LAWYERS FOR ARBITRATION IN ROTTERDAM, THE NETHERLANDS
MD LAWYERS INTERNATIONAL LAW FIRM
MD LAWYERS INTERNATIONAL LAW FIRM
Our Lawyers in Rotterdam, The Netherlands, are specialized in international and domestic arbitration and ADR in the whole dutch territory. This alternative jurisdiction is mainly used in the international controversies concerning the civil and commercial law.
Even if in the dutch territory there are several arbitration institutes as l’ICC-International Court of Arbitration and the International Chamber of Commerce), the most famous arbitration institute in the Netherlands is the Netherlands Arbitration Institute (NAI) di Rotterdam.
It happens frequently, especially in the contracts concerning the international sale of goods, that the parties add in the contract an arbitration clause, indicating as the competent institution the Netherlands Arbitration Institute, founded in 1949 and set in Rotterdam and in many other dutch cities.
Our Law Firm in Rotterdam is practical with the Nai Arbitration Rules, Nai Binding Advice Rules and Nai Mediation Rules, plus, of course, the Dutch Civil Procedure Code - the main articles are between 1020 and 1076 -.
The parties can decide to add the arbitration clause in any kind of contract or controversy if they want to submit their claim in an alternative jurisdiction compared to the ordinary judge.
Our Lawyers are experienced in representing foreign clients in International Arbitrations in any arbitration institute and in all the dutch cities as Amsterdam, Rotterdam, The hague, Haarlem, Haarlemmermeer, Zoetermeer, Dordrecht, Leida, Utrecht, Delft, Groningen, Maastricht, Alkmaar.
The parties can choose mainly 3 procedure in front of the Nai, but the procedure chosen has to be specified in the arbitration clause. We can underine the 3 tipologies of arbitration:
1) In order to start an Arbitration for the "Small Claims" it is important to underline the main characterstics:
o The case shall not overcome euro 100.000,00 (vat included);
o The administrative cost will be 750 euro, to be paid upfront. The arbitrator will charge 4.500 euro upfront;
o The claimant and the defendant must be set in the Netherands;
o There is only one arbitrator, appointed by the Nai;
o There will be normally one court hearing in Rotterdam in dutch language;
o It is not possible to require seizures or technical evaluations (the appointment of "experts");
2) The Fast Arbitration is a procedure that allows to obtain temporary seizures instead of the award. The procedure is faster than the ordinary procedure. The institute nominates the arbitrator in one day after receiving the claim and decides within one month.
3) The ordinary Nai Arbitration has the following phases:
Links:
Arbitration Institute: http://www.nai-nl.org/en/
Costs of the Arbitraton Institute: http://www.nai-nl.org/en/info.asp?id=1056&name=Arbitration/Costs
Even if in the dutch territory there are several arbitration institutes as l’ICC-International Court of Arbitration and the International Chamber of Commerce), the most famous arbitration institute in the Netherlands is the Netherlands Arbitration Institute (NAI) di Rotterdam.
It happens frequently, especially in the contracts concerning the international sale of goods, that the parties add in the contract an arbitration clause, indicating as the competent institution the Netherlands Arbitration Institute, founded in 1949 and set in Rotterdam and in many other dutch cities.
Our Law Firm in Rotterdam is practical with the Nai Arbitration Rules, Nai Binding Advice Rules and Nai Mediation Rules, plus, of course, the Dutch Civil Procedure Code - the main articles are between 1020 and 1076 -.
The parties can decide to add the arbitration clause in any kind of contract or controversy if they want to submit their claim in an alternative jurisdiction compared to the ordinary judge.
Our Lawyers are experienced in representing foreign clients in International Arbitrations in any arbitration institute and in all the dutch cities as Amsterdam, Rotterdam, The hague, Haarlem, Haarlemmermeer, Zoetermeer, Dordrecht, Leida, Utrecht, Delft, Groningen, Maastricht, Alkmaar.
The parties can choose mainly 3 procedure in front of the Nai, but the procedure chosen has to be specified in the arbitration clause. We can underine the 3 tipologies of arbitration:
- Arbitration for the “Small Claims”
- Fast Arbitration;
- Ordinary Nai Arbitration
1) In order to start an Arbitration for the "Small Claims" it is important to underline the main characterstics:
o The case shall not overcome euro 100.000,00 (vat included);
o The administrative cost will be 750 euro, to be paid upfront. The arbitrator will charge 4.500 euro upfront;
o The claimant and the defendant must be set in the Netherands;
o There is only one arbitrator, appointed by the Nai;
o There will be normally one court hearing in Rotterdam in dutch language;
o It is not possible to require seizures or technical evaluations (the appointment of "experts");
2) The Fast Arbitration is a procedure that allows to obtain temporary seizures instead of the award. The procedure is faster than the ordinary procedure. The institute nominates the arbitrator in one day after receiving the claim and decides within one month.
3) The ordinary Nai Arbitration has the following phases:
- The claimant submit the request of arbitration: our lawyers, after receiving the power of attorney, can draft the request of arbitration on behalf of the Client. It is important to satisfy all the formal requirements of the request of arbitration, especially underlining the arbitration clause, the juridical reasons of the claim, the applicable law, the value of the case and the correct conclusions.
- Notification of the claim to the defendant: the arbitration institute takes care of the notification and it will appoint the arbitrators;
- Defense of the debtor/defendant: the defendant has 14 days to deliver its first answer to the arbitration institute. controparte ha 14 giorni di tempo per costituirsi. The formal answer will be delivered to the arbitration institute after the appointment of the arbitrators;
- Court Hearing: after the statement of claim and the defense drafted by the parties, there will be one or more court hearing to discuss about the case and to show the proves of each party. It is also possible that in this phase the arbitrators will decide to nominate some experts if the subject is technical and they need a supplementary evaluation;
- Decision: After the last court hearing there will be an award issued by the arbitration institute. This award has the same effect of a sentence issued by a civil judge.
Links:
Arbitration Institute: http://www.nai-nl.org/en/
Costs of the Arbitraton Institute: http://www.nai-nl.org/en/info.asp?id=1056&name=Arbitration/Costs
OUR PARTNER LAWYERS IN THE NETHERLANDS
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Lawyer Glenn Haulussy
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OUR OFFICE IN THE NETHERLANDS
ROTTERDAM OFFICE
Marten Meesweg 8/10
3068 AV Rotterdam
Marten Meesweg 8/10
3068 AV Rotterdam