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NAI Newsletter - April 2013  
1. Bill for modernizing the Arbitration Law

The Bill for modernizing the Arbitration Law has been sent to the Tweede Kamer (Lower House) on 16 April 2013. Here you can find the text of the Bill as well as the Explanatory Memorandum.

2. Seminar 5 April 2013: The NAI summary arbitral proceedings

On April 5, 2013 the seminar “The NAI Summary Arbitral Proceedings, 15 years of experience” was held at the Koninklijke Amsterdamsche Roei- en Zeilvereeniging “De Hoop” in Amsterdam. Mrs. F.D. von Hombracht-Brinkman, Mrs. M. Verhoeven-de Vries Lentsch, Mr. B.C. Punt en Mr. R. Schellaars discussed the topic of arbitral summary proceedings.
A report of the seminar can be found on the NAI-website.
Mrs. Verhoeven-de Vries Lentsch and Mr. Schellaars held an independent study at the NAI of Summary Arbitral Proceedings. The results of this study can be viewed on the website of the NAI via the following link.

impressions April 5

3. Full court

In episode 6 of the Nederlands Juristenblad, p. 356 ff, E. Bauw, F. Van Dijk and J. Sonnemans wrote about the value of handling lawsuits in full court, 'De waarde van meervoud'. The article is about litigation before the public court with multiple judges. One of the conclusions is that when dealing with difficult cases the quality of the decision is often greater if handled by a full court. The added value for simple cases is that fewer mistakes are made.
Arbitrations are also ideally suited for dealing with multiple arbitrators. Parties can choose the number of arbitrators. Parties can also make known their preference for the specialization of the arbitrators. In making these decisions they look at the scope and the complexity of the dispute. In certain disputes it may be necessary to provide a variety of professional skills within the arbitral tribunal. For example an arbitral tribunal that consists of a lawyer, an accountant and a technician. By choosing this kind of tribunal, all aspects of the dispute are examined and reviewed by people who have a specific knowledge of the particular problem. An advantage is that there is no need to appoint an expert, as often is the case in public law. This is beneficial for the speed of the procedure.
Finally, arbitrators always deliberate. The decision-making in the arbitrations is not just a matter of decisive action. Especially in cases that involve complex litigation, the matter can be dealt with relatively fast in one instance, with various cost reductions as a result.

4. CEPANI Arbitration Rules and Mediation Rules

As of 1 January 2013 CEPANI, the Belgian Centre for Arbitration and Mediation uses new Arbitration Rules and Mediation Rules. These rules can be downloaded at
www.cepani.be.

5. Courses NAI

Course "Decision making and writing awards for arbitrators"
On 30 May 2013 and 28 June 2013 a two day course will be held on "Decision making and writing awards for arbitrators". The course will be taught by Mr. J.J. Udo de Haes and Mr. J.J. Roos. As you may guess from the name, the course will focus on the formation of a decision and conceptualizing of an award. A homework assignment is part of this course. The assignment will be discussed on the second day of the course. Participants are assumed to have basic thorough knowledge of the present arbitration law. The course will be in the Dutch language. The costs are € 850.- (excl. VAT). Registration is possible through the following
registration form.

Secretary Course
On 7 October 2013, the Secretary Course will take place. Mrs. M.P.J. Smakman, Mrs. M. van Hooijdonk and Mrs. F.D. von Hombracht-Brinkman will discuss the do’s and dont’s of the role of secretary. They will discuss what the duties of the secretary are and how these tasks can best be implemented. This course is open to lawyers who already act as secretary, but also for those who would like to in the future. The course will be in the Dutch language. The costs are € 200.- (excl. VAT). Registration is possible through the following
registration form.

6. NAI Pre-moot

On 6 February past, teams from the Erasmus University, University in Leiden, University in Maastricht and the University of Amsterdam, in preparation for the Willem C. Vis Moot, an international arbitration law moot court, competed against one another in the meeting rooms of the NAI. Mr. J.W. Bitter, Dr. M. Brink, Mr. L.R. Kiers, Mr. D. Knottenbelt, Mr. B.P.H. Leijnse, Mr. W.A.J. van Lierop and Mrs. D.A.M.H.W. Strik acted as arbitrators during the plea sessions. They gave the students lots of useful advice. Afterwards both the arbitrators and students took their time enjoying drinks.

impressions February 6

7. In practice

In order to appoint arbitrators, the NAI uses the so-called list procedure (Article 14 NAI Arbitration Rules). This means that (counsel of) parties are sent a list with a number of names, sometimes divided into groups. Parties can strikethrough the names of people per group of whom they object appointment. The remaining names can be numbered in order of preference. These 'edited' lists should be returned to the NAI so that the Administrator can proceed to appoint.
In reality the parties do not always return these lists. Often they only write a letter in which they indicate their preference for certain arbitrators. In many cases, it is not clear for the Administrator whether the remaining names that were on the list should be considered as stricken, or may still be eligible for appointment. The Secretariat will then contact the party, or their counsel, to inquire what is meant.
In order to avoid unnecessary loss of time, the NAI recommends returning the edited list. If questions arise when filling in the list, then these can of course be submitted to the Secretariat. This can save time.
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