The parties are first given the opportunity to appoint arbitrators themselves. If one arbitrator must be appointed, the parties appoint that arbitrator together. If three arbitrators must be appointed, each of the parties appoints one arbitrator. The arbitrators appointed by the parties jointly appoint the third arbitrator, who is chair of the arbitral tribunal. If the parties make no appointment, the arbitrators are appointed on the basis of the “list procedure”. The Netherlands Arbitration Institute draws up a list with names of possible arbitrators. This list is sent to the party or parties that failed to appoint an arbitrator in good time. The parties may object against the appointment of the proposed arbitrators and number the remaining names in order of their preference. Based on the returned lists, the NAI then appoints the arbitrator or arbitrators. If no appointment is possible based on a comparison of the returned lists, the NAI will appoint directly. All arbitrators, including the arbitrators appointed by the parties themselves, must be fully independent and impartial.
The NAI selects arbitrators for a certain case based on the request for arbitration and the short answer. It will take account of the wishes of all parties, if possible.
The parties may also agree another manner of appointment, e.g. immediate appointment of arbitrators via the list procedure.
Frequently asked questions about the Netherlands Arbitration Institute
For more in depth knowledge, a list with recommended literature is available