NAI arbitration rules amended
The 2024 NAI Arbitration Rules were amended on 31 December 2024. This version contains some editorial changes from the Rules dated 1 March 2024.
Editorial changes
The editorial changes include:
- Article 8 paragraph 2 under k and Article 9 paragraph 2 under f: unclear reference: ‘the latter party’ amended to ‘the financing party’;
- Article 9(2)(d): addition of (j) in the first part of the sentence (because the respondent should respond to it);
Article 8(5) [new]: included clarification on the withdrawal of the request for arbitration; - Article 15 paragraph 2: simplified the various modes of appointment;
- Article 16 paragraph 1: the 14-day period within which the parties must jointly appoint one arbitrator fell on the day on which the short answer was sent (on which, if a short answer was not sent, that period did not begin to run); changed to the day on which the short answer must be submitted
- Article 16(2): made clear that the joint appointment by the two appointed co-arbitrators and the responsible member of the NAI Case Management Committee is based on unanimity (and adjusted the term ‘notification’ in the last sentence to appointment);
- Article 40(2): brought the text in line with the Dutch Arbitration Act and made explicit that the arbitral tribunal may require each party to provide security for the costs of the arbitration and the costs of legal assistance;
- Article 59(6): clarification that the arbitral tribunal may proceed to order the costs of legal assistance without a party expressly demanding this;
- Article A1 paragraph 1: made explicit that the Board has no insight into or influence on the outcome of individual cases. reduced the minimum number of members of the NAI Case Management Committee to two;
- Article B 2 paragraph 9: made explicit that the fixed fee for the members of the Challenge Chamber and the Secretariat of the Challenge Committee is paid per challenge.
View the 2024 NAI Arbitration Rules on our website
This version contains minor editorial changes from the 2024 NAI Arbitration Rules, dated 1 March 2024. The arbitration rules can be accessed on our website. If you have any questions, don’t hesitate to contact us at secretariaat@nai.nl.
