Arbitration in the Netherlands

The Netherlands are a good venue for arbitration procedure.  Arbitration can take place in the English language.  All Dutch lawyers an arbitrators speak English. A Dutch business attorney can fill you in on the ins and outs of arbitration in the Netherlands.

The Peace Palace in The Hague, Netherlands, wh...

The Peace Palace in The Hague, Netherlands, which is the seat of the International Court of Justice. Français : Le Palais de la Paix, siège de la Cour internationale de Justice à La Haye (Pays-Bas). (Photo credit: Wikipedia)

Dutch Arbitration

Arbitration  should take place as agreed between the parties or, if the parties have not so agreed, as determined by the arbitral Arbitration Proceedings under the Arbitration Act tribunal.The arbitral tribunal is free to determine the rules regarding evidence, including its admissibility and its weight, unless the parties agree otherwise. The rules of evidence as laid down in the CCP are not applicable in principle. More information on Arbitration Tribunals in the Netherlands:

Nederlands Arbitrage Instituut (NAI) since 1949  http://www.nai-nl.org/en/
Transport And Maritime Arbitration Rotterdam-Amsterdam (TAMARA) https://www.tamara-arbitration.nl/index.php?id=5&L=1

Info on ICC arbitration http://www.iccwbo.org/products-and-services/arbitration-and-adr/

Confidentiality of arbitration

Although arbitration is generally considered to be confidential, the parties should explicitly agree to this if they want to ensure full confidentiality. Proceedings before the national courts which arise in connection with arbitration (enforcement, revocation, etc.) are public in principle. Information disclosed in arbitral proceedings can be referred to in subsequent or parallel court proceedings unless the parties provide otherwise in their arbitration agreement.

Injunction or Preliminary Relief  and Arbitration

The arbitrator(s) may take provisional measures, such as the granting of a preliminary (mandatory or prohibitory) injunction. A provisional remedy can also comprise monetary awards, such as a claim for advance payment of damages or payment of an outstanding debt. The protective measure of attaching goods can, however, only be ordered by a court. A decision rendered in arbitral preliminary relief proceedings is regarded as an arbitral award, which can consequently be enforced in accordance with the normal rules.

Costs of Dutch Arbitration

Applicable Rules of Arbitration of the tribunal may contain guidelines regarding costs. Dutch law does not deal with the recovery of fees or costs. A Dutch attorney can give an estimation of costst involved. The parties may provide for the allocation of costs (including legal fees) in their arbitration agreement. If there is no such agreement, arbitrators may decide on the issue of costs. In practice, arbitrators will often decide that the losing party should bear the costs of arbitration, including the legal fees of the other party. Arbitrators can, however, limit the costs to an amount they consider reasonable. In practice, this is often the case, as a result of which the prevailing party will not be able to recover all or at any rate a substantial part of his legal fees from the losing party. If a party’s claim is only partially allowed, costs are usually divided between the parties.

Arbitral Award

The arbitral tribunal will declare a final, partial or interim award. The nature of the award may have an effect on such issues as enforcement and whether the award may be set aside or revoked. The arbitral tribunal is free to determine when the award shall be made and has the power to impose penalties for non-compliance in cases where the court also has such power.

Enforcement of Arbitral Award in the Netherlands

Enforcement of an arbitral award can take place only after the preliminary relief judge (from the District Court with which Registry the original award must be deposited) has granted leave to enforce it. Leave to enforce must be recorded on the original arbitral award if already deposited or, failing such deposit, in a separate decision by the preliminary relief judge. If the award is not declared provisionally enforceable, leave to enforce the award may only be granted after the time limit for lodging the appeal has lapsed. Enforcement of an arbitral award may only be refused by the preliminary relief judge if (i) the award or the manner in which it was made is manifestly contrary to public policy or good morals; or (ii) the award is unjustly declared enforceable notwithstanding an appeal; or (iii) a penalty for non-compliance is unjustly imposed.

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