A Guide to the NAI Arbitration Rules
Including a Commentary on Dutch Arbitration Law
By: Bommel van der Bend, Marnix Leitjen
About This Book
The Netherlands Arbitration Institute (NAI) is the most prestigious institute in the Netherlands for the arbitration of commercial disputes. While NAI arbitration is the dispute resolution mechanism of choice of many Dutch corporations and public entities, it is increasingly agreed on by foreign parties selecting the Netherlands as a neutral venue for their potential disputes. This excellent volume, a rule-by-rule guide to the NAI Arbitration Rules, is not only the first such handbook in English, but the most comprehensive and detailed in any language. In addition, it provides a unique commentary in English on important elements of Dutch arbitration law. Drawing on case law from arbitral tribunals and state courts and on extensive personal experience, members of the arbitration team of the Dutch law firm De Brauw Blackstone Westbroek N.V. provide in-depth commentary on each provision of the NAI Arbitration Rules and on arbitration-related court proceedings in the Netherlands under the Dutch Arbitration Act. Focusing on disputes arising from (among others) share purchase agreements, joint venture agreements, licence agreements, franchise agreements, finance agreements, contractor agreements, distribution agreements, and agreements for the sale of goods, the analysis covers such crucial factors of the NAI system as the following: the use of the list procedure for the appointment of arbitrators; the central role of the Administrator; the Dutch concept of binding advice; contractual relationships and exclusion of liability; the separability of the arbitration agreement; freedom in determining and applying rules of evidence; the mechanisms for parties to seek relief in summary arbitration proceedings; costs of arbitration; and the arbitral award, including the possibility of rectifying, supplementing and setting aside this award. The provision-by-provision analysis also compares the NAI Rules with both relevant proceedings in the Dutch state courts and, inter alia, ICC and UNCITRAL Arbitration Rules and to practice under such other rules. The authors of this matchless book have faced many questions on the NAI Arbitration Rules, advised on the interpretation and correct application of those Rules, and defended such interpretation before tribunals and courts. In this book they share their experience, insights, and expertise. Counsel for corporate clients and public entities contemplating arbitration proceedings and as well as counsel to parties in NAI proceedings or related court proceedings and will find here an incomparable guide to the NAI system and Dutch arbitration law.
AI Overview
"A Guide to the NAI Arbitration Rules" by Bommel van der Bend and Marnix Leijten is a comprehensive treatise on the arbitration rules of the Netherlands Arbitration Institute (NAI). Here is a detailed overview of the book:
Key Themes
- NAI Arbitration Rules: The book provides an in-depth examination of the NAI Arbitration Rules, including their structure, procedures, and key provisions.
- Dutch Arbitration Law: It includes a commentary on Dutch arbitration law, offering insights into the legal framework governing arbitration in the Netherlands.
- Arbitral Procedure: The guide covers various aspects of the arbitral procedure, such as the composition of the tribunal, the conduct of hearings, and the handling of evidence.
- Costs and Fees: It discusses the allocation of costs in arbitration, including who bears the costs and what elements are typically awarded in cost awards.
- Practical Applications: The book aims to provide practical guidance for practitioners, including strategies for navigating complex arbitration cases.
Plot Summary
The book is structured to serve as a practical guide for both novice and experienced arbitration practitioners. It begins with an introduction to the NAI and its arbitration rules, followed by a detailed analysis of each rule. The commentary on Dutch arbitration law provides context for understanding the legal basis of the NAI rules.
The guide covers various procedural aspects, such as the initiation of arbitration, the constitution of the tribunal, and the conduct of hearings. It also addresses issues related to evidence, disclosure, and the handling of trade secrets. The section on costs and fees provides clarity on how costs are allocated and what elements are typically included in cost awards.
Critical Reception
While there is no extensive critical review available in the public domain, the book is widely regarded as an indispensable resource for those involved in arbitration, particularly in the context of Dutch law. Here are some points from available sources:
- Academic Review: Filip De Ly, in a review published in the Erasmus University Repository, highlights the book's comprehensive nature and its utility as a reference for practitioners and academics alike.
- Professional Endorsement: The International Bar Association (IBA) notes that "A Guide to the NAI Arbitration Rules" is the main treatise published in English on the subject, indicating its authoritative status in the field.
- Practical Utility: The book's practical approach and detailed commentary make it a valuable resource for those navigating the complexities of NAI arbitration, as noted in various legal and academic circles.
In summary, "A Guide to the NAI Arbitration Rules" by Bommel van der Bend and Marnix Leijten is a seminal work that provides a thorough understanding of the NAI arbitration rules and Dutch arbitration law. Its practical application and comprehensive analysis make it an essential reference for both legal professionals and academics in the field of arbitration.