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Practice Area: Commercial Arbitration and Litigation

Photo of the title: A Guide to the NAI Arbitration Rules: Including a Commentary on Dutch Arbitration Law - 9041127348 - 9789041127341




A Guide to the NAI Arbitration Rules: Including a Commentary on Dutch Arbitration Law
Edited by: Bommel van der Bend, Marnix Leijten, Marc Ynzonides
May 2009,  ISBN 9041127348
ISBN 13: 9789041127341
372 pp. Hardcover
Add to Shopping Cart: A Guide to the NAI Arbitration Rules: Including a Commentary on Dutch Arbitration Law - 9041127348 - 9789041127341 USD price: $182.00
          




Add to Shopping Cart: A Guide to the NAI Arbitration Rules: Including a Commentary on Dutch Arbitration Law - 9041127348 - 9789041127341

Now also available as eBook

The Netherlands Arbitration Institute (NAI) is the most prestigious institute in the Netherlands for the arbitration of commercial disputes. While NAI arbitration is the dispute resolution mechanism of choice of many Dutch corporations and public entities, it is increasingly agreed on by foreign parties selecting the Netherlands as a neutral venue for their potential disputes. This excellent volume, a rule-by-rule guide to the NAI Arbitration Rules, is not only the first such handbook in English, but the most comprehensive and detailed in any language. In addition, it provides a unique commentary in English on important elements of Dutch arbitration law.

Drawing on case law from arbitral tribunals and state courts and on extensive personal experience, members of the arbitration team of the Dutch law firm De Brauw Blackstone Westbroek N.V. provide in-depth commentary on each provision of the NAI Arbitration Rules and on arbitration-related court proceedings in the Netherlands under the Dutch Arbitration Act. Focusing on disputes arising from (among others) share purchase agreements, joint venture agreements, licence agreements, franchise agreements, finance agreements, contractor agreements, distribution agreements, and agreements for the sale of goods, the analysis covers such crucial factors of the NAI system as the following:

  • the use of the list procedure for the appointment of arbitrators;
  • the central role of the Administrator;
  • the Dutch concept of binding advice;
  • contractual relationships and exclusion of liability;
  • the separability of the arbitration agreement;
  • freedom in determining and applying rules of evidence;
  • the mechanisms for parties to seek relief in summary arbitration proceedings;
  • costs of arbitration; and
  • the arbitral award, including the possibility of rectifying , supplementing and setting aside this award.

The provision-by-provision analysis also compares the NAI Rules with both relevant proceedings in the Dutch state courts and, inter alia, ICC and UNCITRAL Arbitration Rules and to practice under such other rules.

The authors of this matchless book have faced many questions on the NAI Arbitration Rules, advised on the interpretation and correct application of those Rules, and defended such interpretation before tribunals and courts. In this book they share their experience, insights, and expertise. Counsel for corporate clients and public entities contemplating arbitration proceedings – as well as counsel to parties in NAI proceedings or related court proceedings – will find here an incomparable guide to the NAI system and Dutch arbitration law.




Foreword. Part I: General Introduction. 1. General Introduction to the NAI Rules. 2. Arbitration in The Netherlands. Part II: A Commentary to the NAI. Section 1 – General Provisions. Section 2 – Commencement of Arbitration. Section 3 – Appointment of Arbitrators. Section 4 – Procedure. Section 4A – Summary Arbitral Proceedings. Section 5 – Award. Section 6 – Costs. Section 7 – Final Provisions. Part III: Post Arbitration Court Proceedings.




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Arbitration in Germany: The Model Law in Practice
K. Bockstiegel, S. Kroll, Patricia Nacimiento
January 2008, ISBN/ISSN 9041127186,
ISBN 13: 9789041127181
1268 pp. Hardcover
Add to Shopping Cart: Arbitration in Germany: The Model Law in Practice - 9041127186 - 9789041127181 $258.00


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