Arbitration is a widely used method for resolving disputes in many industries, such as the maritime sector, the financial sector and the construction sector. Less formal than legal proceedings, arbitration is faster and more effective. Another useful advantage of arbitration is the excellent international enforceability of arbitral awards. Whatever the reason may be, parties are nowadays inclined to include arbitration clauses in contracts. And you can use the assistance of a lawyer specialized in arbitration in case a dispute presents itself. We can act als your lawyer and take care of the arbitration procedure for you.
The Netherlands is a party to the New York Convention on Arbitration and Arbitration Awards. As a result, the Dutch courts are obliged to recognize a written agreement in which the parties commit themselves to arbitration if disputes arise between them. At the request of one of the parties, the court refers the parties to arbitration in a case in which the parties have concluded an arbitration agreement, unless the court finds that the said agreement is void or cannot be executed.
The Convention provides that each Contracting State recognizes and enforces arbitral awards in accordance with the procedural rules of the territory in which the judgment is invoked, under the conditions laid down in the Convention. Arbitral judgments made in other contracting states are recognized and are enforceable in the Netherlands and vice versa. The treaty is implemented in Dutch legislation, more specifically in the Arbitration Act of 1986 (Article 1020-1076 of the Code of Civil Procedure).
As in other jurisdictions, the parties can opt for ad hoc arbitration or institutional arbitration. In ad hoc arbitration, arbitrators are appointed by the court and establish their own procedural order.
There are various Arbitration Institutes in the Netherlands that use their own regulations. In the arbitration clause, parties often opt for arbitration by an institute designated by the parties. If a dispute then arises, the parties can make their choice from the list of admitted arbitrators and the procedure starts.
The rules of arbitration institutes often also provide for emergency procedures, in cases where immediate action is required. Nowadays these institutes often have a digital platform for exchanging procedural documents and messages easily and securely by lawyers and litigants. Partly because of this, the procedures are quick and effective.
The best-known arbitration institutions include:
We are happy to advise you on the various possible procedures at these and other arbitration institutes. A procedure before the Netherlands Commercial Court is a relative new way to swiftly and effectively resolve international business disputes in the English language. It is built on a solid foundation: the reputation of the Dutch judiciary, which is ranked among the most efficient, reliable and transparent worldwide.
Arbitration in the Netherlands is a reliable option for resolving conflicts. Minerva Advocaten assists clients from all over the world in arbitrations in the Netherlands.
If you are looking for representation in an arbitration procedure, please contact us for a no-obligation consultation. We are happy to assist you. Our motto is not for nothing: "Your problem, our concern."
Hein Kernkamp will gladly help you further.