Einde inhoudsopgave
Treaty of Friendship, Commerce and Navigation between the Kingdom of the Netherlands and the United States of America
Article V
Geldend
Geldend vanaf 05-12-1957
- Bronpublicatie:
27-03-1956, Trb. 1956, 40 (uitgifte: 13-04-1956, kamerstukken/regelingnummer: -)
- Inwerkingtreding
05-12-1957
- Bronpublicatie inwerkingtreding:
04-12-1957, Trb. 1957, 234 (uitgifte: 01-01-1957, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Verdragenrecht
Internationaal privaatrecht / Algemeen
1.
Nationals and companies of either Party shall be accorded national treatment with respect to access to the courts of justice and to administrative tribunals and agencies within the territories of the other Party, in all degrees of jurisdiction, both in pursuit and in defense of their rights. It is understood that companies of either Party not engaged in activities within the territories of the other Party shall enjoy such access therein without any requirement of registration or domestication.
2
(a)
Contracts entered into between nationals or companies of either Party and nationals or companies of the other Party, that provide for the settlement by arbitration of controversies, shall not be deemed unenforceable within the territories of such other Party merely on the grounds that the place designated for the arbitration proceedings is outside such territories or that the nationality of one or more of the arbitrators is not that of such other Party.
(b)
In conformity with subparagraphs (1) and (2) hereof, awards duly rendered pursuant to any such contracts, which are final and enforceable under the laws of the place where rendered, shall be deemed conclusive in enforcement proceedings brought before the courts of competent jurisdiction of either Party.
- (1)
As regards recognition and enforcement in the United States of America, such awards shall be entitled in any court in any State thereof only to the same measure of recognition and enforcement as awards rendered in other States thereof.
- (2)
As regards enforcement in the Kingdom of the Netherlands, such awards shall be dealt with in the same way as awards as referred to in the Convention on the execution of foreign arbitral awards concluded at Geneva on September 26, 1927.