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International Arbitration in the Netherlands

With a Commentary on the NAI and PCA Arbitration Rules

Gebonden Engels 2021 9789041156129
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The Netherlands, long known for its encouragement and facilitation of arbitration as a forum for the resolution of international disputes, frequently draws multinational corporations, States, and international organizations from all parts of the world for the conduct of international arbitration. Over the past decades, several of the world’s largest international arbitrations have been seated in the Netherlands, including numerous investment arbitrations under the auspices of the Permanent Court of Arbitration (PCA) in The Hague.

This book, written by a highly experienced international arbitration counsel with extensive input from members of the author’s firm, is the most detailed English-language commentary and analysis on how international arbitrations seated in the Netherlands proceed under the most commonly used sets of arbitration rules and contrasts the conduct of international arbitrations in the Netherlands with that in other jurisdictions.

Fully explicating the primary sources of Dutch arbitration law – the Netherlands Arbitration Act of 2015 and its predecessor of 1986, its legislative materials, and published case law – the book includes such invaluable features as the following:
- the most detailed commentary on the Netherlands Arbitration Act available in the English language;
- 1,400 references to decisions of the Dutch State courts and arbitral tribunals seated in the Netherlands;
- more than 850 references to the legislative materials;
- extensive description of distinctions with the arbitration laws of England, France, Switzerland, Sweden, Singapore, as well as the UNCITRAL Model Law.

In addition, the book contains a commentary on the arbitration rules of the most prominent arbitral institution in the Netherlands for the conduct of commercial arbitration, the Netherlands Arbitration Institute (NAI), and of the most prominent arbitral institution for the conduct of investment arbitration, the PCA:
- complete commentary on the most recent version of the NAI Arbitration Rules;
- commentary on the most recent version of the PCA Arbitration Rules; and
- extensive description of distinctions as between the NAI Arbitration Rules and the PCA Rules on the one hand, and the ICC Rules 2021 and the UNCITRAL Rules 2013 on the other.

Arbitration practitioners, jurists, and academics worldwide are sure to appreciate the book’s incomparable scope and attention to detail.


Aantal pagina's:748


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About the Author
Frequently Used Abbreviations
Note on References
Legislative Materials
Other Sources

1. The Netherlands as a Place for International Arbitration
2. A Short History of Dutch Arbitration Law
3. Sources of Dutch Arbitration Law
4. Scope of Application and Structure of the Netherlands Arbitration Act
5. The Arbitration Agreement
6. The Arbitral Tribunal
7. Jurisdiction
8. The Arbitral Proceedings
9. Claims, Counterclaims and Amendments of Claim
10. Evidence
11. Interim Measures
12. Joinder, Consolidation and Multi-Party Disputes
13. Confidentiality and Transparency
14. The Award
15. Arbitral Appeal
16. State Court Proceedings in Aid of Arbitration
17. Recognition and Enforcement of Arbitral Awards
18. Setting Aside of the Award
19. Revocation of the Award
20. Investment Arbitration in the Netherlands
21. Introduction to NAI Arbitration
22. Institutional Structure of the NAI
23. Commencement of the Arbitration: Articles 7 through 10
24. Appointment and Challenge of Arbitrators: Articles 11 through 20
25. Conduct of the Proceedings: Articles 21 through 34
26. Interim Measures: Articles 35 and 36
27. Participation of Third Parties: Articles 37 through 39
28. The Award: Articles 40 through 51
29. Costs: Articles 52 through 57
30. Final Provisions: Articles 58 through 62
31. The Court of Arbitration for Art
32. The PCA Arbitration Rules
33. Introductory Rules: Articles 1 through 6
34. Composition of the Tribunal: Articles 7 through 16
35. Arbitral Proceedings: Articles 17 through 32
36. The Award: Articles 33 through 43

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