What is the course of events in an NAI arbitration?


Briefly, the course of events in an NAI arbitration is as follows:

The administrator sends a copy of the request for arbitration to the respondent, who is given 14 days in which to file a short answer. In the case of international arbitration, the respondent will be given 28 days in which to file a short answer.

The NAI will then appoint the arbitrator(s) to whom the arbitration file will be submitted, with the request and the short answer. The NAI has 14 days to appoint the arbitrator(s) and again 28 days in case of international arbitration.

Once the arbitrators have been appointed, they will be presented with the arbitration file. This file consists of the request for arbitration and the short answer as well as any relevant correspondence between the parties and the NAI.

The arbitrator will establish the rules of procedure, usually in consultation with the parties, unless the parties have already agreed on a procedure. The normal procedure is that the claimant and the respondent are first given the opportunity to submit a statement of claim and a statement of defence respectively. Under certain circumstances, this may be followed by a second exchange of memorials (memorial of reply and memorial of rejoinder).

The hearing will then take place where parties and/or counsellors can present their case in more detail. At this hearing - or at a separate hearing - witnesses, if any, may be heard.

After the hearing, the arbitral tribunal (if it consists of more than one arbitrator) will deliberate and draft the award. Through the intermediary of the NAI, each party will receive a copy of the award.