NETHERLANDS ARBITRATION INSTITUTE
ARBITRATION RULES
in force as of 13 November 2001
TABLE OF CONTENTS OF THE ARBITRATION RULES
INTRODUCTION
SECTION ONE - GENERAL PROVISIONS
Article 1 - Definitions
Article 2 - Field of Application (Arbitration)
Article 3 - Field of Application (Binding Advice)
Article 4 - Notices
Article 5 - Periods of Time
SECTION TWO - COMMENCEMENT OF ARBITRATION
Article 6 - Request for Arbitration
Article 7 - Short Answer
Article 8 - Purpose of Request for Arbitration and Short
Answer
Article 9 - Plea as to Lack of Arbitration Agreement
SECTION THREE - APPOINTMENT OF ARBITRATORS
Article 10 - Impartiality and Independence of Arbitrators
Article 11 - Disclosure in Case of Doubt as to Impartiality
and Independence
Article 12 - Number of Arbitrators
Article 13 - Method of Appointment as Agreed by the Parties
Article 14 - List-Procedure
Article 15 - Letter of Appointment; Acceptance of Mandate;
Notice of Appointment to Parties
Article 16 - Nationality of Arbitrator
Article 17 - Release from Mandate
Article 18 - Replacement of Arbitrator
Article 19 - Challenge of Arbitrator
SECTION FOUR - PROCEDURE
Article 20 - Arbitration File and Communications
Article 21 - Representation of and Assistance for Parties
Article 22 - Place of Arbitration
Article 23 - Procedure in General
Article 24 - Exchange of Memorials
Article 25 - Counterclaim
Article 26 - Hearing
Article 27 - Evidence in General
Article 28 - Production of Documents
Article 29 - Witnesses
Article 30 - Experts (Party-Appointed)
Article 31 - Experts (Tribunal-Appointed)
Article 32 - Site Inspection
Article 33 - Order for Appearance in Person of Parties
Article 34 - Amendment of Claim
Article 35 - Withdrawal of Request for Arbitration
Article 36 - Default
Article 37 - Summary Arbitral Proceedings after the Appointment of the A-r-b-i-t-ral Tribunal on the Me-rits
Article 38 - Provisional Measures other than in Summary
Arbi-tral Proceedings
Article 39 - Tribunal Secretary; Technical Assistance
Article 40 - Language
Article 41 - Third Parties
Article 42 - Non-Compliance of a Party with Provisions
Contained in Section Four
SECTION FOUR A - SUMMARY ARBITRAL PROCEEDINGS
Article 42a - In General, Relationship with Article 37
Proce-dure
Article 42b - Commencement
Article 42c - Contents of the Request
Article 42d - Notification of Request to Respondent
Article 42e - Confirmation of Receipt of Request
Article 42f - Appointment of Arbitral Tribunal
Article 42g - Hearing
Article 42h - Plea as to Lack of Jurisdiction
Article 42i - Counterclaim
Article 42j - Procedure
Article 42k - Referral to Arbitration on the Merits
Article 42l - Nature of the Decision; Security
Article 42m - Relationship with the Case on the Merits
Article 42n - Administration Costs and Deposit for Costs
Article 42o - Interim Measures of Protection
SECTION FIVE - AWARD
Article 43 - Period of Time for Rendering Award
Article 44 - Types of Award
Article 45 - Decision According to Rules of Law or as
Amiable Compositeur
Article 46 - Applicable Law
Article 47 - Trade Usages
Article 48 - Decision-Making; Signing of Award
Article 49 - Form and Contents of Award
Article 50 - Notification and Deposit of Award
Article 51 - Res Judicata of Award
Article 52 - Rectification or Correction of Award
Article 53 - Additional Award
Article 54 - Arbitral Award on Agreed Terms
Article 55 - Publication of Award
SECTION SIX - COSTS
Article 56 - Costs in General
Article 57 - Administration Costs
Article 58 - Fees and Disbursements of Arbitrators
Article 59 - Deposit for Costs
Article 60 - Costs of Legal Assistance
Article 61 - Determination and Award of Costs
Article 62 - Costs in Case of Premature Termination
SECTION SEVEN - FINAL PROVISIONS
Article 63 - Violation of Rules
Article 64 - District Court Provision Judge having Jurisdiction
Article 65 - Unforeseen Matters
Article 66 - Exclusion of Liability
Article 67 - Amendment of Rules
NAI ARBITRATION RULES
in force as of 13 November 2001
SECTION ONE - GENERAL PROVISIONS
Article 1 - Definitions
In these Rules, the words and phrases listed below have the following meaning :
(a) “NAI” - Netherlands Arbitration Institute, Foundation (Stichting), with its seat in Rotterdam;
(b) “Governing Board” - the Governing Board of the NAI;
(c) “Executive Board” - the executive section of the NAI Governing Board as provided for in the NAI Articles of Association;
(d) “Administrator”: the Director of the NAI as provided for in the NAI Articles of Association and in case a director is lacking the member of the Executive Board appointed as such by the Governing Board, or their deputy nominated by the Executive Board;
(e) “arbitration agreement” - the agreement by which parties bind themselves to submit to arbitration an existing dispute between them (compromis; submission agree-ment) or disputes which may arise between them in the future (arbitration clause) out of a defined legal relati-onship, whether con-tractual or not; this agreement shall be proven by an instrument in writing; for this purpose an instru-ment in writing which provides for arbi-tra-tion or refers to standard conditions providing for arbi-tration is sufficient, provided that this instru-ment is expressly or impliedly accepted by or on behalf of the parties;
(f) “arbitral tribunal”: an arbitral tribunal of one or more arbitrators, composed in accordance with Secti-on Three or Section Four A (summary arbitral procee-dings) of these Rules;
(g) “international arbitration”: an arbitration in which at the moment of commencement of arbitration as referred to in arti-cles 6 and 42b of these Arbitration Rules, at least one of the parties is domiciled or has its seat, or, in the absence thereof, has his actual residence outside the Netherlands.
Article 2 - Field of Application (Arbitration)
These Rules shall apply if parties have agreed to arbitrati-on by the NAI or to arbitration in accordance with the NAI Rules.
Article 3 - Field of Application (Binding Advice)
1. These Rules shall apply accordingly if parties have agreed in writing to binding advice by the NAI or to binding advice in accordance with the NAI Rules.
2. If parties have agreed to arbitration, but the arbitral tribunal finds that a dispute is wholly or partially incapa-ble of settlement by arbitration, the arbitral tribunal is autho-rised to render its decision wholly or partial-ly in the form of a binding advice.
3. In case of binding advice, no deposit of the decision with the registry of the district cou