NAI arbitration compared to court litigation and other institutions

Business disputes can be settled in various ways. For example, instead of going to court or the NCC, parties can opt for arbitration with the NAI under an arbitration agreement. Arbitration is often faster and more flexible than going to court (see Table 1). Within arbitration, there are also differences between the various institutes. For example, with NAI arbitration, the lead times are generally shorter and the costs lower than with ICC or LCIA arbitration (see table 2). The NAI has drawn up comparison tables that provide corporate lawyers and lawyers who draft contracts with a clear overview of the differences.

Overview of differences between NAI arbitration and proceedings before a Dutch court

Subject
Intended for	Companies and organisations (national and international). Less suitable for individuals.	Individuals, companies and organisations (national and international).	Companies and organisations (national and international).
Speed	The median duration of proceedings on the merits is 12 months and of emergency proceedings 33 days (2025).	The Dutch Judiciary does not publish processing times. Disputes involving sums of more than €1 million often take two years per instance.[1] [1] See Verkerk, R. R., van Dijk, F., & Pistora, D. (2020). Trial within a reasonable time: An empirical study of processing times in commercial cases. Journal of Civil Procedure, 4, 153–170 (link).	Few cases and processing times vary considerably.[1] Adversarial proceedings lasting from 126 days to 460 days (n=6). Emergency proceedings lasting from 11 to 69 days (n=7). [1] T. Geurts et al., The Netherlands Commercial Court. An interim review during the start-up phase (Cahier 2025-6): Scientific Research and Data Centre (WODC) 2025, pp. 52–53 and 57 (link).
Number of bodies of proceedings on the merits	As a rule, one instance of fact-finding (possibly setting aside proceedings)	Possibly two trial courts and possibly an appeal to the Supreme Court.	Possibly two trial courts and possibly an appeal to the Supreme Court.
Who decides?	The arbitral tribunal (1 or 3 arbitrators). The NAI list of arbitrators contains approximately 200 qualified arbitrators from the Netherlands and abroad. Parties may also nominate arbitrators who are not on the list.	Cases are heard by 1 or 3 Dutch judges (or deputy judges).	Cases are heard by 1 or 3 Dutch judges (or deputy judges). The NCC(A) consists of 28 Dutch judges and judges of the Court of Appeal.
Expertise	Parties have a say in the choice of those who will settle their dispute. Through expertise in a particular industry (e.g. energy, transportation, construction, IT or post-M&A) or jurisdiction, arbitrators are well placed to settle the dispute and give reasons for the award.	The parties have no control over the choice of persons who will settle their dispute.	Parties have no influence on the choice of persons who will settle their dispute. The NCC particularly focuses on competition law, intellectual property law and restructuring.
Party autonomy/flexibility	The parties have considerable flexibility in structuring the proceedings.	Standard summons procedure.	Proceedings with some flexibility.
Confidentiality	Confidential. The parties may agree otherwise.	Generally public	Generally public
Enforcement outside Europe	Good on the basis of the New York Convention (with 172 contracting states).	Without a treaty, the proceedings will generally have to be conducted again.	Without a treaty, the proceedings will generally have to be conducted again.
Costs of the organisation, decision-makers and lawyer fees	The parties pay NAI administrative costs and the fees and expenses of the arbitrators. As there is only one instance and the processing time is short, the parties often save on legal fees.	Parties pay court fees (usually lower than the NAI administrative costs). Judges are paid by the government. Total legal fees may rise due to multiple instances.	The parties pay court fees (higher than in court proceedings and usually lower than in NAI proceedings). Judges are paid by the government. Total legal fees may increase due to multiple instances.
Cost award	Full order for costs against the unsuccessful party (costs of the NAI, the arbitrators and reasonable legal fees).	An order for costs is generally a fraction of the costs of the successful party.	An order for costs is generally a fraction of the costs incurred by the successful party.
Language	The parties may agree on any language. Approximately half of the proceedings administered by the NAI are conducted in English.	Dutch	NCC(A): proceedings and judgment in English Supreme Court: proceedings and judgment in Dutch
Electronic proceedings	Entirely via the NAI arbitration platform and email.	Limited. Communication with the courts takes place electronically only to a limited extent in electronic form.	Entirely via eNCC.
Measure for decision-making	In accordance with the rules of the applicable law, unless the parties have agreed otherwise.	Applicable law.	Applicable law.
Substantive law	Often, the choice of law is made by the parties. Application of non-Dutch law possible due to expertise within the arbitral tribunal.	Often, the parties’ choice of law. Foreign law is somewhat more difficult for the Dutch court (input from the parties is particularly important).	Often, the parties’ choice of law. Foreign law is somewhat more challenging for Dutch courts (input from the parties is particularly important).

Subject
Intended for	Companies and organisations (national and international). Less suitable for individuals.	Companies and organisations (national and international).	Companies and organisations (national and international).
Arbitration costs	For a dispute of €10 million, the cost of the arbitration is estimated at €129,000 (€30,500 in administration fees and €98,500 in costs of the 3 arbitrators). For a €950,000 dispute, the cost of arbitration is estimated at € 32,150 (€12,800 in administration fees and €19,350 in arbitrator’s fees).	For a dispute of €10 million, the cost of the Arbitration is estimated at €357,218 (€51,931 in administration fees and €305,286 in costs of the 3 arbitrators). For a dispute of €950,000, the cost of the Arbitration is estimated at €50,085 (€21,115 in administration fees and €28,960 in costs of the 3 arbitrator).	LCIA’s website does not include a cost calculator to estimate costs.
Speed	The duration of NAI arbitration on the merits is on average 9 months (2021. NAI Emergency Arbitration proceedings take on average 48 days with a median of 38 days (2019 – 2024).	An ICC arbitration has an average duration of 27 months and a median of 25 months (2023). The ICC does not report on the duration of emergency arbitrations. No average on the duration of interim relief cases is available online.	An LCIA arbitration has a median duration of 16 months (2013-2016). The ICC does not report on the duration of emergency arbitrations.
Interim measures / *emergency arbitration*	Available. Not required to initiate proceedings on the merits following Emergency arbitration, unless required by applicable (arbitration) law. The result of summary proceedings is an arbitral award.	Available. Required to initiate proceedings on the merits after emergency arbitration. The emergency arbitration is an order.	Available. Required to initiate proceedings on the merits after emergency arbitration. The emergency arbitration is an order.
Expedited arbitration	Expedited arbitration available. Intended duration is 6.5 months. Expedited arbitration is the standard procedure for claims of less than €1 million.	Expedited arbitration available. Expedited arbitration is the standard procedure for claims of less than USD 3 million.	No expedited arbitration available.
Scrutiny	The NAI Rules provide for scrutiny of the arbitral award, in particular on formal requirements. The scrutiny takes five working days for proceedings on the merits and two working days in summary proceedings.	The ICC Rules provide for scrutiny of the arbitral award on formal and substantive issues. The ICC Rules do not provide a time frame for the scrutiny process of the ICC Court.	The LCIA Rules do not provide for the scrutiny of an arbitral award.
Appointment of arbitrators	Appointment by nomination of parties is the default. Parties may opt for the list procedure. If parties do not nominate an arbitrator, the arbitrator is appointed by the NAI.	Appointment by nomination of parties is the default. If parties do not nominate an arbitrator, the arbitrator is appointed by the ICC.	Appointment by the LCIA is the default. The parties may agree that arbitrators are nominated by the parties.