Even in proceedings that are not subject to the NAI Binding Advice Rules, the NAI may be of help to the parties by taking care of the appointment of binding advisors. Appointments take place according to the NAI Rules for the appointment of a binding advisor in ad hoc proceedings.
In this case, a binding advice agreement is required as well. The parties may agree to submit any uncertainty or dispute to binding advice. They lay down that the NAI appoints binding advisors, but they do not agree that, following the acceptance of the appointment, the proceedings will proceed according to the NAI Binding Advice Rules. The NAI’s involvement in the proceedings ends after the appointment has been accepted.
The parties may agree the number of binding advisors. 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 binding advisors who are suitable for specific binding advice proceedings and places their names on a list, which is sent to the parties. The parties may object against the proposed binding advisors and number the remaining names in order of their preference. Based on the returned list, the NAI then appoints the binding advisor or binding advisors. If no appointment is possible based on a comparison of the returned list, the NAI will appoint directly. All binding advisors must be entirely impartial and independent. Binding advisors 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 binding advisors in a variety of fields.
A request for appointment should be submitted by e-mail to the NAI secretariat (email@example.com), unless submission by email is impossible for the applicant. Attachments must be sent along by e-mail. The request for appointment is not tied to a particular format. However, certain information must be provided in the request and a copy must be submitted of the agreement setting out that the parties agreed appointment of the binding advisors by the NAI. The other party may respond to the request for appointment 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).