A request for arbitration must contain certain particulars as laid down in the Rules.
The request must be submitted to the Secretariat by e-mail (email@example.com). Attachments must be sent along by e-mail. The request may be brief and it is not tied to a particular format. However, certain particulars must be mentioned in the request and a copy of the arbitration agreement must have been added to the request. The arbitration may also be requested directly here. Finally, you can download an arbitration request form here; however, parties are not required to use this form.
When sending the request, a copy of the arbitration agreement must be included. If this is an arbitration clause in an extensive contract, it is sufficient to submit the page on which the names of the parties appear, the page containing the text of the arbitration clause and the page on which the contract is dated and signed.
The request is not tied to a particular format and may be brief. It serves as an introduction to the arbitral proceedings and is not a statement of claim. That statement will not come up until the arbitrator(s) has/have been appointed.
In short, NAI arbitration works as follows:
The administrator sends a copy of the request for arbitration to the respondent, who has the opportunity to submit a short answer within 14 days. Then the appointment procedure takes place.
After the appointment of the arbitrator(s) has been confirmed, the arbitration file is made available to the arbitrator(s). This file contains the request for arbitration and the short answer, as well as any relevant correspondence between the parties and the NAI.
In consultation with the parties, the arbitrator then determines the rules of procedure. The usual procedure is that the claimant and respondent are first given the opportunity to present a statement of claim and a statement of defence, respectively. Under certain circumstances, this may be followed by a second exchange of statements (a statement of reply and a rejoinder).
Then the oral hearing takes place, in which all parties and/or their attorneys can further argue their positions. Any witnesses can also be heard during this oral hearing or at a separate session.
After the oral hearing, the arbitral tribunal – if it consists of more than one arbitrator – confers, and the award is laid down in writing. Each party receives a copy of the award from the NAI.
Frequently asked questions about the Netherlands Arbitration Institute
For more in depth knowledge, a list with recommended literature is available