Trade Disputes in the Netherlands
- Recognized under Dutch law as a legitimate method for settling disputes.
- Arbitration Law
- Can be found on the webiste Arbitragewet (in Dutch).
- Conformity to International Commercial Arbitration Rules
Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Party to the Geneva Protocol on Arbitration Clauses.
Party to the Geneva Convention of the Execution of Foreign Arbitral Awards.
- Appointment of Arbitrators
- One (or three) arbitrators are assigned, the compensation depends on the type of case (what industry / amount etc.)
- Arbitration Procedure
The prosecuter file is demanded in written and the defendant replies to it. A second is optional. After that a hearing is organized where both parties have the ability to clarify their side of the story. After that the arbitrators make a decision and put it on appear and send it to the persecutor and the defendant.
The result is binding in most cases. In some cases an appeal can be made at another arbitrage comity. Another option is to go to court and ask them to undo the made decision.
- Permanent Arbitration Bodies
Committee of Arbitrage (Sectors Covered: General)
The Netherlands Institute for Arbitrage (Sectors Covered: General)
TMC Asser Institute (Sectors Covered: General)
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