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NAI Newsletter January 2017

New Year’s greetings

2017 lies before us like an almost blank sheet of paper. A shiny white surface that will be filled with bright colours by the NAI. To begin with, new Mediation Rules have entered into force and that is not all!! We will launch more courses and provide, more tailormade service for you. We wish you – whoever and wherever you are – a sparkling and successful 2017.

 

Mediation Rules 1 January 2017 – Reduction administration costs

As of 1 January 2017 the NAI Mediation Rules have been revised. The Rules have been modernised and brought into line with the NAI Arbitration Rules. For example, a request for arbitration should now be submitted by e-mail. Just like the other NAI Rules, these Rules can be downloaded from our website, along with the accompanying appendices, including a model of a mediation agreement. As a result of the revision of the Mediation Rules, the administration costs have been reduced considerably.

 

The Pledge

On 25 October 2016 the NAI signed ‘The Pledge’, which aims to give men and women the same opportunities to act as arbitrator. Accordingly, where possible the NAI will seek to nominate women with a suitable profile for a specific case, by means of the list procedure or direct appointment. 

 

New number bank account NAI

Effective immediately, the NAI has a new bank account number with Rabobank: NL98 RABO 0311 6438 68.
We kindly request that you no longer use the account number of Deutsche Bank and that you adjust this in your payment system.

 

Registry Fee 2017

Where parties agree under the NAI Arbitration Rules 2015 to deposit an award with the registry of the district court, the amount of the registry fee for depositing an arbitral award is € 122 as of 1 January 2017. If arbitration is administrated under the NAI Arbitration Rules of 2010 (or older), an award is deposited, unless the parties agreed not to do so.

 

NAI website

The NAI website is updated regularly. On the NAI website you find new information (in Dutch) about the handling of disputes in the context of healthcare contracting. Mediation, binding advice and arbitration are discussed in this particular light. In addition, models can be consulted and downloaded and the English translation of the Binding Advice Rules of 1 January 2015 has been made available. New NAI courses will be announced shortly.

 

Addition from the field – amiable compositeur or rules of law in international proceedings

Our previous newsletter touched upon the change in respect of the applicability of the measure for decision-making. It dealt with the iscussed when which measure for decision-making should be used: amiable compositeur or rules of law. Below specific attention will be given briefly to international practice.

Article 62(3) of the NAI Arbitration Rules 1 January 2015 has been incorporated in the Rules, because, when implementing the amended Rules, it was not the intention to surprise the parties with an amendment that they could not and should not have taken into account when concluding the agreement.

Article 45 in conjunction with 1(g) of the NAI Arbitration Rules of 1 January 2010 explicitly regulate the applicable measure for decision-making in international proceedings since these Rules currently still make a distinction between national and international arbitrations on some points. Pursuant to Article 45(2) of the Arbitration Rules 2010, the arbitral tribunal in international proceedings should decide according to the rules of law, unless the parties wish that arbitrators decide as amiable compositeur.

In the Arbitration Rules of 1 January 2015 the distinction between national and international arbitrations no longer exists. Since the Arbitration Rules 2015 no longer make a distinction between national and international arbitrations and provide that the rules of law are the measure for decision-making unless the parties have agreed on amiable compositeur, overall little has changed in international proceedings.

 

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