutch Code of Civil Procedure)

The review by the preliminary relief judge is deliberately limited and summary; it is expressly not a second chance at the substance of the case. Pursuant to Article 1063 of the Dutch Code of Civil Procedure (Rv), leave may only be refused if it is plausible that the arbitral award will be set aside on one of the grounds of Article 1065 paragraph 1 Rv (for example, the absence of a valid arbitration agreement, an incorrectly constituted arbitral tribunal, exceeding the mandate, an unsigned or unreasoned award, or a violation of public order), or will be revoked on a ground of Article 1068 paragraph 1 Rv (fraud, false documents, or withheld evidence). Leave may also be refused insofar as a penalty payment has been imposed in violation of Article 1056 Rv.

Is your counterparty opposing the leave, or is an annulment or revocation procedure imminent? In that case, targeted legal assistance is essential. We assess the chances of success and, where necessary, conduct a defense or, conversely, request annulment ourselves.

Enforcement of a foreign arbitral award (Articles 1075 and 1076 of the Dutch Code of Civil Procedure)

Separate rules apply to arbitral awards rendered abroad. If the award is covered by a recognition and enforcement treaty, such as the New York Convention of 1958, recognition and enforcement are conducted via Article 1075 of the Dutch Code of Civil Procedure (Rv). If there is no applicable treaty, Article 1076 Rv applies. In both cases, since January 1, 2015, the Court of Appeal, rather than the District Court, has jurisdiction to decide on the request for recognition and enforcement.

Under the New York Convention, arbitral awards from signatory states are in principle recognized and enforced. The court may refuse recognition and enforcement only on one of the exhaustive grounds of Article V of the Convention, such as an invalid arbitration agreement, a violation of the principle of hearing both sides, or a conflict with public order. This often makes an arbitral award easier to enforce across borders than an ordinary court judgment, particularly outside Europe. Whether you are an international group or an SME doing business with a foreign party, we guide you through the correct procedure and the associated documentation requirements.

From exequatur to execution: seizure and bailiff

The exequatur is not an end in itself, but the starting point for the actual collection. With the permit in hand, the bailiff can take enforcement measures: executory attachment of bank accounts, movable or immovable property, or third-party attachment against, for example, debtors of your counterparty. It is often advisable to place a provisional attachment before or during the exequatur procedure, so that recovery is secured before the counterparty siphons off assets.

We help determine the most effective recovery strategy, from identifying assets to manage the bailiff. Our approach is the same, whether you are a large corporation or the entrepreneur around the corner: goal-oriented, cost-conscious, and focused on results.

Frequently asked questions about the enforcement of an arbitral award

Can I have an arbitral award enforced immediately?

No. An arbitral award is binding, but for enforcement in the Netherlands, permission (exequatur) from the preliminary relief judge is required first pursuant to Article 1062 of the Dutch Code of Civil Procedure. Only then can the bailiff proceed with execution.

How fast is the exequatur procedure?

The procedure is generally fast and non-substantive. The preliminary relief judge conducts only a summary review and can refuse leave only on the limited grounds of Article 1063 of the Dutch Code of Civil Procedure. In practice, therefore, leave is granted expeditiously in many cases.

Does this also apply to a foreign arbitral award?

Yes, but via a different route. For foreign arbitral awards, Articles 1075 of the Dutch Code of Civil Procedure (with a treaty, such as the 1958 New York Convention) and 1076 of the Dutch Code of Civil Procedure (without a treaty) apply, and the Court of Appeal has jurisdiction.

What if my opposing party requests the annulment of the judgment?

An ongoing annulment or revocation procedure may be grounds to suspend the leave or to refuse it if annulment is plausible. We assess the risks and present a defense where necessary.

Part of our expertise Arbitration

The enforcement of an arbitral award is the final stage of arbitration proceedings. This page is part of our broader Arbitration, within which we assist you at every stage: from drafting an arbitration clause and conducting the proceedings to acting as arbitrator and the final execution of the award. At MKB Juristen, lawyers and in-house counsel work together in mixed teams for clients ranging from international corporations to the baker around the corner. Please feel free to contact us to discuss your situation.