 | Arbitration requires an agreement. Such an agreement may consist of a clause in an agreement stipulating that any future disputes will be submitted to arbitration (the arbitration clause). For existing disputes, an arbitration agreement is concluded in the form of a submission agreement. Arbitration in accordance with the NAI Arbitration Rules (Rules) also requires that the parties have agreed the applicability of these Rules. |
 | Arbitration is commenced by submitting a request to the NAI. A request must contain certain particulars. Claimant owes NAI administraton costs based on the monetary interest of the claims. Respondent will have 14 days to submit a short answer in response. The short answer must contain certain particulars. Respondent may present a counterclaim. If the parties have not agreed on the number of arbitrators, the NAI will set the number at 1 or 3. The arbitrators are in principle appointed by the parties. In the alternative the arbitrators may be appointed through a list procedure or directly by the NAI. In all cases, an arbitrator is impartial and independent. |
 | Unless the parties have made other arrangements, the arbitrators determine the procedural order in consultation with the parties. A party presenting a claim must pay a deposit to the NAI for the fees and other costs of the arbitrators. The statement of claim shall, insofar as possible, be accompanied by the documents relied upon. The statement of defense shall, insofar as possible, be accompanied by the documents relied upon. |
 | Then a (virtual) hearing is held, in which the parties and/or their counsel may each further set out their arguments. Any witnesses or experts may also be heard at this hearing. The parties may be allowed to make costs submissions (including a response to the costs submitted by the other party) to allow the arbitrator(s) to order the unsuccesful party to pay the other party reasonable compenstation of legal assistance and other costs made in relation to the arbitration. After review of a draft award on formal requirements by the NAI, the award is signed by the arbitrator(s) and send to the parties. If neccesary, a party may request rectification of the award or an additional award. The vast majority of NAI arbitral awards are complied with voluntarily. However, arbitral awards are enforceable throughout the world through the New York Convention (with 172 contracting states). For enforceing arbitral awards made in the Netherlands, a fast enforcement procedure is available. |
Arbitration requires an agreement. Such an agreement may consist of a clause in an agreement stipulating that any future disputes will be submitted to arbitration (the arbitration clause). For existing disputes, an arbitration agreement is concluded in the form of a submission agreement.
Arbitration in accordance with the NAI Arbitration Rules (Rules) also requires that the parties have agreed the applicability of these Rules.
Arbitration requires an agreement. Such an agreement may consist of a clause in an agreement stipulating that any future disputes will be submitted to arbitration (the arbitration clause). For existing disputes, an arbitration agreement is concluded in the form of a submission agreement.
Arbitration in accordance with the NAI Arbitration Rules (Rules) also requires that the parties have agreed on the applicability of these Rules.
Arbitration is commenced by submitting a request to the NAI.
A request must contain certain particulars.
Claimant owes NAI administration costs based on the monetary interest of the claims.
Respondent will have 14 days to submit a short answer in response.
The short answer must contain certain particulars.
Respondent may present a counterclaim.
If the parties have not agreed on the number of arbitrators, the NAI will set the number at 1 or 3.
The arbitrators are in principle appointed by the parties. In the alternative, the arbitrators may be appointed through a list procedure or directly by the NAI.
In all cases, an arbitrator is impartial and independent.
Unless the parties have made other arrangements, the arbitrators determine the procedural order in consultation with the parties.
A party presenting a claim must pay a deposit to the NAI for the fees and other costs of the arbitrators.
The statement of claim shall, insofar as possible, be accompanied by the documents relied upon.
The statement of defence shall, insofar as possible, be accompanied by the documents relied upon.
Then a (virtual) hearing is held, in which the parties and/or their counsel may each further set out their arguments. Any witnesses or experts may also be heard at this hearing.
The parties may be allowed to make costs submissions (including a response to the costs submitted by the other party) to allow the arbitrator(s) to order the unsuccessful party to pay the other party reasonable compensation for legal assistance and other costs made in relation to the arbitration.
After review of a draft award on formal requirements by the NAI, the award is signed by the arbitrator(s) and sent to the parties.
If necessary, a party may request rectification of the award or an additional award.
The vast majority of NAI arbitral awards are complied with voluntarily. However, arbitral awards are enforceable throughout the world through the New York Convention (with 172 contracting states). For enforcing arbitral awards made in the Netherlands, a fast enforcement procedure is available.
9.2 Summary proceedings
Arbitration requires an agreement. Such an agreement may consist of a clause in an agreement stipulating that any future disputes will be submitted to arbitration (the arbitration clause). For existing disputes, an arbitration agreement is concluded in the form of a submission agreement.
Arbitration in accordance with the NAI Arbitration Rules (Rules) also requires that the parties have agreed on the applicability of these Rules.
Summary arbitration is commenced by submitting a request to the NAI.
A request must contain certain particulars, inter alia, a description of the grounds of the claim and the grounds on which the urgent interest is based.
Claimant owes NAI administration costs based on the monetary interest of the claims.
As soon as possible, often within 24 hours, the NAI shall appoint the arbitrator in summary proceedings. The arbitrator accepts the appointment and confirms to be impartial and independent.
The arbitrator shall determine the date, time and place of the hearing and shall immediately communicate this information to the parties. Normally, the hearing shall take place within two weeks after the appointment of the arbitrator.
Statements shall only be presented if the arbitral tribunal so determines, however, a respondent may always present a counterclaim or an objection to the jurisdiction of the arbitrator.
Then a (virtual) hearing is held, in which the parties and/or their counsel may each further set out their arguments.
The parties may be allowed to make costs submissions (including a response to the costs submitted by the other party) to allow the arbitrator(s) to order the unsuccessful party to pay the other party reasonable compensation for legal assistance and other costs made in relation to the arbitration.
After review of a draft award on formal requirements by the NAI, the award is signed by the arbitrator(s) and sent to the parties.
If necessary, a party may request rectification of the award or an additional award.
The vast majority of NAI arbitral awards are complied with voluntarily. However, arbitral awards are enforceable throughout the world through the New York Convention (with 172 contracting states). For enforcing arbitral awards made in the Netherlands, a fast enforcement procedure is available.