Arbitration in the Netherlands is governed by the Netherlands Arbitration Institute. It was established in 1949, and its main purpose is to promote the resolution and settlement of disputes by arbitration, mediation and binding advice. The National Arbitration Institute offers alternatives to disputes and resolutions, offering the business community regulated proceedings of arbitration, binding advice and mediation.
At the basis of these proceedings lie the rules that are drawn up and published by the NAI. They include the text for the clauses that can be included in the business contract. Once a clause was included in the contract, the involved parties have agreed that NAI will administrate the arbitration, binding advice and mediation, using defined procedures known by the involved parties.
The arbitration ruled by NAI takes approximately nine months to complete from request to final conclusion and it substitutes proceedings before the court.
The latest amendment for the Bill for Modernizing the Arbitration Law was adopted on May 27, 2014, without discussion in the Lower Hours. The amendment will be published in the Staatsblad and will become effective starting January 1, 2015.
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How to submit a dispute to arbitrators in the Netherlands
For a submission of a dispute to arbitrators for settlement, an arbitration agreement is needed, and it can be included in an arbitration clause of a Dutch contract. It stipulates that any disputes that may appear in the future should be submitted to arbitration. NAI created a special clause for this purpose. If no arbitration was arranges and a dispute arises, then the parties can still arrange for arbitration using a Dutch arbitration agreement that is laid down in a dispute resolution agreement.
The Netherlands Arbitration Institute is an independent foundation and administers arbitration for the parties, as such; it can only perform the task if the Rules of NAI Arbitration refer to the arbitration agreement.
Due to the expertise of our lawyers in the Netherlands all clients can rest assured they will receive the best and most suitable legal advice for their businesses.
Advantages of arbitration in Netherlands
There are many advantages that arise from the inclusion of the NAI arbitration clause in an agreement, such as:
– Parties have agreed on arbitration before any dispute
– The arbitration is conducted in a way that is clear and acceptable
– The clause is allowed to be inserted in both national and international agreements
– Arbitration is done by experts arbitrators, impartial and independent
Arbitration is not used in all cases, however, for specific Family Law issues you can reach out to our divorce lawyer in Amsterdam.