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Small claims arbitration

A socially committed foundation, the NAI has a separate arbitral procedure for arbitral proceedings with smaller financial interests. This procedure is referred to as the Traject Geringere Vorderingen (Small Claims Procedure), or TGV. When a dispute has arisen and the monetary claim and monetizable claim total less than 100,000 euros, inclusive of any VAT, the parties may further agree to follow this adjusted arbitral procedure. In that event, the following conditions and rules apply.

 

A model of the Further Arbitration Agreement is available as a PDF.

 

  • TGV is only possible if all parties involved reside and/or have their registered office in the Netherlands. 
  • The language of arbitration is Dutch.
  • The place of arbitration is located in the Netherlands.
  • TGV is possible if there are more than two parties; all parties must agree to TGV.
  • The NAI Arbitration Rules are applicable throughout the procedure, insofar as they are not deviated from within the framework of the TGV arrangement.
  • The NAI Administrator will determine whether arbitration is eligible for TGV.
  • The parties must jointly inform the NAI Administrator of the fact that they have agreed to TGV within fourteen days of the confirmation of receipt of the request for arbitration.
  • The short answer must also be submitted within fourteen days after an invitation to that end. 
  • The number of arbitrators will always be one. This means that even if the parties have agreed a number of three arbitrators, they further agree that the number of arbitrators will be one.
  • The NAI Administrator directly appoints one arbitrator.
  • By agreeing to TGV and by cooperating in the appointment of the arbitrator the parties shall not forfeit the right to challenge the jurisdiction of the arbitral tribunal on the ground of non-existence of a valid arbitration agreement. 

  • If the arbitrator needs to be replaced, replacement will take place by direct appointment by the NAI Administrator.
  • The NAI Administrator may appoint a secretary at the request of the appointed arbitrator. As a rule, a secretary is only appointed if the arbitrator is not a lawyer.
  • Immediately after the confirmation of the appointment by the NAI Administrator, the parties and the arbitrator consult by telephone about the rules of procedure to be followed and set a date for the oral hearing.
  • The respondent may present a counterclaim in the same TGV proceedings, provided that this, too, involves monetary claims and monetizable claims up to an interest of 100,000. The counterclaim is to be presented with the statement of defence at the latest.
  • Written documents are exchanged once. The time-limit for presenting the statement of claim is two weeks; the same goes for presenting a statement of defence and any counterclaim and for presenting a statement of defence in the counterclaim action. It is only possible to deviate from these time-limits with the consent of all the parties. The size of the statements is laid down in further consultation between the parties and the arbitrator.
  • The arbitrator will only grant a postponement in exceptional cases.
  • An oral hearing is held, unless all parties decide not to have a hearing. The duration of the oral hearing is a half-day.
  • The oral hearing is held in Rotterdam at the NAI, unless the parties agree otherwise or the boardroom is unavailable.
  • A claim may be amended by statement of claim and/or by statement of claim in the counterclaim action. An amendment of claim resulting in the financial interest exceeding 100,000 is not possible.
  • Witnesses may be heard, provided that this fits within the half-day reserved for the oral hearing.
  • A party may not present an expert report.
  • Arbitrators may not appoint an expert.
  • No provisional relief may be requested from the arbitrator appointed. An arbitral tribunal to be separately appointed may, however, be asked to grant provisional relief.
  • The rules regarding joinder, intervention and impleader do not apply.
  • Consolidation in accordance with Article 39 is excluded.
  • The arbitrator makes an award within the shortest possible time-limit.
  • The administration costs are 750 euros. The same amount applies to private individuals. The NAI must have received the administration costs before the arbitrator is appointed. No refund is made if the arbitration is withdrawn before the file is sent to the arbitrator. A respondent who presents a counterclaim also pays the NAI 750 euros by way of administration costs. If a counterclaim is presented with the statement of defence, the NAI must have received this amount before the oral hearing commences. No refund is made if the counterclaim is withdrawn before the file is sent to the arbitrator.
  • The deposit for the arbitrator’s fee and costs is 4,500. This amount must have been credited to the NAI’s account before the arbitrator is appointed. If a counterclaim is presented, the respondent will also make a deposit of 4,500 euros. If the counterclaim is presented with the statement of defence, this amount must in any event have been credited to the NAI’s account before the oral hearing commences.
  • The arbitrator’s fee, including his costs, totals a maximum of 4,500 euros, inclusive of VAT, and in the event of a counterclaim presented a maximum of 9,000 euros, inclusive of VAT.
  • The parties may not deviate from the provisions laid down in the TGV. The parties may, however, further agree that the arbitration that started as TGV proceedings will be administered as ordinary proceedings under the NAI Arbitration Rules. The arbitrator appointed in TGV proceedings remains the arbitrator in the ordinary NAI proceedings. Additional administration costs are due to the NAI for such a transition, and payment of an additional deposit will be requested.
  • The NAI Administrator may deviate from the provisions of the TGV scheme in very urgent cases only. 


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