Introduction
The NAI List of Arbitrators has been published and is now available to the public (link). With this step, the NAI is increasing transparency regarding the composition of the NAI List of Arbitrators. The list is the starting point for arbitrator appointments, where the NAI takes the lead. The list can also serve as inspiration for parties when selecting potential arbitrators. The publication aligns with the NAI’s policy of opening up as a professional organisation.
Transparency and clarity
The publication of the NAI List of Arbitrators reflects the current era in which transparency is becoming increasingly important. Users expect arbitration institutes not only to provide high-quality procedures but also to be transparent about their governance, working methods, and the professionals involved. This allows parties seeking to resolve their commercial disputes through the NAI to know where they stand.
The NAI List of Arbitrators contains a selection of prospective arbitrators who have been admitted to the NAI List of Arbitrators based on their expertise and/or experience in arbitration. Any natural person with legal capacity can be appointed as an arbitrator. A listing on the NAI List of Arbitrators is not required for this.
The basic principle is that the parties themselves nominate arbitrators best suited to resolve their dispute. Most appointments are made at the parties’ recommendation. Sometimes, the parties do not know who to nominate as an arbitrator. The NAI List of Arbitrators provides a source of inspiration for high-quality, experienced arbitrators.
Appointments may also be made following a proposal by the NAI (list procedure) or directly by the NAI, for example, in summary proceedings or if the parties are unable to reach an agreement. In the case of direct appointments by the NAI, or appointments via the list procedure, the NAI will, in principle, use the list of arbitrators.
Profiling quality and professionalism
‘The quality of any arbitration is determined by those who act as arbitrators.’ These are the words of Prof. Piet Sanders, co-founder of the NAI in 1949, from his handbook Het Nederlandse Arbitragerecht.
To ensure the quality of arbitration at the NAI, the NAI uses the List of Arbitrators. With the publication of the NAI list of arbitrators, the NAI emphasises the quality of the arbitrators affiliated with the institute. The arbitrators on the list have diverse legal expertise and are active in various sectors. In addition, the NAI works to further professionalise this group, for example, through the NAI-CPO training programme.
A significant proportion of the arbitrators are from the Netherlands. This aligns with the practice of Dutch substantive law in many arbitration proceedings. At the same time, the list of arbitrators is sufficiently international in composition to meet the needs of parties in cases with an international character. Examples include proceedings in which foreign law applies or in which the parties deliberately choose a chairperson of a different nationality. The NAI List of Arbitrators thus reflects both national roots and international orientation. Incidentally, the NAI may also approach other arbitrators on an ad hoc basis if their specific expertise or background is required.
Distinction from the list of appointments in NAI proceedings
The NAI List of Arbitrators should be distinguished from the NAI’s overview of appointments in NAI proceedings, which it has been publishing since 2020. This also promotes transparency.
It is sometimes assumed that the overview of appointments is equivalent to the NAI List of Arbitrators. This is not the case. The appointment overviews provide insight into specific appointments and the composition of arbitral tribunals. The overview of appointments includes both arbitrators appointed on the parties’ recommendation and those nominated by the NAI. That overview, therefore, also includes persons who are not on the NAI List of Arbitrators; as already noted, the parties are free to nominate any (legally competent) person as arbitrator.
Conclusion
With the publication of the NAI List of Arbitrators, the NAI is taking the next step in transparency, information provision and quality assurance. The list is updated twice a year by the board and provides users with an overview of the NAI arbitrators.
See who’s on the List of Arbitrators
