On 13 July 2023, the District Court of Amsterdam ruled in the case of ADS Securities, a foreign legal entity headquartered in the United Arab Emirates, against Tennor Holding, a private company based in the Netherlands.
THE CASE
In this case, ADS sought permission for enforcement in the Netherlands of a judgement handed down by the High Court of England and Wales on 2 December 2022.
CHOICE OF COURT
The original proceedings between ADS and Tennor were conducted before the English court, based on an exclusive choice of court in an agreement both parties had entered into on 21 June 2021.
HAGUE CHOICE OF COURT CONVENTION
The United Kingdom acceded to the Hague Choice of Court Convention, which came into force on 1 January 2021. ADS and Tennor entered into their agreement, with an exclusive choice of court clause for the English court, after this convention came into force. This makes the Hague Choice of Court Convention applicable. Under Dutch law and the Hague Choice of Court Convention, the District Court of Amsterdam is not allowed to re-examine the case and thus cannot conduct any further investigation into the correctness of the (substantive) judgement of the High Court of England and Wales.
JUDGEMENT OF THE COURT
Based on the above grounds, and the fact that ADS had submitted an authentic copy of the agreement and a certified copy of the judgement, the court saw no reason to refuse recognition and enforcement of the judgement in the Netherlands. The District Court of Amsterdam therefore grants leave for the enforcement of the English judgement. This ruling emphasises the importance of international agreements like the Hague Choice of Court Convention, and how these conventions can affect the jurisdiction and decisions of national courts in cases with international aspects.
