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Course of NAI binding advice proceedings

How does one submit a request for binding advice to the NAI?

A request for binding advice must contain certain particulars as laid down in the Rules.

The request must be submitted to the Secretariat by e-mail (secretariaat@nai-nl.org). 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 binding advice agreement must have been added to the request.

When sending the request, a copy of the binding advice agreement must be included. If this is a 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 binding advice 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 binding advice proceedings and is not a statement of claim. That statement will not come up until the binding advisor(s) has/have been appointed.

 

How do NAI binding advice proceedings work?

In short, NAI binding advice proceedings work as follows:

The administrator sends a copy of the request for binding advice 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 binding advisor(s) has been confirmed, the binding advice file is made available to the binding advisor(s). This file contains the request for binding advice and the short answer, as well as any relevant correspondence between the parties and the NAI.
In consultation with the parties, the binding advisor then determines the rules of procedure. The usual procedure is that the applicant 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 binding advisors – if there are more than one binding advisor – confer, and the binding advice is laid down in writing. Each party receives a copy of the binding advice from the NAI. 

 



Questions about the NAI

Frequently asked questions about the Netherlands Arbitration Institute

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Recommended literature

For more in depth knowledge, a list with recommended literature is available