'verkapte exequatur'. Rechtbank is ondanks arbitrageclausule bevoegd op grond van artikel 431 lid 2 Rv, omdat eiseres tenuitvoerlegging in Nederland wenst.
This Contract shall be governed by and construed in accordance with the law of the People’s Republic of China. All disputes arising from or in connection with this Contract shall if possible be settled amicably through friendly negotiation. In case no settlement can be reached thereby this dispute shall be submitted for arbitration. The arbitration shall take place in the China International Economic and Trade Arbitration Commision in Shanghai, and it’s arbitral rules shall be applicable. The award shall be final and binding upon both parties. (…)
17. Effectiveness of Contract
This Contract shall come into force provided that China Export & Credit Insurance accepted the application submitted by the Seller for insurance against any failure of loss of the goods value payment under the Contract unless otherwise agreed by the Parties”.