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Netherlands: Supreme Court Decision in Societe Europeene d'Etudes et D'entreprises v. Yugoslavia*

Published online by Cambridge University Press:  04 April 2017

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Abstract

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 14 , Issue 1 , January 1975 , pp. 71 - 77
Copyright
Copyright © American Society of International Law 1975

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Footnotes

*

[The Decision of the High Council of the Netherlands, rendered October 26, 1973, appears at I.L.M. page 75. The Decision was translated for International Legal Materials from the Dutch original by T.M.C. Asser, Attorney for the International Bank for Reconstruction and Development.

[The text of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on June 10, 1958, appears at 7 I.L.M. 1046 (1968).]

References

** [The Summary was prepared for International Legal Materials by T.M.C. Asser.]

1 The text of the Arbitral Award was published in Clunet 1959, p. 1074.

2 330 UNTS 3.

* [Pursuant to Article 419 of the Dutch Code of Civil Procedure, the High Council may only investigate the grounds submitted by the parties in support of cassation and is bound by the facts of the case as determined by the decision submitted to cassation and the documents produced in court. In the event of cassation, the High Council may refer the case back to the court whose decision was reversed or to another court designated by the Code (Articles 420, 422(a) and 423). Article 424 of the Code of Civil Procedure provides that the court to which the case has been referred shall continue the proceedings and shall render a judgment taking into account the decision of the High Council.]