> Reglementen, Bedingen & Wetgeving >

Recommended arbitration clause text

“All disputes arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute.”

Additionally, various matters may be provided for:

1. Number of arbitrators:
   “The arbitral tribunal shall be composed of one arbitrator/three arbitrators.”

   It should be borne in mind that, as a rule, three arbitrators will cost more than one. If the parties have not agreed the number of arbitrators, their number will be determined by the administrator (Article 12).

2. Method of appointment:
   “The arbitral tribunal shall be appointed according to the list procedure.”

   Article 13 provides for appointment of the arbitrator or arbitrators by the parties. If the parties wish to agree a different method of appointment, they must include this in the arbitration agreement. If the parties prefer the list procedure provided for in Article 14 over appointment by the parties, they must include this clause in the arbitration agreement.

3. Place of arbitration:
   “The place of arbitration shall be …………… (city).”

   If the parties have not agreed the place of arbitration, it will be determined by the arbitral tribunal (Article 21(7)). In the event of summary arbitral proceedings as referred to in Article 35(2), the place of arbitration – in the absence of agreement by the parties or determination by the arbitral tribunal on the merits – will not be determined by the arbitral tribunal in summary arbitral proceedings but by the Arbitration Rules, which designate Rotterdam as the place of arbitration (Article 35(2)).

4. Language:
   “The proceedings shall be conducted in the …………… language.”

   Article 5 provides that the proceedings will be conducted in the language agreed by the parties. In the absence of such agreement, the language will be determined by the arbitral tribunal.

5. Measure for decision-making:
   “The arbitral tribunal shall decide as amiable compositeur.”

   Article 42(1) provides that the arbitral tribunal decides in accordance with the rules of law. The arbitral tribunal will decide as amiable compositeur if the parties, by agreement, have authorised it to do so (Article 42(3)). The parties’ deviating agreement referred to can be achieved by using the aforementioned clause.

6. Consolidation:
   “Consolidation of the arbitral proceedings with other arbitral proceedings, as provided for in Article 1046 of the Dutch Code of Civil Procedure and Article 39 of the Arbitration Rules of the Netherlands Arbitration Institute, is excluded.”

   According to Article 1046 of the Dutch Code of Civil Procedure, a party may request that a third person designated to that end by the parties order consolidation of the arbitral proceedings with other arbitral proceedings pending within or outside the Netherlands if a good administration of justice renders it expedient to hear and determine them together. The law provides for the possibility of excluding such consolidation by agreement, which may be done by including the aforementioned clause. In the absence of such exclusion by agreement, any consolidation will take place in accordance with Article 39.