Ultrabulk v Breadbox ECLI:NL:RBROT:2026:7034
Rotterdam court declines interim relief because the same insurance-disclosure request could be made in pending London arbitration.
The Rotterdam preliminary relief judge declined jurisdiction over Ultrabulk’s request for Breadbox’s insurance documents. The parties had a valid London arbitration clause, and related London arbitrations were already pending.
Under Articles 1074, 1074a and 1074d of the Dutch Code of Civil Procedure, the Dutch court could intervene only if the requested interim measure could not be obtained, or could not be obtained in time, in arbitration. Ultrabulk accepted that it could ask the London tribunal for the same disclosure order. Its concern that the tribunal would likely refuse the request on the merits did not make arbitral relief unavailable.
The court therefore declared itself without jurisdiction and ordered Ultrabulk to pay costs. The key point is that a Dutch interim court is not a fallback forum when the arbitral tribunal can timely hear the same request.