Netherlands Arbitration Institute

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[edit] General Information

  • Official name: Netherlands Arbitration Institute
  • Country: Netherlands
  • City: Rotterdam
  • Type of organization: non-profit foundation
  • Date of creation: 1949
  • Interests: Arbitration - Mediation
  • Fields of expertise: All types of disputes

[edit] Description

Established in 1949 as an independent foundation, the Netherlands Arbitration Institute aims to promote the resolution and settlement of disputes by means of arbitration, binding advice and mediation.

[edit] Purpose

The purpose of the Netherlands Arbitration Institute foundation is to promote a number of different forms of Alternative Dispute Resolution and settlement: arbitration, binding advice and mediation. This is achieved in particular by offering the business community well-regulated proceedings of arbitration, binding advice and mediation.

The Rules drawn up and published by the NAI form the basis of these proceedings. These Rules include the texts for the desired clauses, which can be included in business contracts. By including a clause in a contract, the parties agree that in the event any disagreement arises, the arbitration, binding advice or mediation will be administered by the NAI according to a predefined procedure known to all parties.

[edit] Structure

The Netherlands Arbitration Institute is an independent foundation. Its Governing Board consists of representatives from the business community and the legal profession, as well as members of the judiciary, all of whom have extensive experience in the fields of arbitration, binding advice and mediation. The Governing Board also includes representatives from the Dutch Central Chamber of Commerce in The Hague, the Dutch Organisation of the International Chamber of Commerce and Accountancy.

The NAI secretariat, with its registered office in Rotterdam, the Netherlands, administers arbitration, binding advice proceedings and mediation.

[edit] Background

The Netherlands Arbitration Institute was established as a non-profit foundation in 1949. The NAI is not a government institution and does not receive any subsidy from the government or the private sector. In this way, the NAI is able to perform its duties entirely independently and impartially.

The NAI administers arbitration pursuant to the 1986 Arbitration Act (Section 1020-1076 of the Dutch Code of Civil Procedure) and the 2010 NAI Arbitration Rules. Binding advice proceedings are also administered pursuant to the same Rules, while mediation is administered pursuant to the 2009 NAI Mediation Rules.

[edit] Arbitration

Arbitration is the administration of justice by arbitrators. The Netherlands Arbitration Institute offers fast, effective arbitral proceedings. The average NAI arbitration takes approximately nine months from request to final award. Awards are binding on all parties. Arbitration substitutes proceedings before the court.

[edit] Advantages

The key advantages ensuing from inclusion of the NAI arbitration clause in an agreement are as follows:

  • Arbitration has already been agreed before any dispute has arisen.
  • Arbitration is conducted in a way that is clear and acceptable to all parties.
  • The parties can reach agreements among themselves regarding the language of the arbitration, the number of arbitrators, the composition of the arbitral tribunal and the periods involved.
  • The clause can be included both in national and international agreements.
  • Arbitration is conducted by expert, fully impartial and independent arbitrators.
  • The administration of arbitral proceedings is handled by a solid and professional institute with over six decades’ experience.
  • The institute is impartial, independent and non-profit.
  • Arbitration is conducted on a confidential basis and is not public.
  • All arbitration is customized. The parties are given ample time to present their points of view, also at a hearing.
  • Judgment is often rendered more quickly than in proceedings before the court.
  • From an international perspective, an arbitral award is easier to enforce than a court judgment.
  • Parties often go on doing business with each other even while arbitration is taking place.

[edit] Features

International arbitral proceedings under the NAI Arbitration Rules are arbitral proceedings between parties whereby at least one of the parties resides or has its registered office outside the Netherlands. Companies that do business with foreign companies can include an arbitration clause in their contracts, which, in addition to the standard formulation, contains arrangements that are important from an international perspective. The NAI Arbitration Rules also contain some special provisions tailored to international arbitral proceedings, including provisions regarding the nationality of arbitrators.

[edit] Mediation

Mediation is a form of alternative dispute resolution whereby parties voluntarily endeavour to resolve their dispute with the help of a third party, i.e. a mediator. The parties’ willingness to reach a compromise is paramount to the success of the mediation. If parties do not reach a compromise, the dispute can still be resolved in proceedings before arbitrator(s) or in court.

The Netherlands Arbitration Institute has had new NAI Mediation Rules in place as per 1 March 2009.

[edit] Advantages

The key advantages generated by inclusion of the NAI mediation clause in an agreement are as follows:

  • Mediation has already been agreed before any dispute has arisen.
  • The clause can be included both in national and international agreements.
  • Mediation is conducted on a confidential basis and is not public.
  • Ideally, the parties select the mediator jointly.
  • The NAI can also propose an experienced and expert mediator.
  • The administration of the mediation is handled by a solid and professional institute with over six decades’ experience in the field of alternative dispute resolution.
  • The NAI is a non-profit foundation.
  • The NAI arbitration clause can be included after the NAI mediation clause. If the parties do not reach a settlement, the dispute can still be settled by arbitration at the same institute.
  • Mediation is both time-saving and cost-saving.

[edit] Contact

P.O. Box 21075 3001 AB Rotterdam - The Netherlands

Tel.: +31-10-281 6969

Fax: +31-10-281 6968


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