The Netherlands Arbitration Institute Foundation Rules 2024
Introduction
In the wake of the evolving dynamics of commercial transactions, the Netherlands Arbitration Institute Foundation (NAI) announced new arbitration rules.[1] 2024 NAI Arbitration Rules are in force as of 1 March 2024 and will be applicable on proceedings filed on or after this date. This article explores the key features of the 2024 NAI Arbitration Rules.
Background:
NAI has been an active arbitration institution in practice for 75 years. An overview of previous arbitration rules dated 2010[2] and 2015[3] shows NAI’s consistent work to keep up with modern techniques and procedural developments. 2024 updates bring more efficiency, strengthen the independence and impartiality of arbitrators, and take further steps in sustainability and diversity.
Efficiency:
At the heart of the 2024 NAI Arbitration Rules lies a commitment to responsive case management, aimed at expediting proceedings while ensuring fairness and equity. The 2024 rules introduce a Case Management Committee and expedited arbitration. It is possible for NAI to directly appoint arbitrators in cases parties fail to agree on the appointment. This contributes to not only efficiency but also diversity.[4]
It introduces provisions for a mandatory case management conference within three weeks of submission of the file to the tribunal, and a fixed mid-stream conference after submission of the statement of defense.
The 2024 edition gives the arbitral tribunal the authority to make an early determination for manifestly inadmissible, unfounded claims at an early stage. It is now possible to resolve disputes of the same parties stemming from multiple contracts subject to arbitration in a single proceeding.
The 2024 edition sets Amsterdam as the default seat of arbitration, in the absence of parties’ choice on the matter.
The rules cover scrutiny of draft arbitral awards by the NAI, which serves for efficiency by reducing basic computational mistakes.
Safeguards on Transparency, Arbitrator Independence and Impartiality:
The rules set forth a requirement on disclosing third-party funding similar to arbitration rules of major institutions such as ICC and VIAC. Accordingly, parties shall disclose the names of funders financing claims or counterclaims.
The 2024 edition improves regulation on the challenge of arbitrators particularly and sets a special committee charged with the matter. It sets further rules to strengthen the arbitrator’s declaration of independence, impartiality, and availability. It makes it possible for parties to submit comments on the matter. It requires communication of co-arbitrators with the NAI with regard to the appointment of an arbitral tribunal chair.
Sustainability:
In a nod to the growing imperative of environmental sustainability, the 2024 NAI Arbitration Rules embrace eco-friendly practices to reduce the carbon footprint associated with arbitration proceedings. The rules facilitate communication only via the NAI arbitration platform or e-mail. Embracing digital tools brings more efficiency, and accommodates the diverse needs and preferences of parties, particularly in an era where remote collaboration has become increasingly prevalent.
The 2024 edition advocates for greener arbitration practices, such as minimizing paper usage, and underlines respecting sustainability during the conduct of the proceedings. By prioritizing environmental responsibility, the rules align arbitration with broader sustainability goals, contributing to a more eco-conscious approach to dispute resolution.
Conclusion:
The 2024 NAI Arbitration Rules follow a forward-thinking approach to arbitration, characterized by efficiency, technological integration, environmental, and societal consciousness.
- The Netherlands Arbitration Institute Foundation Rules 2024, for access: 2024 NAI Arbitration Rules - NAI, (Date of Access: 27.03.2024)
- The Netherlands Arbitration Institute Foundation Rules 2010, for access: NAI-Arbitration-Rules-1-January-2010.pdf, (Date of Access: 27.03.2024)
- The Netherlands Arbitration Institute Foundation Rules 2015, for access: 20230828-NAI-Arbitration-Rules-and-Explanation-1.pdf, (Date of Access: 27.03.2024)
- Marc Krestin, Doortje van Leeuwen, “The 2024 NAI Arbitration Rules: Better, Faster, Greener!”, Kluwer Arbitration Blog, for access: The 2024 NAI Arbitration Rules: Better, Faster, Greener! - Kluwer Arbitration Blog, (Date of Access: 27.03.2024)
All rights of this article are reserved. This article may not be used, reproduced, copied, published, distributed, or otherwise disseminated without quotation or Erdem & Erdem Law Firm's written consent. Any content created without citing the resource or Erdem & Erdem Law Firm’s written consent is regularly tracked, and legal action will be taken in case of violation.
Other Contents
One of the most important reasons for parties to choose arbitration is the opportunity to freely choose their arbitrators. This freedom granted to the parties also distinguishes arbitration from proceedings before state courts, where the parties are deprived of the power to determine the judges who will conduct the...
The 6th Civil Chamber of the Court of Cassation ruled on October 12, 2022, that national courts have jurisdiction over objections to provisional measures in international arbitration disputes...
The declaration of intent to resolve disputes through arbitration is the fundamental constituent element of an arbitration agreement. To speak of a valid arbitration agreement, the parties' intention to arbitrate must emerge in a way that leaves no room for dispute...
With the global shift to online activities, domain names play a crucial role in identifying businesses. It is more common than ever for a domain name to be registered that is confusingly similar to a trademark or service mark...
The ICC Commission on Arbitration and ADR (“Commission”) published a new guide and report with the aim to increase awareness on alternative dispute resolution (“ADR”) mechanisms to prevent disputes and strengthen the relationship between all stakeholders.The Guide on Effective Conflict Management...
Mergers and Acquisitions (“M&A”) are restructuring of companies or assets through various types of financial transactions, such as mergers, acquisitions, purchase of assets, or management acquisitions. This Newsletter article covers M&A disputes being solved before arbitral tribunals.
In the context of arbitration practice, the principle of revision au fond means that the courts can not examine the merits of a dispute when reviewing an arbitral award. This principle is most commonly encountered in set aside and enforcement proceedings. An arbitral award is evidence of the parties’ willingness...
Under Turkish law, parties may agree on the settlement of disputes that have arisen or may arise, regarding the rights that they can freely dispose of, by arbitration. However, disputes which are not subject to the will of parties, such as the disputes relating to in rem rights of immovables, bankruptcy law...
On 4 September 2020, a research project “Does a Right to a Physical Hearing Exist in International Arbitration?” was launched by an International Council for Commercial Arbitration (“ICCA”) taskforce. Due to the Covid-19 pandemic, many arbitration hearings were held online. Many institutional rules...
Dubai International Arbitration Center amended its Arbitration Rules on 25 February 2022. The 2022 Arbitration Rules were published on 2 March 2022 and came into effect on 21 March 2022. The Rules will be applied to arbitrations that are filed after 21 March 2022; unless parties agree otherwise...
In the aftermath of the Achmea decision, controversies on intra-EU arbitrations continue. Most recently, the Paris Court of Appeal has annulled two arbitral awards rendered against Poland. Meanwhile, the Higher Regional Court of Berlin has refused to declare that an Irish investor’s ICSID claim...
Under Turkish law, the legal remedy that can be applied against arbitral awards is an annulment action. Law on International Arbitration No. 4686 (“IAL”) finds its application area in arbitration proceedings where Turkey is the place of arbitration...
It is well known that following a decision of the Court of Justice of the European Union, problems arose related to arbitration of intra-EU disputes, and particularly arbitration under the Energy Charter Treaty...
Arbitration in corporate law contains controversial elements in many respects, especially the issue of arbitrability. Even in legal systems where these disputes are considered to be arbitrable, uncertainties remain on whether an arbitration clause can be included in the articles of...
Arbitration has benifited from a great increase in the use of technology which has directly effected the conduct of proceedings. More particularly, with digitalization, the way that we conduct arbitration proceedings has been changed to reflect the current needs of parties, with an aim of increasing time...