Established as a foundation in 1949, the Netherlands Arbitration Institute (Stichting Nederlands Arbitrage Instituut; “NAI”) operates on a non-profit basis. The NAI is not a government institution and does not receive any subsidy from the government or the private sector, which allows it to perform its duties entirely independently and impartially.
The NAI aims to promote a number of different types of alternative dispute resolution: arbitration, binding advice and mediation, in particular by providing trade and industry with soundly regulated arbitral, binding advice and mediation procedures.
The NAI administers arbitration on the basis of the Arbitration Act of 2014, effective as from 1 January 2015 (Articles 1020-1076 of the Dutch Code of Civil Procedure) and the NAI Arbitration Rules 2015. Binding advice proceedings are administered on the basis of the NAI Binding Advice Rules 2015; the NAI Mediation Rules 2017 are used for mediations.
The Rules are drafted and published by the NAI. The Rules include the texts for the desired clauses, which may be included in business contracts. By including a clause in a contract, the parties agree that in the event any dispute arises, the arbitration, binding advice or mediation will be administered by the NAI according to a predefined procedure known to all parties.