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NAI Newsletter October 2015

New NAI Rules

Sometimes parties need help with the appointment of arbitrators or binding advisors, but do the parties not wish to have the proceedings administrated under the auspices of an institute. In those cases the new NAI Rules for the appointment of a tribunal or binding advisor in ad hoc proceedings may be a solution. On 1 October 2015 these two NAI Rules came into force. An English translation will be available shortly. The appointment is made at the request of the parties by means of the list procedure, unless the parties have agreed otherwise. The regular NAI Rules do not apply to the ad hoc arbitrations/binding advice proceedings after the acceptance of the appointment by arbitrators or binding advisors. If the parties wish for the NAI to perform its tasks during the ad hoc arbitrations/proceedings, such as process control, replacement of arbitrators, deciding on challenge and consolidation requests and determination of the arbitrators’ fees, they should consider declaring the NAI Arbitration Rules or the NAI Binding Advice Rules applicable. The appointment in ad hoc cases may prove convenient if the parties agreed to appointment of arbitrators or binding advisors by the chairman of the Chamber of Commerce or another institute that no longer performs appointment tasks.

 

The Hague Hearing Centre

The Hague presents itself internationally as the city of Peace and Justice. Arbitration is an important pillar. To reinforce this position, the municipality The Hague took the initiative to set up a hearing centre which meets all the criteria that international arbitration nowadays requires of such a facility. As many international arbitrations take place in the Netherlands under the NAI Arbitration Rules, the NAI is one of the most important discussion partners for the municipality The Hague. The NAI supports this development wholeheartedly. On 28 October next, the municipality of The Hague will inform everyone who is interested in the latest developments concerning the hearing centre during a meeting at the ICC Netherlands.

 

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 hold a meeting for all those interested in arbitration. The meeting will take place on 10 December 2015 at Loyens & Loeff in Rotterdam. The speaker, subject and dinner venue are a surprise for now, but will be revealed shortly.

 

Dutch Arbitration Day – 15 October 2015

The Dutch Arbitration Association will hold its third annual conference on Thursday 15 October 2015. More information can be found on their website, where you will also find the programme. You can also fill in this form to register immediately.

 

CEPANI Expert Classes

CEPANI organises Expert classes for practitioners to improve their knowledge and enhance their practical skills in (national and) international arbitration. You can find more information at www.cepani.be under the tab “Arbitration Academy”. CEPANI has offered the NAI one seat (free of charge) to give away. The Expert classes will take place on 27 October, 17 November and 8 December 2015 from 13:00-19:00 hrs. The participant should be available on all dates. The NAI therefore invites all NAI arbitrators to respond at their earliest convenience if they are interested in attending. Simply send an e-mail showing your interest to the NAI secretariat (secretariaat@nai-nl.org). The NAI will then decide who may attend the classes for free.

 

Fees of arbitrators in proceedings to which the NAI Arbitration Rules apply

Since 1 January 2015 the hourly rates mentioned on the NAI website apply to all arbitrators whose appointment was confirmed on 1 January 2015 or later. On the homepage you will find a reference to the costs. Decisive for the termination of the hourly rate is not the moment of the request for arbitration, but the moment of the confirmation of the appointment. Before the confirmation of the appointment, the hourly rate is agreed by the arbitrator by telephone. This hourly rate is based on the monetary interest of the claim and possible counterclaim as known at that time. Shortly after, the hourly rate will also be confirmed in writing to make sure no misunderstandings arise. The hourly rate cannot be (re-)negotiated with the NAI or the parties. The hourly rate is fixed for the rest of the proceedings, unless the monetary interest of the claim is raised or becomes clearer after the arbitration commenced before the arbitrators, or if the respondent files a counterclaim that could not be foreseen at the time the hourly rate was arranged. The monetary interest of the case on which the hourly rate is based is, after all, determined by the sum of the claim(s) and counterclaim(s). The arbitrator that acts as such in separate summary arbitral proceedings receives a higher hourly rate than the arbitrator in arbitration on the merits. The chairman receives the same hourly rate as the co-arbitrators. The hourly rates of secretaries are also published on our website. The secretary that assists the arbitrator in summary arbitral proceedings does not receive a higher hourly rate. The reasoning behind this is that the NAI always tries to give the parties insight in the costs of the arbitration as soon as possible. The administrator eventually determines the fee of the arbitrator based on the time the arbitrator spent on the proceedings multiplied by the agreed hourly rate.

 

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