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Proceedings

In order to initiate binding advice proceedings, a request for binding advice must be submitted to the NAI Secretariat. The request is to be submitted by e-mail (secretariaat@nai-nl.org), unless submission by e-mail is impossible for the applicant. Attachments must be sent along by e-mail. The request may be brief and it is not tied to a particular format. However, certain particulars must be mentioned in the request and a copy of the binding advice agreement must have been added to the request. You may also use this binding advice request document or file the request online.

Course of the proceedings

Following receipt of the request for binding advice, the Netherlands Arbitration Institute sends it to the respondent by e-mail, who is given the opportunity to submit a short answer within fourteen days. The respondent sends the short answer to the NAI by e-mail, unless this is impossible for the respondent. After the binding advisor(s) has/have been appointed, the applicant and respondent are given the opportunity to present a statement of claim and a statement of defence, respectively, possibly followed by a second exchange of statements. Then the oral hearing takes place, in which the parties and/or counsel may further argue their positions.

The binding advice

After the hearing, the binding advice is laid down in writing (if multiple binding advisors have been appointed, following their deliberation). Each party receives a copy of the binding advice from the Netherlands Arbitration Institute. The binding advice which is given this way is binding on all parties. However, unlike an arbitral award, binding advice does not provide a title. The court may perform a limited judicial review of the merits of the binding advice.