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Recommended NAI-NCC Arbitration Clause text

 

“All disputes arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (NAI). The place of arbitration shall be Amsterdam (the Netherlands). The proceedings shall be conducted in English.

Any court proceedings in the Netherlands before, during or after the arbitration will – to the extent allowed by law - exclusively be dealt with by the Amsterdam District Court or the Amsterdam Court of Appeal, whichever has jurisdiction, following proceedings in English before the Chambers for International Commercial Matters (Netherlands Commercial Court, which consists of the NCC District Court, the NCC Court in Summary Proceedings and the NCC Court of Appeal). The NCC Rules of Procedure (see www.ncc.gov.nl) apply to these proceedings. This clause is not intended to exclude Supreme Court appeal.”

 

Practical guidance

  • The ‘place of arbitration’ is Amsterdam. The ‘place of arbitration’ is merely a legal concept: the hearings may take place anywhere in the world.
  • The Amsterdam courts have jurisdiction and the parties expressly agree for the proceedings to be in English before the NCC District Court, NCC Court in Summary Proceedings and the NCC Court of Appeal.
  • A clause to this effect may be included in general terms and conditions, provided there is express acceptance of this clause in the agreement itself or in any other document produced by the parties.

The phrase “to the extent allowed by law” refers to the legal requirements for NCC jurisdiction: a) jurisdiction of the Amsterdam courts and b) the action concerns an international civil or commercial matter within the autonomy of the parties. See the NCC website (www.ncc.gov.nl, Section “Docs”) for more information on which ancillary matters the NCC can and cannot deal with.

 

The Netherlands Arbitration Institute

The Netherlands Arbitration Institute (NAI) is a leading organisation for commercial dispute resolution. Based in the Netherlands and established as a foundation in 1949, it has an acknowledged reputation for qualitative and cost-efficient case administration. It provides innovative, tailored and flexible services with respect to the administration of arbitrations and other ADR proceedings, irrespective of the location and applicable law. The Secretariat of the NAI consists of a highly experienced staff who have administered thousands of international and domestic arbitrations and mediations. The NAI operates on a non-profit basis and performs its duties fully independently and impartially.

 

The NCC District Court/NCC Court of Appeal

The Netherlands Commercial Court (consisting of the NCC District Court, the NCC Court in Summary Proceedings and the NCC Court of Appeal) is a part of the Dutch Judiciary, which is ranked among the most efficient, reliable and transparent worldwide. It is based in Amsterdam, which is a prime location for business and a gateway to Europe, with a long history of justice and global business. The NCC uses Dutch procedure, which is highly regarded for its pragmatic approach and efficient operation, yet proceedings are conducted in the English language and the judgments are in English too. The NCC has the tools to communicate effectively and provide swift and firm guidance in complex litigation.

 

Responding to users’ needs

The NAI and the NCC see added value in joining forces in order to be more responsive to the users’ needs in international arbitrations. As just one example of how this collaboration empowers parties to make their proceedings more cost-efficient and expeditious, the parties, once an award has been rendered, may file a setting-aside claim , if any, with the NCC Court of Appeal in English. Such legal actions no longer need to be dealt with in Dutch, saving the parties time and costs. 

 

The Netherlands, with its long history in arbitration as a dispute resolution tool at both national and international levels, and a legislature and judiciary that are highly supportive of the use of ADR, can offer the best of both worlds: qualitative and cost-efficient arbitration in English with top-tier arbitrators and a highly experienced NAI Secretariat, and an English-language court for any post-award – and sometimes even pre-award – court litigation. This will make proceedings quicker and more cost-efficient.

 

Contact

Should you have any questions, please contact the NAI at secretariaat@nai-org.nl.



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