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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – The Netherlands

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A. LEGISLATION AND RULES A.1 Legislation There are no developments with respect to the Dutch laws on international arbitration. A.2 Institutions, rules and infrastructure The Netherlands Arbitration Institute (NAI) is the largest arbitration institute in the Netherlands. The NAI has its own arbitration rules, which can be found on its website (https://nai.nl/nai-arbitration-rules-and-explanation/). The NAI was expected to introduce new NAI Arbitration Rules in 2023. The rules are not yet in force but do contain some…

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In Europe

Baker McKenzie International Arbitration Yearbook 2020-2021 – The Netherlands

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THE NETHERLANDS Mathieu Raas A. LEGISLATION AND RULES A.1       Legislation Arbitrations that are seated in the Netherlands continue to be governed by the arbitration act of 1 January 2015. No amendments were made since. For those who might be interested in the key differences between the current arbitration act and its prior version from 1986, I refer to my contribution to the 2015/2016 edition of the Baker & McKenzie Arbitration Yearbook.[1] A.2       Institutions, Rules and…

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In Recognition & Enforcement

The Netherlands: Enforcement of Annulled Awards

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On 24 November 2017, the Netherlands Supreme Court rendered a notable judgment in exequatur proceedings in a case governed by the New York Convention.[1] This judgment has international bearing, as it demonstrates how, according to the highest court in the Netherlands, one aspect of the New York Convention must be interpreted and applied in practice. As per the Vienna Convention on the Law of Treaties,[2] which reflects international custom,[3] such leading views must be taken…

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In Arbitration Procedure

The Substantial Involvement of Arbitral Secretaries

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A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that an arbitral secretary was substantially involved? The Russian Federation argues “Yes” and applied in November 2014 to the District Court of The Hague to set aside the so-called Yukos awards. [1] The arbitral secretary in the Yukos case had devoted between 40 % and 70 % more time to the arbitrations than did any of the arbitrators.…

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