1. Governance
The Netherlands Arbitration Institute Foundation (NAI) is a foundation established under Dutch law.
The NAI Secretariat administers the proceedings initiated under the various NAI rules. The NAI Secretariat currently has 10 staff members.
The Executive Board of the NAI consists of five members from the academic, business, and legal communities. The Executive Board is responsible for the management of the foundation, in particular determining and approving the strategy and policy of the foundation. The Executive Board has no insight into or influence on the outcome of individual cases.
The Advisory Board consists of up to 25 members. The Advisory Board provides solicited and unsolicited advice to the Executive Board. The Advisory Board also has no insight into or any influence on the outcome of individual cases.
Finally, the NAI has an independent Committee consisting of judges and lawyers who decide upon challenges. The Committee and its members have no involvement in the case in which the challenge takes place. Download the Committee’s Rules here (addendum).
1.1 The NAI Secretariat
1.2 The Executive Board
1.3 The Advisory Board
1.4 The Committee
2. Statistics
The NAI publishes yearly statistics reports.
The statistics for the last year are shown below and can be downloaded in PDF:
2.1 NAI 2023 statistics
New cases filed in 2023: 70*
Number of pending cases on 31 December 2023: 68**
Total amount in dispute on 31 December 2023: € 4 billion***
*This includes four arbitral proceedings commenced in 2023 which were subsequently consolidated. For these statistics, only the characteristics of the consolidated proceedings are included in the data set.
** The consolidated proceedings mentioned above are pending and constitute one pending case. For these statistics, the four arbitral proceedings mentioned above are considered closed.
*** Rounded amount.
* Proceedings commenced in 2023
2.2 NAI statistics of previous years
Download older statistics here:
3. Appointments and the NAI arbitrator list
3.1 Appointments of arbitrators, binding advisors and mediators
Below you will find an overview of appointments of arbitrators, binding advisors, and mediators in NAI cases as of 1 January 2020.
Most appointments are made by parties and co-arbitrators (see, for example, Article 13 of the NAI Arbitration Rules 2015). Appointments may also take place through the list procedure whereby the NAI proposes three persons for each position. Furthermore, appointments can be made directly, for example when appointing an arbitrator in summary proceedings.
In 2022, 66% of the appointments were made by parties, 19% through the list procedure, and 15% directly. In the case of the list procedure and direct appointments, the NAI appoints, in principle, arbitrators from the NAI Arbitrator List (see below), unless the relevant expertise is not present in the list.
3.2 NAI Arbitrator List
If the list procedure applies, the NAI compiles a list to be sent to the parties based on the NAI Arbitrator List. The NAI Arbitrator List is also used for direct appointments by the NAI. If the requested expertise is not available, a search and subsequent appointment is made outside of the list. The NAI Arbitrator List has approximately 200 names. Admission to the NAI Arbitrator List is assessed by the Board in consultation with the NAI secretariat. The Board assesses the applications for admission to the arbitration list two times per year. If you wish to apply to be placed on the NAI arbitration list, you should send an email to arbitrators@nai.nl. You will then receive instructions on the procedure.
4. Education of arbitrators
In the context of its mission – to promote arbitration in general – the NAI organises various arbitration courses every year. The courses are currently held in the Dutch language. These courses are open to all individuals interested in the NAI, arbitration or NAI arbitration. As a principle, however, the arbitrator course and the award writing course must be completed by all Dutch-speaking arbitrators of the NAI arbitrator’s list.
4.1 NAI and CPO: Improving the quality of arbitral proceedings
In 2022, the NAI and the Centre for Professional Legal Education (CPO), part of the Radboud University Nijmegen partnered up to establish a new set of arbitration courses. There are three courses which are offered on a repetitive basis during the year: the arbitrator course, the award writing course and the secretary course. By providing these courses, the NAI aims to be a central point and knowledge centre for arbitration practitioners in general and to ensure the quality of NAI arbitrations.
Keep an eye on our news and events page for more information regarding the courses, including the dates of the upcoming courses.
4.2 Arbitrator course
The arbitrator course is tailored to aspiring and experienced arbitrators. By following this course, the participants will be exposed to crucial aspects of arbitration, such as the general principles of arbitration, the ethical implications of arbitral proceedings, practical insights from the NAI and from renowned arbitrators into the typical pitfalls of arbitration as well as to the dynamics within the arbitral tribunal.
4.3 Award writing course
The participants are introduced to the civil decision model. Using the main rule of burden of proof, the participant learns what is relevant in a case and which points should be decided in an award. The relationship between the arbitrator and the parties and between the parties themselves is closely related to this. The participant learns to analyse a file and convert it into a well-reasoned award. During the course, small practice cases are made. The participant will draft an arbitral award by putting the civil decision model into practice.
4.4 Secretary course
The secretary course is tailored to young professionals within the arbitration world seeking to become or refine their secretary skills.
5. NAI Young Arbitration Practitioners
The NAI created the working group NAI Young Arbitration Practitioners (NAI Jong Oranje) to offer anyone under forty years old who is interested in arbitration a platform for discussing various current and practical topics. Informally, you can meet others who share your interests or have gained experience in the arbitration practice. Meetings are freely accessible to all. The meetings are introduced by arbitration specialists and there is sufficient opportunity to ask questions and have discussions. The speakers are always willing to answer questions and do not shy away from discussion. After the meeting, a drinks reception is organised, where you can broaden your network in the field of arbitration.
The meetings are not only interesting for attorneys; company lawyers, scientific staff members, members and staff of the judiciary and other interested persons can also broaden their knowledge of arbitration here. Keep an eye on our news and events page for more information regarding the activities of NAI Young Arbitration Practitioners.
6. Working at the NAI and vacancies
The Netherlands Arbitration Institute (NAI) has the social objective of promoting dispute resolution through arbitration, mediation and binding advice. Arbitration (adjudication by arbitrators) is a quick, expert and effective alternative to the government courts and the standard for the resolution of international disputes. The NAI is the largest general arbitration institute in the Netherlands, a solid and innovative organisation with by far the most experience in alternative dispute resolution. The NAI is located on the 34th floor of the Delftse Poort located next to Rotterdam Central Station.
The NAI Secretariat consists of 10 staff members. About half of the cases are conducted in the English language. Your clients are the parties involved, arbitrators and lawyers. In your role, you work with case managers, legal counsel and senior staff on complex legal issues. You will also contribute to various projects to improve the quality of the NAI’s services and strengthen its position in the market. This includes projects in the areas of innovation, marketing and IT.
The NAI is currently looking for a new (Dutch-speaking) Case Manager. Job description and further information can be found here.
