The NAI arbitration proceedings
The NAI offers four different types of arbitration procedures:
- Arbitration on the merits. The arbitration on the merits is the standard NAI arbitration procedure under the NAI Arbitration Rules. The arbitral tribunal consists of one or three arbitrators. The procedure begins with a request for arbitration. The respondent responds with a short answer. After the arbitral tribunal (composed of one or three arbitrators) has been constituted, a digital case management conference will be held at which, among other things, the procedural timetable will be discussed. The procedural order may provide for one or more written rounds and, for example, the submission of evidence by witnesses and/or experts. The oral hearing usually takes place in person, but the parties can also have a digital hearing. After the debate is closed, the arbitral tribunal will issue an arbitral award within 8 weeks. The procedure takes an average of 12 months. The arbitral award is binding on the parties. If the place of arbitration is in the Netherlands, the award can be enforced in the Netherlands after the preliminary relief judge grants an exequatur. These ex parte proceedings usually take a couple of days. Outside the Netherlands, an arbitral award with a place of arbitration in the Netherlands is enforceable in more than 140 countries under the New York Convention.
- Emergency arbitration. Emergency arbitration deals with urgent matters, leading to a provisional ruling in an arbitral award. Emergency arbitration can be requested without a main action being started, and it is, in principle, not mandatory to begin proceedings on the merits afterwards. The arbitral tribunal consists of one arbitrator appointed directly by the NAI, usually within one working day of receiving the request for emergency arbitration. In emergency arbitration proceedings, the arbitrator will determine the date for the hearing as soon as possible, usually within two weeks after the arbitrator’s appointment. The average duration of NAI emergency arbitration is 48 days, with a median of 38 days (2019–2024). The procedure’s outcome is an enforceable arbitral award.
- Expedited arbitration. Expedited arbitrations are streamlined proceedings that are expected to last 6-7 months from the request for arbitration to the arbitral award. In principle, the arbitral tribunal comprises one arbitrator appointed using the list procedure. The proceedings typically consist of one written round and a digital hearing.
- Appointment of arbitrators in ad hoc procedures. Finally, a party can request the NAI to assist in appointing arbitrators in an ad hoc procedure if, for example, the parties cannot agree on the arbitrator(s) to be appointed. The NAI Rules for the Appointment of an Arbitral Tribunal in Ad Hoc Arbitrations apply. In that case, the NAI’s involvement ends after the arbitral tribunal’s appointment. The NAI is not involved in the financial arrangements between the appointed arbitrator(s) and the parties.
Please find below an overview of the different types of NAI arbitral proceedings and their characteristics.
| Type of procedure | Features | Duration and course of the proceedings | Arbitration Rules |
|---|---|---|---|
| Arbitration on the merits | – Standard procedure – 1 or 3 arbitrators | Average 12 months Download an overview of the procedure here | NAI Arbitration Rules |
| Emergency arbitration | – In principle, one arbitrator, one written round and a digital hearing – In particular, for disputes with a financial interest of less than €1 million | 5 – 7 months An overview of the procedure is not yet available | NAI Arbitration Rules Article 42 and Appendix D |
| Expedited arbitration | – 1 arbitrator appointed by the NAI – Hearing within two weeks | An average of 48 days with a median of 38 days (2019–2024). Download an overview of the procedure here | NAI Arbitration Rules Article 41 and Appendix C |
| Appointment of arbitrators in ad hoc proceedings | – 1 or 3 arbitrators – NAI is not involved after the appointment | 1 – 3 months | NAI Rules for the Appointment of an Arbitral Tribunal in Ad Hoc Arbitrations 2015 Appendix A and B |
The NAI is a general arbitration institute and administers NAI arbitration procedures in various sectors:
Sector arbitration
In addition to the standard NAI arbitration procedures, there are specialised forms of arbitration for specific sectors and that focus on certain areas:
- The Hague Court of Arbitration for Aviation (Hague CAA) is a specialised international arbitration and mediation institute that focuses entirely on resolving disputes within the aviation sector. It was co-founded by the NAI in 2022 to fulfil a niche need for efficient, expert and neutral dispute resolution in this complex and highly regulated industry. Visit the website of The Hague CAA for more information.
- The Court of Arbitration for Art (CAfA) is a specialised international arbitration and mediation institute based in The Hague. It was co-founded by the NAI to resolve disputes in the art world efficiently, expertly, and confidentially. These disputes range from disputes about authenticity and ownership to breach of contract in art transactions. Visit the CAfA website for more information.
- Disputes in healthcare: Based on the Covenant establishing the Independent Dispute Authority for Dispute Resolution and Settlement of Healthcare Contracting, the NAI offers mediation, binding advice and arbitration services in the healthcare sector. A major advantage of these forms of dispute resolution is that the decision-makers and mediators can come from the industry itself and therefore have all the knowledge at their disposal.
- Arbitration on Curaçao: The NAI also offers a fast and effective NAI arbitration procedure for parties doing business on Curaçao. The NAI Arbitration Regulations apply when the place of arbitration is on Curaçao. Parties can choose arbitrators with experience in Curaçao trade practices. The proceedings can take place in any language, including Papiamento.
