A Guide to the NAI Arbitration Rules: Including a Commentary on Dutch Arbitration Law

Front Cover
Kluwer Law International, 2009 - Law - 350 pages
0 Reviews

The Netherlands Arbitration Institute (NAI) is the most prestigious institute in the Netherlands for the arbitration of commercial disputes. While NAI arbitration is the dispute resolution mechanism of choice of many Dutch corporations and public entities, it is increasingly agreed on by foreign parties selecting the Netherlands as a neutral venue for their potential disputes. This excellent volume, a rule-by-rule guide to the NAI Arbitration Rules, is not only the first such handbook in English, but the most comprehensive and detailed in any language. In addition, it provides a unique commentary in English on important elements of Dutch arbitration law.

Drawing on case law from arbitral tribunals and state courts and on extensive personal experience, members of the arbitration team of the Dutch law firm De Brauw Blackstone Westbroek N.V. provide in-depth commentary on each provision of the NAI Arbitration Rules and on arbitration-related court proceedings in the Netherlands under the Dutch Arbitration Act. Focusing on disputes arising from (among others) share purchase agreements, joint venture agreements, licence agreements, franchise agreements, finance agreements, contractor agreements, distribution agreements, and agreements for the sale of goods, the analysis covers such crucial factors of the NAI system as the following:

  • the use of the list procedure for the appointment of arbitrators;
  • the central role of the Administrator;
  • the Dutch concept of binding advice;
  • contractual relationships and exclusion of liability;
  • the separability of the arbitration agreement;
  • freedom in determining and applying rules of evidence;
  • the mechanisms for parties to seek relief in summary arbitration proceedings;
  • costs of arbitration; and
  • the arbitral award, including the possibility of rectifying, supplementing and setting aside this award.

The provision-by-provision analysis also compares the NAI Rules with both relevant proceedings in the Dutch state courts and, inter alia, ICC and UNCITRAL Arbitration Rules and to practice under such other rules.

The authors of this matchless book have faced many questions on the NAI Arbitration Rules, advised on the interpretation and correct application of those Rules, and defended such interpretation before tribunals and courts. In this book they share their experience, insights, and expertise. Counsel for corporate clients and public entities contemplating arbitration proceedings and– as well as counsel to parties in NAI proceedings or related court proceedings and– will find here an incomparable guide to the NAI system and Dutch arbitration law.

 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

PART I
3
Arbitration in the Netherlands
17
Impartiality and Independence of Arbitrators
82
Procedure Articles 2042
113
Place of Arbitration
119
Exchange of Memorials
127
Hearing
136
Witnesses
147
Award Articles 4355
217
44
218
50
229
57
241
67
259
PART III
272
Revocation
297
Recognition and Enforcement
303

Site Inspection
155
11
174
15
183
Section 4A Summary Arbitral Proceedings Articles 42a42o
189
ANNEX
315
73
341
Copyright

Common terms and phrases

Bibliographic information