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International

The NAI Arbitration Rules have been written for national as well as international arbitrations. The NAI administers arbitral proceedings for parties from all over the world.

In addition to the advantages inherent in national arbitrations, international arbitration has yet another advantage compared to court proceedings. Many countries have signed a global convention (New York Convention, 1958) that regulates the recognition and enforcement of an arbitral award in a country other than the country where the award was issued. No such global convention exists for judgments by a regular court.

Companies that do business with foreign companies may include an arbitration clause in their contracts, which clause lays down additional arrangements besides the standard formulation. The arbitration clause allows the parties to lay down the language in which the arbitration is to be conducted and the place of arbitration. The ‘place of arbitration’ is a legal term, as it determines which procedural law applies to the arbitration. The oral hearing may be held in the place of arbitration or in a different place, in the Netherlands or abroad. The NAI Arbitration Rules include provisions regulating the nationality of arbitrators.

The Netherlands is a country that is extremely well-suited for international arbitration. Firstly, the Netherlands has a brand-new arbitration act. It supports the conduct of electronic proceedings, gives the parties even more freedom than before in designing their proceedings in line with their wishes, and provides the parties with a safety net in the form of the – entirely independent – regular court, which does not interfere excessively. Secondly, arbitration is an extremely common and familiar dispute resolution method in the Netherlands. And thirdly, the Netherlands boasts an excellent infrastructure, linking Schiphol International Airport to the centre of Rotterdam by a 22-minute train journey and to the centre of Amsterdam by a 10-minute train journey, in addition to many international train connections, has countless reputable hotels where large arbitrations may be held and prides itself in being home to institutions like the Permanent Court of Arbitration in The Hague.

The NAI also administers binding advice proceedings and mediations between parties established in the Netherlands and abroad.