Today, we have had five years experience with the new arbitration law. The new dutch arbitration act significantly improves theposition of the netherlands as a strong competitive arbitration jurisdiction by modernizing statutory provisions and making procedures more attractive to international parties. Under the proposed new dutch arbitration act, annulment applications would be brought at first instance before the court of appeal of the hague. A revision of the dutch arbitration act has recently been adopted by parliament and will apply to arbitral proceedings initi ated on or after 1 january 2015. Originally from baker and mckenzie international arbitration yearbook 2014 2015 a. Moreover, the dutch courts have a strong track record in bigticket set aside and enforcement proceedings and the modern dutch arbitration act 2015 provides for. On 1 january 2015 the new dutch arbitration act entered into force. The netherlands is an arbitrationfriendly jurisdiction and arbitration has long been recognised and supported as the most important method of alternative dispute resolution. The nai is an efficient alternative to icc and lcia due to its concise and simple arbitration rules the nai rules 2015, which provide for institute appointed arbitrators. The arbitration and conciliation amendment act, 2015. On 1 january 2015 the new dutch arbitration act the new act entered into force replacing the former dutch arbitration act of 1986 the former act. The new dutch arbitration act and the new nai arbitration. The new dutch arbitration act 2015 kluwer arbitration blog the nai is the largest general arbitration institute in the netherlands, a solid and innovative organisation with by far the most experience with and knowledge of different forms of adr. Apart from the provisions regarding the recognition and enforcement of foreign arbitral awards, title.
Dutch arbitration act, code of civil procedure, book iv 1986 wetboek van. In an attempt to make india an arbitration friendly jurisdiction, india brought in the new year 2016 with a new arbitration law the arbitration and conciliation amendment act, 2015, which took effect on 1 january 2016. Arbitration and conciliation amendment act, 2015 key changes and circumstances leading to the amendments ms. Nothing from the english translation of the dutch code of civil procedure may be reproduced, stored in a database andor published in any form or by. The minister of justice, in response to questions posed by parliament on the 2015 revision of the dutch arbitration act, reiterated that confidentiality is the rule and public access the exception. Setting aside proceedings are now commenced directly before the court of appeal and professional parties can. Provided that parts i, iii and iv shall extend to the state of jammu and kashmir only in so far as they relate to international commercial arbitration or, as the case may be, international commercial conciliation. Arbitration act 1996 is up to date with all changes known to be in force on or before 15 april 2019. Although confidentiality is a generally accepted principle in arbitration, there is no specific provision for it in the dutch arbitration act. Compared to the 1986 arbitration act, the 2015 arbitration act strengthens the finality of arbitration awards rendered in the netherlands by limiting the duration and potential scope of setting aside proceedings. Be it enacted by parliament in the sixtysixth year of the republic of india as follows. New dutch arbitration act insights greenberg traurig llp. Although in principle appeal to the supreme court is possible thereafter, parties may exclude this possibility and.
Through this new act, more alignment was sought with the uncitral model law to improve the competitive position of the netherlands, internationally, as an arbitration jurisdiction. Arbitration clauses that require parties to submit all disputes to arbitration are widely used in domestic consumer and employment contracts. The netherlands arbitration act, as adopted by dutch parliament on. The dutch arbitration community has recognised this perceived disadvantage. On 1 january 2015 the new dutch arbitration act came into force in the netherlands.
Arbitration in the netherlands the 2015 dutch arbitration act. Arbitration is a disputeresolution process in which the parties select a neutral third party to resolve their claims. Arbitration and conciliation act 1996 via arbitration ordinance 2015 the government of india decided to amend the arbitration and conciliation act, 1996 by introducing the arbitration and conciliation amendment bill, 2015 in the parliament. The netherlands arbitration institute has procured a translation of the dutch arbitration act, which serves as an unofficial translation of the text of the act. Uncitral model law on international commercial arbitration. Determining the place of arbitration in icsid additional. Kluwer law international, 2009, isbn 9789041127341. The revised dutch arbitration act 2015 codifies best practices in international arbitration. In sweden changes to the arbitration act were introduced in 1999.
Netherlands baker and mckenzie international arbitration. Article 227a1 of book 6 of the civil code shall apply mutatis mutandis. On january 1, 2015, the revised dutch arbitration act the new act, entered into force. Moreover, the arbitration and conciliation act, 1996 did little to address these issues. Provided that parts, i, iii and iv shall extend to the state of jammu and kashmir only in so far as they relate to international commercial arbitration or, as the case may be, international commercial conciliation. Abstract the president of india promulgated the arbitration and conciliation amendment ordinance, 2015 on october 23, 2015 with a view to amend the arbitration and conciliation act, 1996. With respect to the precedential effect of prior awards, as a practical matter this is as much a. To view this article you need a pdf viewer such as adobe reader. Revised articles of the model law on international commercial arbitration of the united nations commission on international trade law, and the recommendation regarding the interpretation of article ii, paragraph 2, and article vii, paragraph 1, of the convention on the recognition and. New arbitration act enters into force as of 1 january 2015 houthoff. Wetboek van burgelijke rechtsvordering, however the provisions have been updated and modernized.
The arbitration agreement may also be proven by electronic data. Overall, the dutch arbitration act aims to facilitate efficiency and flexibility of the proceedings, while simultaneously offering a more costeffective means for dealing with both domestic and international disputes. He is admitted to the bars of colombia, new york usa, paris france and. The new dutch arbitration act significantly improves the position of the netherlands as a strong competitive arbitration jurisdiction by modernizing statutory provisions and making procedures more attractive to international parties. The new dutch arbitration act 2015 kluwer arbitration blog. Each arbitration taking place in the netherlands, regardless of the nationality of the parties or the subject matter of the arbitration, is subject to book 4 of the dutch code of civil procedure dccp, also referred to as the dutch arbitration act. Until 2015, arbitral awards had to be deposited at the court in the court district of the place of arbitration. The netherlands is an arbitration friendly jurisdiction and arbitration has long been recognised and supported as the most important method of alternative dispute resolution. The revised dutch arbitration act 2015 codifies best practices in international arbitration law, maximises party autonomy, reduces the administrative burden in arbitral. Parties typically agree to arbitrate in order to avoid the time, expense, and complexity of litigation. Like its predecessor, the new act s provisions apply equally to domestic and international commercial arbitration proceedings. Recent changes to the dutch arbitration act and the nai arbitration rules allow for further tailormaking 19 march 2015.
An act to amend the arbitration and conciliation act, 1996. Spanish minister of justice to draft spains new arbitration act law 60 of 23 december 2003. The new act entered into force on 1 january 2015 in relation to arbitrations commenced on or after 1 january 2015. The new dutch arbitration act is based on proposed amendments to the former dutch arbitration act, which were drafted by a group of arbitration specialists chaired by professor dr. International arbitration freshfields bruckhaus deringer. Pdf enforcement of emergency arbitrators decisions. On jan 1, 2015, the revised dutch arbitration act act entered into force, replacing the 1986 version of the act. Barbara rumorascheltema and bo ra hoebeke, the new dutch. If the parties have agreed an even number of arbitrators, the arbitrators shall appoint an additional arbitrator who shall act as the chairman of the arbitral tribunal. By act of 2 june 2014 bulletin of acts and decrees 2014, 200, which came into effect on 1 january 2015, dutch arbitration law was revised fairly substantially. Arbitragem nos paises baixos o arbitration act holandes. The translation has been published in the nai arbitration rules booklet.
The arbitration and conciliation act, 1996 26 of 1996 as amended by the arbitration and conciliation amendment act, 2015 3 of 2016 the international centre for alternative dispute resolution plot no. As of the 1st of january 2015, the new dutch arbitration act entered into force, replacing the dutch arbitration act of 1986. Arbitration in the netherlands netherlands commercial court. The arbitration agreement shall be proven by an instrument in writing.
In the same year, the new rules of the netherlands arbitration institute came into force and were amended in 2001. It nevertheless remains for the parties to decide whether to include a confidentiality provision in their arbitration agreement, or to opt. This version of this act contains provisions that are prospective. Edward ted kaufman and michael leavitt presidential transitions improvements act of 2015. The new act is an amendment to the former dutch arbitration act, which dates back to 1986, many aspects of which remain unchanged in the new act. Nothing from the english translation of the dutch code. Translation into russian of book four of the dutch code of. Recent changes to the dutch arbitration act and the nai. The amendments regard book iv of the dutch code of civil procedure and some provisions of the dutch civil code. On 1 january 2015 the new dutch arbitration act the new act entered into. The new 2015 act is still contained in book 4 arts 10201077 of the dutch code of civil procedure dccp in dutch. In this overview, the highlights of the new dutch arbitration act will be discussed.