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NAI Newsletter July 2015

Summary Annual Report 2014 of the Netherlands Arbitration Institute

Would you like to know more about the NAI? The NAI’s Summary Annual Report for 2014 is now available and includes information about the number of arbitrations, the number of cases settled in that same year and the types of cases.

 

Order the new NAI Arbitration Rules

Sometimes it is convenient to have the NAI Arbitration Rules at hand in hard copy. You will have not only the text of the Rules at your disposal, but also the Explanation of the Rules and the text of the Dutch Arbitration Act. You may ask the NAI secretariat to send you a copy of the NAI Arbitration Rules in Dutch and/or English. Please e-mail your request to secretariaat@nai-nl.org. One copy will be sent to you free of charge, for each extra copy we charge € 8.00.

 

The arbitration clause and list procedure

A model NAI arbitration clause can be found on the NAI website and in the booklets containing the NAI Arbitration Rules. Practice has shown that this clause is frequently adopted. The amendment of the NAI Arbitration Rules as of 1 January 2015 has revealed that parties often wish to apply the list procedure to the appointment of the arbitral tribunal. If the parties have not explicitly agreed to appoint the arbitrators in accordance with the list procedure, the arbitrators will have to be appointed by the parties themselves under the 2015 Arbitration Rules. The model clause can be adjusted such that the parties immediately declare the list procedure applicable. Several supplements are mentioned below the text of the model clause; under b you will find a text which can be included if you wish to apply the list procedure to the appointment procedure.

 

Basic Course - 12 October 2015

On Monday 12 October 2015, the first one-day basic course under the new NAI Arbitration Rules will be held, during which the basics of arbitration will be explained. Everyone with a current or future practice in arbitration, lawyer, technical or financial expert or otherwise is welcome to attend. Click here to register.

 

NAI Young Arbitration Practitioners (NAI Jong Oranje)

For anyone with an interest in arbitration and who is below 40 years of age, there is a working group called NAI Young Arbitration Practitioners (NAI Jong Oranje). This working group regularly 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. Everyone is welcome, irrespective of their position. Attendance merits PO points. Are you curious now? The next meeting will be on Thursday 27 August 2015 at De Breij Evers Boon in Amsterdam, the Netherlands. More information will be placed on our website shortly.

 

Save the date! NAI and NAI Jong Oranje end-of-year meeting

At the end of this year the NAI and NAI Jong Oranje will again organise a meeting for everybody who is interested in arbitration. This year the meeting will take place on 10 December 2015 at Loyens & Loeff in Rotterdam. The speaker, subject and dinner location are a surprise for now, but will be revealed as soon as possible.

 

Global Arbitration Review Award

The Dutch legislator has won the Global Arbitration Review Award 2015 for ‘Jurisdiction that has made great progress improving its arbitration regime in the past year’. This means that the revised Dutch Arbitration Act has been noticed abroad. One of the aims of the revision of the Arbitration Act was to make the Netherlands more attractive as a place of arbitration for foreign parties.


From left to right: C.B. van der Net, P.M.M. van der Grinten, K. Redeker,
‘Directie Wetgeving en Juridische Zaken Ministerie van Veiligheid en Justitie’

 

In practice - Small claims arbitration

Parties sometimes decide not to request arbitration due to the small monetary interest of their claim. However, in some of these cases arbitration may well be a good way of dispute resolution. Recently, the NAI established the ‘small claims arbitration’ for cases with a modest monetary interest. This procedure constitutes full-fledged arbitration, with some adjustments. For example, the costs of this kind of arbitration are determined in advance, one arbitrator is appointed directly by the NAI and one round of written submissions and a hearing will follow. Besides costs, time will be saved as well.

It is up to the NAI to decide whether a procedure is suitable for this kind of arbitration. Disputes between Dutch parties which will be conducted in the Dutch language and with a monetary interest of up to € 100,000.- (incl. VAT) are, in principle, suited for the small claims arbitration route. A dispute which is complex and in which three arbitrators need to be appointed, for instance, is not suitable for small claims arbitration.

At the beginning of an arbitration the NAI proposes that the parties follow the small claims route. Before this kind of arbitration can be commenced, the parties need to sign a further agreement in which they agree to have the arbitration handled according to the small claims arbitration. As soon as the parties have agreed this, the NAI will appoint one arbitrator directly after having received the NAI administration costs and the deposit for the arbitrator’s fee and costs. Then, the arbitrator will give the parties the opportunity to present their views and will set a date for the oral hearing.

The costs of a small claims arbitration are € 750.00 for the NAI administration costs and € 4,500.00 for the deposit for the arbitrator’s fee. If a counterclaim is presented that also involves a monetary interest of less than € 100,000.00, the counterclaim can be dealt with in the same procedure and the respondent will be requested to pay the same amounts. A step-by-step explanation can be found on the NAI website.

 

This publication is for general information purposes only. No rights may be derived from its contents.