Legal Question in Credit and Debt Law in Netherlands

Indian Court order execution at Netherlands

Dear members,

How to execute an 'ex-parte' orders obtained in an Indian Court against a Company organised at 'Netherlands'? In Indian Civil Procedure Code, there is a provision for implementing a 'Foreign Award'. I am eager to know about the provisions at Netherlands. Thanks.


Asked on 2/03/09, 3:00 am

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Indian Court order execution at Netherlands

Hello.

I would advise you to engage a lawyer in Netherlands to seek appropriate relief.

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Answered on 2/06/09, 1:08 am


SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: Indian Court order execution at Netherlands

India has entered into bilateral investment treaties with a number of countries including Australia, France, Japan, Korea, UK, Germany, Russian Federation, The Netherlands, Malaysia, Denmark, OPIC of US. Each agreement makes provision for settlement of disputes between an investor of one contracting party and an investor of the other contracting party through negotiation, conciliation and arbitration.

“The foreign award is already stamped as a decree”. The party holding a foreign award can straightaway apply for the enforcement of the same and while enforcing the award, the Court has to proceed in accordance with Sections 47-49 of the Arbitration Act. Once the Court decides that the foreign award is enforceable, it can proceed to execute the same. A foreign award can be executed in India by filing an Execution Application after a foreign arbitration award is held to be enforceable by an Indian Court of competent jurisdiction. In view of the apex court in the above case, a foreign award is deemed and does not become a decree after decision of the court as regards its enforceability.

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Answered on 2/04/09, 11:43 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Indian Court order execution at Netherlands

for that you need to seek help of indian embassy/consulate at Netherlands. you may also seek directions for execution through embassy.

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Answered on 2/03/09, 5:00 am
Jan van Gilse Blenheim attorneys

Re: Indian Court order execution at Netherlands

Dear Sir/Madam,

Thank you very much for your e-mail message to our firm. In reply to your enquiries regarding the execution of a foreign (non-EU) judgement in The Netherlands, we inform you as follows. A non-EU judgement, given by a court in a country that is not party to any convention regarding the execution of judgements, cannot be converted into a Dutch judgement and cannot be executed in The Netherlands. The Dutch court will fully test all contents of such a judgement. The Dutch court will also examine the manner in which the defendant has been summoned to appear in court. In case the Indian judgement has awarded any punitive damages to the claimant, the judgement as a whole will be useless. That means legal proceedings must be done all over again before a Dutch court of law. However, if the judgement does not contain any punitive damages, meets all standards of due process, and the summons (with translation) has been properly served, chances are the court will render judgement in accordance with the Indian judgement, which will in fact have the same results as a conversion of the Indian judgement. To be able to give you an opinion about the possibilities, we would have to see the judgement. The information you provided us with is not sufficient to give you an accurate estimate of the costs. Is it possible for you to send us a copy of the judgement (in English)? Following is an impression of the costs. Court fees: 2.2% of the claimed sum; serving a writ or a judgement approx. EUR 150.--; translation fees EUR 0.15 to EUR 0.20 per word (excl. 19% VAT); lawyer's fees charged by us start at approx. EUR 2,000.-- (excl. 19% VAT – if any – and 7.5% office costs). Please note that Dutch law provides only in partial compensation of the actual sum of lawyer's fees spent by the winning party. Dutch bar regulations do not allow Dutch lawyers to charge their fees on a contingency basis ("no cure, no pay") or on a percentage basis. We charge an hourly tariff, varying from EUR 125.-- for paralegals to EUR 300.-- for senior partners (to which 19% VAT – if any – and 7.5% office costs will be added), on basis of the time spent. It is our firm's strict policy to ask for a retainer fee. All our services are subject (exclusively) to our general terms and conditions, which contain a limitation of our liability. These can be downloaded from http://www.blenheim.nl/terms.html.

With kind regards, Blenheim, Jan van Gilse (mail: [email protected], phone: +31.20.5210100)

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Answered on 2/10/09, 4:40 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Indian Court order execution at Netherlands

You may want to engage a counsel in the concerned foreign country for appropriate relief.

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Answered on 2/03/09, 6:50 am

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