The quality of an arbitration
Prof. Piet Sanders, co-founder of the Netherlands Arbitration Institute (NAI) in 1949, wrote in his handbook on Dutch arbitration law that:
‘the quality of any arbitration is determined by those who act as arbitrators’.
The NAI attaches great importance to the quality of the arbitrators in NAI arbitration. Any natural person of legal capacity may be appointed as an arbitrator. Therefore, an arbitrator doesn’t need to be listed on the NAI List of Arbitrators (see below), and parties are free to nominate an arbitrator of their choice. In fact, most appointments are made following a nomination of the parties. The NAI will appoint the nominated person after the candidate arbitrator has made a statement confirming his or her independence and impartiality, availability, and electronic accessibility. In this regard, the candidate arbitrator should consider the IBA Guidelines on Conflicts of Interest in International Arbitration.
The persons appointed in NAI arbitrations
Below is an overview of the appointments of arbitrators, binding advisers and mediators in NAI cases since 1 January 2020.
Most appointments are made after the parties nominate someone. However, appointments can also be made via the list procedure, whereby the NAI draws up a list to which the parties may respond. In addition, appointments may be made directly by the NAI, for example, when appointing an arbitrator in emergency proceedings. In 2024, 69% of appointments were made after the parties’ nomination, 25% through the list procedure, and 6% directly by the NAI. When drawing up the lists for the list procedure and in the case of direct appointments, the NAI will, in principle, rely on the arbitrators from the NAI List of Arbitrators (see below) unless the relevant expertise is not available on the list.
The NAI List of Arbitrators
If the list procedure applies, the NAI will compile a list based on the NAI List of Arbitrators and send it to the parties. The list is also used by the NAI for direct appointments. A search will be conducted outside the list if the necessary expertise is unavailable. The list contains approximately 200 names. The board assesses admission to the list in consultation with the NAI Secretariat. The board considers applications for admission to the List of Arbitrators twice yearly. If you wish to apply for inclusion on the NAI list of arbitrators, please email arbitrators@nai.nl. You will then receive instructions on the procedure.
