Marc Padberg presents his paper on Arbitration and the Judiciary in the Netherlands at the ICMA
On 8 – 13 March 2020, the International Congress of Maritime Arbitrators (ICMA) held its 21st Congress in Rio de Janeiro, Brazil. At the Congress Kneppelhout’s Managing Partner Marc Padberg had the opportunity to present his paper titled “What is hot in the Netherlands, how do the judiciary and arbitrators cooperate and – as the case may be – under which circumstances can arbitral awards be set aside by the judiciary”.
First established in 1972, the ICMA provides an international forum for arbitrators, lawyers, ship-owners, charterers and others from the maritime industry to exchange views and news of professional interest. At this year’s congress Marc Padberg had the opportunity to present his paper and discuss the relationship and cooperation between arbitration and the Dutch judicial system. In addition, he presented key updates, such as new opening of the Netherlands Commercial Court (NCC) in 2019. The NCC – consisting of the NCC District Court and the NCC Court of Appeal is aimed at resolving international business disputes, with proceedings and judgments in the English language. Particularly relevant for ICMA, he also discussed the Maritime Chamber of the Rotterdam District Court, which has exclusive jurisdiction in nearly all maritime cases in the Netherlands. Given the international nature of the transport and maritime matters, it has since 2016 been possible to conduct proceedings in English. Finally, he discussed the substantial revision of the Dutch Arbitration Act in 2015, including key changes relevant for disputes with an international nexus. In this regard, he discussed the recent developments in the Yukos case to illustrate the relationship and cooperation between arbitration and the judiciary in the Netherlands, particularly in relation to setting-aside procedures.
As an experienced attorney and arbitrator, participating and speaking at the ICMA was a great opportunity to share and exchange views on matters related to the maritime industry and dispute resolution – both in the Netherlands as well as internationally. Marc Padberg thanks the ICMA Committees, speakers and participants for an excellent conference, with fruitful presentations and discussions.