Voorzieningenrechter onbevoegd wegens overeengekomen arbitrage

Voorzieningenrechter onbevoegd wegens overeengekomen arbitrage

The Amsterdam District Court denied jurisdiction in summary proceedings over a dispute governed by arbitration. In doing so, it added to its reputation as arbitration friendly. In this first decision in its kind, the Court decided on the relevance for the purpose of its jurisdiction of arbitration rules providing for separate emergency proceedings or merely providing for interim relief as part of the case on the merits. The Court held that it does not matter; if interim relief as part of the case on the merits is timely available in arbitration, the Court in principle has no jurisdiction.