2015 was a special year for the NAI. Several new NAI Rules were introduced, for example the NAI Arbitration Rules. The secretariat was curious how, for example, the new procedure of appointment would work in practice. This procedure is based on the appointment of arbitrators by the parties and not on the appointment through the list procedure. So far, the experiences have been positive, it being noted that the appointment by the parties does take a little longer than the list procedure. Initially in 2015 the number of new cases was lower than the years before, probably due to the fact that users were not yet familiar with the new Arbitration Rules and sat on the fence for a while. However, as the year progressed they proved to have found their way to the NAI again, and with that also the NAI Arbitration Rules.
We look forward to seeing what 2016 has in store, are determined to maintain - and will strive to raise – the NAI’s renowned level of service even more, and wish everyone the very best for the new year!
On 10 December 2015 another end-of-year-meeting took place for everyone interested in NAI arbitration. Loyens & Loeff in Rotterdam was kind enough to let us use its auditorium and welcome all participants. The meeting was opened by Fredy von Hombracht-Brinkman. She summarized some features that stood out in 2015 after the implementation of the new Arbitration Rules. Nowadays, most communication is by e-mail and requests for arbitration are more often filed online through the NAI website. The Rules that are in force as of 1 January 2015 have proved their value in practice, although the new standard procedure of appointment does appear to take more time than the list procedure. Beside the standard procedure of appointment, the list procedure is used on a regular basis, mostly in cases in which one arbitrator is to be appointed.
Then, the floor was given to the speakers of the evening: Sophia von Dewall, Jeroen van Hezewijk, Juliëtte Luycks and Rogier Schellaars. Fleur Potter and Bas van Zelst acted as moderators. Positions taken on various subjects inspired debate. It was discussed, for example, whether it was advisable or not - in light of the revised Arbitration Act and the new NAI Arbitration Rules - to include a NAI arbitration clause in a contract in international cases. Another subject was whether the rules for summary arbitral proceedings have advantages – and if so, which ones – over the emergency rules that are being increasingly introduced. The participants also expressed their views. The superbly hosted meeting at Loyens & Loeff ended with drinks.
This was immediately followed by a dinner at ‘De Pappegay’ in Rotterdam. Unfortunately, only a limited number of seats was available, and some applications were placed on the waiting list. No doubt this year the good turnout of 2015 will be taken into consideration so that everyone who wishes to do so can join the dinner.
On Wednesday 16 March 2016, another one-day basic course will be held (in Dutch), 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. More information will follow shortly.
On 9 June 2016 from 12:00 – 19:00 hrs. a colloquium, organised by CEPANI and the NAI, will be held in Brussel. The subject will be “Opening the black box of conflicts of interest”. The colloquium will be in English. More information will be published shortly.
If the parties agree to deposit an award with the registry of the district court, as of 1 January 2016 the amount of the registry fee for depositing an arbitral award is € 123.
As of 1 January 2015, Article 11(4) of the NAI Arbitration Rules provides that the intended arbitrator is to sign a statement and to return it to the NAI. By means of this signed statement, the arbitrator confirms his independence and impartiality, availability and acceptance of the mandate on condition of conformation by the administrator. The signing of the statement serves as an additional safeguard that the arbitrator understands the conditions under which he/she accepts the appointment.
Along with the statement a disclosure may be sent. The arbitrator makes note of this on the form containing the statement. In case of a disclosure, the arbitrator also considers himself fully independent and impartial, and wishes to accept the appointment, but he discloses any facts or circumstances which might be of such a nature as to call into question his independence in the eyes of any of the parties or which could give rise to doubts as to his impartiality. In the interests of efficient case handling it is important that the arbitrator discloses such facts or circumstances as soon as possible. If necessary, the statement is sent to the parties before the appointment is confirmed, giving them a brief period of time to respond.
Here you will find some relevant case law (in Dutch).
This publication is for general information purposes only. No rights may be derived from its contents.
In this issue
|•||In retrospect and New Year’s greetings|
|•||Brief report of the NAI and NAI Jong Oranje end-of-year-meeting|
|•||Save the date! Basic Course – 16 March 2016|
|•||Save the date! Colloquium CEPANI – NAI – 9 June 2016|
|•||Registry Fee 2016|
|•||The statement of arbitrators|