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Summary Annual Report 2016 of the Netherlands Arbitration Institute

The NAI’s objective is to promote arbitration and other types of ADR in general. In 2016 we carried out this goal multiple times, with the NAI giving several well-attended arbitration courses and NAI Young Arbitration Practitioners (NAI Jong Oranje) organising equally well-attended meetings. The NAI Mediation Rules were also prepared and entered into force on 1 January 2017.

 

A trend of declining numbers is visible for most dispute-resolution entities or bodies facilitating this, such as the NAI. The same trend can be discerned at the NAI. Fortunately, however, the decline seems limited for the time being and the first six months of 2017 have shown an upward trend.

 

A total of 84 cases were commenced in 2016. This figure comprises arbitration, binding advice proceedings, mediation, acting as an appointing authority under the UNCITRAL Rules and appointments in ad hoc proceedings.

 

 

The share of international arbitrations has grown. This may be driven by the amended appointment rules, which are now more in line with international practice.

 

 

 

The number of summary arbitral proceedings rose relative to 2015 – 11% in 2016 compared to 8% in 2015.

 

 

In 2016, the percentage of cases brought and completed in the same year (31%) was roughly the same as in 2015 (29%).

 

 

Arbitration was withdrawn in eight cases during the year under review before the arbitral tribunal was appointed. Six cases were withdrawn after the appointment of arbitrators. One arbitrator was appointed in 25 cases; three arbitrators were appointed in 24 cases. This may be related to the monetary interest of the claims; more proceedings were commenced in which the claim involved a relatively high monetary interest. No appointment had been made in the other cases. Groups having a monetary interest between € 2 and € 10 million declined, by contrast. A breakdown by monetary interest in the main action is presented below.

 

 

The following diagram shows the types of agreement on which the arbitrations were based:

 

 

The 2016 NAI Annual Report will be published in Tijdschrift voor Arbitrage.