The Dutch version of the NAI Arbitration Rules was already available online and in hard copy. The English version is likewise available now. If you wish to receive a booklet, please inform us through our website. In this booklet and on our website the translation of Book Four of the Dutch Code of Civil Procedure can be found, as well as the Rules and Explanation. The NAI provided this translation.
Besides arbitration the NAI also administers binding advice procedures. Until recently these were administered on the basis of the NAI Arbitration Rules of 1 January 2010, in which Article 3 linked these Rules to binding advice. It was decided to make separate rules for binding advice procedures. The NAI Binding Advice Rules can now be downloaded on our website in Dutch and will also be made available in a booklet in the future. An English translation will be published in the near future as well.
In Articles 3 and 7 of the new Arbitration Rules you can read how an arbitration is to be commenced. The request must be submitted by e-mail unless submission by e-mail is impossible for the requesting party. If the party is represented by an attorney, we assume that the attorney will be able to communicate by e-mail. It is no longer necessary to send original copies of the request to the NAI. Communication with the arbitrators will be by e-mail as well, but the arbitral tribunal may decide that parties need to send their documents in another form, for example in hard copy. The request is not tied to a particular format. Parties may use the arbitration request form, which can be found on the NAI website www.nai-nl.org/en, or use this form as a guideline when drafting the request for arbitration. Since January 1st, arbitration may also be requested online. The website (homepage: File your request for arbitration here) specifies the steps to be followed. Attachments with a maximum size of 25 MB can be sent along. Article 7(2) defines which requirements the request must meet. Under the new Rules, the following points are of particular importance (1) the e-mail address at which the claimant may be reached for the duration of the arbitration proceedings (2) the correct e-mail address of the respondent and (3) the details (e-mail address!) of the arbitrator appointed by claimant or jointly by the parties. If any of these data should be missing, this immediately causes a delay in the procedure. All details of the claimant need to be mentioned in the request. Choosing domicile at the office of an attorney at law and mentioning the address details of that attorney will not suffice. If it is known who represents the respondent during the arbitration it is advisable to indicate this in the request. Furthermore we recommend sending a copy of the whole arbitration agreement. When doing so, please check whether the parties named in the contract are the same as the claimant(s) and respondent(s) in the arbitration. If amendments have been made, please state the reasons for the amendments in the request. The administrator will confirm receipt of the request for arbitration to the claimant. Since the confirmation of the request is not sent by regular mail anymore, a booklet of the NAI Arbitration Rules will not be enclosed. We will refer to the NAI website for the Rules. Every party who would like to receive a booklet may inform us through our website or send an e-mail to the NAI Secretariat. Please let us know in which language you would like to receive the booklet and where the booklet is to be delivered. The NAI will take care of it immediately.
The end of the arbitration is also characterised by a number of changes. Arbitrators should be aware that they should, if necessary, request an additional deposit within fourteen days after the last hearing, or, in the absence of a hearing, within fourteen days after receiving the last permitted statement. You will find this new rule in article 55(4). A sensible approach for them to do is to check, immediately after the hearing or after receipt of the abovementioned statement, whether there is enough money in deposit and if not, to contact the NAI Secretariat so that the NAI has reasonable opportunity to ask for the additional deposit within those 14 days. It is NOT possible to extend this period. A cost submission of the parties is not a statement within the meaning of this article.
Furthermore, the parties should note that, in principle, an arbitral award will not be deposited with the registry of the district court anymore. Parties additionally need to agree that arbitral awards will be deposited and inform the NAI Secretariat thereof before the award is rendered so that the costs for depositing the awards can be taken into account in the award.
Finally: The award will be rendered in fourfold, regardless of the number of parties. The NAI receives all four copies from the arbitrators. The NAI will keep these copies in its archive and may, for example, deposit a copy or provide a copy to parties when they need to execute the award abroad. The parties receive a photocopy of the award, certified by an arbitrator or by the administrator, from the NAI Secretariat.
On 9 March 2015 and 23 March 2015, new rush hour courses will be held, during which the new Arbitration Rules will be explained. There are a few places left for the course of 23 March. Click here for more information.
For anyone with an interest in arbitration and who is under 40 years old, there is a working group NAI Young Arbitration Practitioners (NAI Jong Oranje). This working group organises meetings about various topics related to arbitration and other ADR methods. Meetings are freely accessible to all and so is registration on the mailing list. Anyone is welcome, irrespective of your function. Attendance merits PO points. Are you curious yet? The next meeting will be on 19 March 2015 at Cleber in Amsterdam, the Netherlands. Professor E.G.C. Rassin (Erasmus University Rotterdam) will speak on the psychological aspects of decision-making by arbitrators. More information can be found here.
We have the pleasure to inform you that the Netherlands Arbitration Institute (NAI) has been nominated for the GAR Regional Arbitration Award for up-and-coming regional arbitral institution of the year!
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