Arbitration in the Netherlands
In The Netherlands arbitration has become a widespread and preferred method of resolving disputes in many industries, such as the maritime, securities and construction industries. Less formal than court proceedings, arbitration is supposed to be quicker and more cost effective. Another useful advantage of arbitration may be the better enforceability of arbitration awards internationally.
The Netherlands is a party to the New York Convention on Arbitration
The Netherlands is a party to the New York Convention on Arbitration and Arbitration Awards.
As a result of this the Dutch Courts are held to recognize an agreement in writing in which the parties undertake to submit to arbitration should any disputes arise between them.
At the request of one of the parties the Court will refer the parties to arbitration in a matter in respect of which the parties have made an arbitration agreement, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.
The New York Convention on Arbitration provides that each Contracting State shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles. Arbitral awards rendered in other Contracting States are recognised and enforceable in The Netherlands and vice versa. The convention has been implemented in Dutch legislation.
Ad hoc and Institutional Arbitration in The Netherlands
Under Dutch arbitration law, the parties may opt for ad hoc arbitration or institutional arbitration.
Properly structured, ad hoc arbitration could well be less expensive than institutional arbitration.
An institutional arbitration is one in which a specialized institution with a permanent character intervenes and assumes the functions of aiding and administering the arbitral process, as provided by the rules of that institution. Often, the contract between the parties will contain an arbitration clause which will designate an institution as the arbitration administrator. If the institutional administrative charges, which may be substantial, are not a factor, the institutional approach is generally preferred.
Arbitral courts in The Netherlands
There a a number of arbitral courts and arbitration institutes in The Netherlands.
The most well known are:
- Netherlands Arbitration Institute
- Arbitral Tribunal for the Graphic Industry Foundation
- Council of Arbitration for the Metal Industry and Metal Trade Foundation
- Council for Arbitration in the Construction Industry
- Dispute Resolution Foundation for Automation Disputes
- International Chamber of Commerce
- P.R.I.M.E. Finance Foundation.
Dutch arbitration lawyers
In conclusion; arbitration in The Netherlands is an adequate and effective option to resolve commercial conflicts.
Our arbitration lawyers act for clients from all over the world.
Should you be looking for representation in arbitration proceedings in the Netherlands, please feel free to contact one of our arbitration lawyers to discuss your options.