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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
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.