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NAI Nieuwsbrief 2022-2

MESSAGE FROM THE PRESIDENT OF THE NAI

Dear NAI Friends,

 

The NAI Annual General Meeting, the NAI innovative IT project, The Hague Court of Arbitration for Aviation, and the new NAI Arbitration Courses: these are only a few of the many topics discussed in the after-summer NAI Newsletter of 2022, which also contains some nice pictures of the gatherings that are highlighted. It’s a pleasure to draw your attention to this newsletter and it clearly shows how much is going on at the NAI, especially also after the Covid Pandemic.

 

I will keep the introduction to this Newsletter short and agreed with our Secretary General, Ms. Camilla Perera – De Wit, that we would issue a separate newsletter after the NAI Annual General Meeting in order to address some particular topics. Then, we will also pay a Memorial Tribute to Mr. Lodewijk Sillevis Smitt, who passed away before the summer. Lodewijk Sillevis Smitt was a Board Member of the NAI for many years and also one of the eminent former Presidents of the Board of the NAI. We are grateful for his enormous contribution to the work of the NAI. Therefore, it’s not surprising that the further information that we may share in our Tribute also reflects a significant part of the history of the NAI.

 

For now, I would like to express that I look forward to meeting at the Annual General Meeting on Thursday, 8 September.

 

Sincerely yours,

on behalf of the NAI board,

 

Gerard Meijer

President NAI Board

UPCOMING EVENTS

 

8 September 2022 - NAI Annual General Meeting

As announced in the previous newsletter, the NAI Annual General Meeting will take place on 8 September 2022 at the Peace Palace in The Hague, the Netherlands!

 

Top notch speakers from the Netherlands as well as abroad will be participating. For the full program, please click here. Following the event, a cocktail reception will be held in the gardens of the Peace Palace (weather permitting, indoors as an alternative). Currently, over 135 attendees are scheduled to be present. Final registrations are still open, please click here.

 

We very much hope to welcome you all there!

 

 

For more information on this topic, please contact Camilla Perera - de Wit, Secretary General - Director General and/or Sofia Paoletta, Legal Counsel.

 

28 September - NAI Jong Oranje Event - Mediation

NAI Jong Oranje will organize a meeting for young practitioners with an interest in commercial mediation. The session will take place at the Linklaters offices in Amsterdam. The experts at this meeting will divulge the secrets of their trade, shedding light on the techniques that can be used in helping parties reach an amicable settlement even in the heat of a dispute. Registrations are open can be found here.

 

19 September - ICCA 2022

L'Association Française d'Arbitrage (AFA), The Belgian Centre for Arbitration and Mediation (CEPANI), the Netherlands Arbitration Institute (NAI) and the Vienna International Arbitral Centre (VIAC), are pleased to invite you to an evening debate during the ICCA 2022 on the following topic:

 

"The Unusual Suspect – Efficiency as a fundamental principle of international arbitration"

 

Welcoming words by Mr. Murray Etherington, President of the Law Society of Scotland and Opening Speech by Prof. dr. Gerard Meijer, President of the Netherlands Arbitration Institute (NAI)

 

Mr. Marc Henry, President of the Association Française d’Arbitrage ( AFA)

Mr. Benoît Kohl, President of the Belgian Centre for Arbitration and Mediation (CEPANI)

Ms. Camilla Perera-de Wit, Secretary General of the Netherlands Arbitration Institute (NAI)

Ms. Niamh Leinwather, Secretary General of the Vienna International Arbitral Centre (VIAC)

 

Where: Law Society of Scotland ">Atria One, 144 Morrison Street, Edinburgh

Free participation - drinks & nibbles upon arrival

Compulsory registration via https://nai-nl.org/en/form/ICCA_Scotland

 

New 2022 NAI Arbitration Rules

The 2022 NAI Arbitration Rules are on track for a 2022 release. The NAI’s staff, board, and advisory board are working at finalizing a new and more efficient set of 2022 NAI Arbitration Rules for the NAI users. Keep an eye on the NAI channels for the official announcement of the coming into force of these new rules.

 

For more information on this topic, please contact Gerard Meijer, President, Camilla Perera - de Wit, Secretary General - Director General and/or Sofia Paoletta, Legal Counsel.

 

IT project

We are delighted to report on the developments in the NAI IT project 2021 – 2023 in which both the IT infrastructure and the software applications will undergo complete overhaul and move into the cloud.

 

The project consists of four phases: (1) an update of the accounting and invoicing software, (2A) the set-up of a new case management and case collaboration platform, (2B) a new customer relationship management application, (3) optimizing the digital workplace, and (4) building a new website.

 

For the core of the NAI IT project (phase 2A), the NAI has worked together with ThomsonReuters to implement HighQ, a highly secure cloud-based solution that empowers the NAI to reinvent its case management system by improving efficiency and allowing for data driven monitoring. At a later stage, the NAI will use HighQ to offer its users a state-of-the-art online arbitration platform. A sounding board group of arbitrators and counsel was set up consisting of Pauline Ernste, Bart Leijnse, Hilde van der Baan, Melanie van Leeuwen, Taco van der Valk and Michiel Werkhoven to provide input on the configuration and features of the NAI arbitration platform.

 

In addition, the NAI has partnered up with Mprise to implement a CRM power-app based on Dynamics365, to keep accurate records of its customers, counsel, and arbitrators. The application includes a user-friendly arbitrator selection system that enables the NAI secretariat to select the best (candidate) arbiters for a case.

 

The NAI will keep you informed on the further developments of the NAI IT project in due course. For more information on this topic, please contact Tomas Vaal, Director Business Operations and/or Thomas de Bekker, Legal Counsel.

 

PAST ACHIEVEMENTS AND EVENTS

 

August 2022 - NAI contribution to the book "International Arbitration and Technology"

The book "International Arbitration and Technology" was recently published by Kluwer, both in print and online. This book offers an up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The NAI, through authors Camilla Perera - De Wit and Thomas de Bekker, contributed by writing a chapter “Online Arbitration: the Institutional Perspective”. We hope it will prove a useful read.

 

20 July 2022 - launch The Hague Court of Arbitration for Aviation (Hague CAA)

At one of the main airshows in the worlds, the Farnborough International Airshow, Engeland, the Hague CAA was officially launched last July. HCAA represents a specialised court of arbitration and centre for mediation, specifically designed for the global aviation industry by leaders in aviation and arbitration. The Hague CAA is seated in The Hague, Netherlands. The NAI will be the sole administrating body for disputes referred to The Hague CAA.

 

Nearly 70 diverse aviation and arbitration attorneys, aviation executives and technical experts from around the world have worked together with the NAI on this project. This global team of volunteers is comprised of professionals who also work for more than 20 law firms, 4 law schools and nearly 30 aviation companies – representing airlines, aircraft & engine lessors, banks, private jet brokerage, valuation and technical advisory firms and more. Collectively, they represent well over 1,000 years of experience across the entire aviation industry, and several hundred more of arbitration experience.

 

The Hague CAA is focused exclusively on enabling the fair, private, expedited, cost-effective, binding and enforceable resolution of commercial and private aircraft operating, trading, leasing and financing – related contractual disputes.

 

Gerard Meijer, President of The Netherlands Arbitration Institute, and Member of the Board of Directors of The Hague CAA, said:

With our more than 70 years of experience at the Netherlands Arbitration Institute, we are very proud to be able to administer the cases under the rules of The Hague CAA. We trust that this initiative will be extremely successful and we will do anything that is necessary to contribute thereto.”

 

 

For more information on this topic, please contact Camilla Perera - de Wit, Secretary General - Director General and/or Sofia Paoletta, Legal Counsel.

 

28 June 2022 - NAI-CPO Cooperation – announcement new NAI Courses

In June the NAI has entered into a cooperation agreement with the Centrum voor Postacademisch Juridisch Onderwijs (CPO) in Nijmegen to reinvigorate the educational side of its operations. Annually, the NAI and CPO will organize a number of courses that aim to educate (rising) NAI arbitrators and secretaries. The courses will teach the intricacies of arbitration for those wishing to focusing specifically on NAI arbitration. All NAI arbitrators are expected to undertake the courses on offer.

 

 

The dates for the new NAI courses are as follows:

 

-           Friday 11  November 2022 – ‘NAI Basiscursus’

-           Tuesday 13 December 2022 and Tuesday 13 January 2023 – ‘Cursus Vonnis Schrijven’

-           Tuesday 31 January 2023 – ‘Secretariscursus’

-           Monday 20 March 2023 – ‘NAI Basiscursus’

 

Sign up to the NAI mailing list here to receive more information regarding the NAI courses once registrations open.

 

For more information on this topic and NAI education in general, please contact Camilla Perera - de Wit, Secretary General - Director General and/or Sofia Paoletta, Legal Counsel.

 

16 June - NAI Jong Oranje Seminar 'De wisselwerking tussen arbitrage en beslag- en executierecht'

NAI Jong Oranje looks back at a successful seminar. This seminar marked the first in-person event for NAI Jong Oranje in a long time. The seminar was aimed at Dutch lawyers with 0-7 years experience. NautaDutilh’s Kasper Krzeminski gave an introductory speech on attachment law and arbitration while Legaltree’s Max van Leyenhorst focused on state immunity from enforcement. Following the introductory speeches, the speakers presented a number of statements on which the audience could share their opinions through live polling. The interactiveness of the audience and the speakers enthusiasm provided for an excellent first in-person event ending, of course, in drinks at NautaDutilh’s 30th floor bar.

 

NAI Jong Oranje would like to thank the speakers and NautaDutilh for hosting this seminar.

 

 

8 June - NAI joins the International Federation of Commercial Arbitration Institutions (IFCAI) as Council Member!

Secretary-General Camilla M.L. Perera - De Wit was elected to join as Councillor for a four-year-term last week in Rome.

 

The International Federation of Commercial Arbitration Institutions aims to establish and maintain permanent relations between commercial arbitration institutions, foster a broad exchange of information on all aspects of arbitration and conciliation, encourage the responsible use of these dispute resolution techniques and facilitate the exchange of information on member organization services.

 

We very much look forward to contributing to these aims. We also warmly congratulate the other Council members on their appointments!

 

Lastly, we wholeheartedly extend our gratitude to outgoing President Stefano Azzali for his dedication and vision the past decades. We applaud his good work and look forward to playing an active role with the International Federation of Commercial Arbitration Institutions the next four years!

 

2 June - Dutch Arbitration Day 2022

We would like to congratulate the Dutch Arbitration Association on organizing its successful event again in person after two years into the pandemic. It was very good to be there.

 

 

Administrator Wieteke Malcontent, Secretary General Camilla Perera - De Wit, and Legal Counsel Sofia Paoletta and Thomas de Bekker attended sessions on fraud and corruption in arbitration.

 

Data Privacy

The NAI has published its new data privacy notices, drafted with the help of the Taskforce Data Privacy made up of the following members: Dorine ten Brink, Melanie van Leeuwen, and Nard van Breemen. The NAI is grateful for the invaluable input the Taskforce has provided over the past months in drafting these policies and further shaping the NAI’s internal data privacy practices.

 

For more information on this topic, please contact Camilla Perera - de Wit, Secretary General - Director General and/or Thomas de Bekker, Legal Counsel.

 

27 May - Christie’s Alumni Webinar Series

In Christie’s Education Art Law course participants learned about disputes about provenance, ownership, authenticity, and attribution. When disputes arise how are they tackled and resolved?

 

Camilla Perera-de Wit (Secretary-General of the NAI and a board member of CAfA) and Prof. Bert Demarsin (President of CAfA) gave insight into the work of the Court of Arbitration for Art. We would like to thank Ana Horta – Alumna Christie’s Education Art Law January 2022 & Executive Officer of CAfA and Jacqui Ansell – Senior Lecturer and Tutor Christie’s Education Online for the warm welcome and excellent organization. 

 

May - Academie voor de Rechtspraktijk

Camilla Perera - De Wit spoke about arbitration and art at the invitation of First Ladies of Law as part of the Academie voor de Rechtspraktijk. She discussed the role and scope of CAfA as well as issues encountered in resolving art disputes, including the importance of the role of qualified (technical) experts in conducting forensic science or conducting provenance of an art object and qualified adjudicators in resolving the dispute timely and cost efficiently.

 

 

May – A milestone  reached – 5000th case!

A landmark has been reached! The NAI was pleased to announce the administration of its 5000th case in May of 2022! Calculating back to 1949, the year of its inception, for the past 73 years, the NAI has administered an average of 70 cases per year.

 

The average number of 70 cases per year since 1949 is special”, says Camilla Perera - De Wit. “For an institution to demonstrate its added value for over seven decades is something to be proud of. With the current number of cases commenced each year being higher than 70, I have no doubt the institute will continue contributing to alternative dispute resolution going forward.

 

 

For more information on this topic and statistics in general, please contact Camilla Perera - de Wit, Secretary General - Director General and/or Thomas de Bekker, Legal Counsel.

 

22 April - NAI-CEPANI Joint Colloquium 2022

After a 2 year hiatus due to the pandemic the NAI-CEPANI successful Joint Colloquium returned to the Netherlands. The NAI was delighted to host its neighbors and good friends in the newly opened Depot Boijmans van Beuningen, an already iconic addition to the Rotterdam skyline. The topic of this year’s edition was topical trends in arbitration.

 

We would like to thank CEPANI for their support in organizing the event and look forward to welcoming the Arbitration Centre of the Chamber of Commerce Luxembourg in next year’s edition!

 

 

Green Arbitrations

During the NAI-CEPANI Colloquium 2022, the NAI reiterated its motivation to reduce the carbon footprint of arbitral proceedings, consistent with the Green Pledge, which was signed by the NAI and many of its users. Recently, Tomas Vaal, Director Business Operations at the NAI, was introduced at the Green Pledge Institution Sub-Committee to promote the campaign among the arbitral institutions.

 

Greener arbitrations are achieved by challenging old habits. Is it necessary to fly-in counsel and arbitrators for an arbitral hearing? Do I need a print all those exhibits (on top of the submissions) or is a digital bundle thereof sufficient, and perhaps even more efficient? Should an original arbitral award be printed one-side and subsequently be wrapped in plastic? The NAI encourages its users to continue asking themselves what they (and what we all!) can do to make a change.

 

31 March - Paris Arbitration Week 2022

On 31 March 2022,the NAI’s Secretary General Camilla Perera - De Wit spoke at the 2022 Paris Arbitration Week on default in arbitration, and more specifically on the defaulting arbitrator. Despite the early start, the topic sparked a lively debate with an engaging audience! The NAI was joined by CEPANI, VIAC and AFA. Camilla was joined by Marc Henry, Benoît Kohl, Niamh Leinwather, and Charles Kaplan.

 

 

 

NAI President Gerard Meijer and NAI Board member, Bregje Korthals Altes joined for the session.

 

We thank CEPANI and Association Francaise d'Arbitrage for their kind invitation and we look forward to future joint initiatives.

 

17 March - Symposium 5 years of the new arbitration act

On 17 March 2022, the NAI’s Secretary General, Camilla Perera - De Wit took part in the panel discussion on interim measures and challenge proceedings at the Symposium 5 years of the new arbitration act, co-hosted by the Dutch Arbitration Association.

 

In the panel, Camilla, co-panelists Dorine ten Brink and Tom Geerdes, and moderator Jacomijn van Haersolte-van Hof shared their thoughts and practical experiences related to these proceedings from the various institutional, jurisdictional, and judicial perspectives.

 

 

We thank the Dutch Arbitration Association and the organizing universities for their kind invitation!

 

2 March - NAI Jong Oranje webinar Art and Arbitration

NAI Jong Oranje looks back at a great webinar on art law and arbitration on 2 March 2022. Special thanks go out to our speakers Stan Putter, Martha Visser, Bert Demarsin, Thomasina van Roosmalen, and René Klomp for sharing their perspectives and the compelling discussion that ensued! We would also like to thank Stek for having hosted the speakers at their offices in Amsterdam.

 

February - BeNeLux Arbitration Taskforce

In February, Luc Frieden, president of the Chambre de Commerce du Luxembourg, and representatives of the Luxembourg Arbitration Center and Luxembourg Arbitration Association, welcomed the presidents and general secretaries of the CEPANI, The Belgian Center for Arbitration and Mediation, the Nederlands Arbitrage Instituut (NAI) and the Dutch Arbitration Association to their offices in Luxembourg to discuss strentehnign the collaboration between the various organisations by the making of the BeNeLux Arbitration Taskforce.

 

We are delighted the Nederlands Arbitrage Instituut (NAI) is part of this initiative.

 

 

For more information on this topic, please contact Camilla Perera - de Wit, Secretary General - Director General and/or Thomas de Bekker, Legal Counsel.

 

 

Contact

For more information about this newsletter and the NAI, please contact the NAI Bureau at: telephone: +31-10-281 6969 or email: newsletter@nai-nl.org

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