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Appointment of arbitrators in ad hoc proceedings

Even in proceedings that are not subject to the NAI Arbitration Rules, the NAI may be of help to the parties by taking care of the appointment of arbitrators. Appointments take place according to the NAI Rules for the appointment of an arbitral tribunal in ad hoc arbitrations.

In this case, an arbitration agreement is required as well. The parties may agree that they subject any future or existing disputes to arbitration. They lay down that the NAI appoints arbitrators, but they do not agree that, following the acceptance of the appointment, the proceedings will proceed according to the NAI Arbitration Rules. The NAI’s involvement in the proceedings ends after the appointment has been accepted. The regular NAI Arbitration Rules do not apply to the further proceedings.

The parties may agree on the number of arbitrators. If the parties did not do so, the NAI will decide.

Appointment takes place via the list procedure. From its database, the NAI selects the arbitrators who are suitable for a specific arbitration and places their names on a list, which is sent to the parties. The parties may object against the proposed arbitrators and number the remaining names in order of their preference. Based on the returned list, the NAI then appoints the arbitrator or arbitrators. If no appointment is possible based on a comparison of the returned list, the NAI will appoint directly. All arbitrators must be entirely impartial and independent. Arbitrators are selected based on the request for appointment and the response to that by the other party. The parties’ wishes will be taken into account to the extent possible. The NAI has a large database of individuals that can act as arbitrator in a variety of fields.

A request for appointment should be submitted by email to the NAI secretariat (secretariaat@nai-nl.org), unless submission by email is impossible for the applicant. Attachments must be sent along by email. The request for appointment is not tied to a particular format. However, certain data must be provided in the request and a copy must be submitted of the agreement setting out that the parties agreed appointment of the arbitrators by the NAI. The defending party may respond to the appointment request by email. The application form may be used as well.

The costs of the appointment depend on the financial interest of the claim(s) and are set out in a scale from € 600 (with an interest of less than € 100,000) to a maximum of € 12,500 (with an interest of more than € 30,000,000).

In addition, the NAI may act as Appointing Authority in arbitration proceedings held under the UNCITRAL Rules. This appointment procedure is subject to the UNCITRAL Rules. The costs of this procedure can be found in the appendix pertaining to the NAI Arbitration Rules.



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