Transposition table NAI Arbitration Rules 1 January 2010 – NAI Arbitration Rules 1 January 2015
NAI Arbitration Rules 1 January 2010
Article
Subject
SECTION ONE - GENERAL
Definitions
1
Field of application (arbitration)
2
Field of application (binding advice)
3
Notices
4
Periods of time
5
SECTION TWO - COMMENCEMENT OF ARBITRATION
Request for arbitration
6
Short answer
7
Purpose of request for arbitration and
short answer
8
Plea as to lack of arbitration agreement
9
SECTION THREE - APPOINTMENT OF ARBITRATORS
Impartiality and independence of
arbitrators
10
Disclosure in case of doubt as to
impartiality and independence
11
Number of arbitrators
12
Method of appointment as agreed by the
parties
13
List-procedure
14
15
Letter of appointment; acceptance of
mandate; notice of appointment to
parties
Nationality of arbitrator
16
Release from mandate
17
Replacement of arbitrator
18
[Deleted]
19
SECTION FOUR - PROCEDURE
Arbitration file and communications
20
NAI Arbitration Rules 1 January 2015
Subject
Article
SECTION ONE - GENERAL
Definitions
1
Scope
2
[Deleted]
Communications
3
Time limits
4
SECTION TWO - COMMENCEMENT OF ARBITRATION
Request for arbitration
7
Short answer
8
Purport of the request for arbitration and
the short answer
9
Plea as to the non-existence of an
arbitration agreement
10
SECTION THREE - THE ARBITRAL TRIBUNAL
11
The arbitrator
11
12
The arbitrator
Number of arbitrators
13 and 16(1)
14 and 13(5)
Appointment of the arbitral tribunal
List procedure
New 15
Appointment in the event of multiple
claimants and/or respondents
16
11(1), 13(3,4) and 14(4)
17
18
19
Confirmation of appointment
The arbitrator; appointment of the
arbitral tribunal; list procedure
Release from mandate
Replacement of an arbitrator
Challenge
Communications
3(5)
SECTION FOUR - THE PROCEDURE (GENERAL)
21
22
Representation of and assistance for
parties
Place of arbitration
21(6)
21 (7,8)
Procedure in general
Procedure in general
23
24
25
26
27
28
29
30
31
32
Procedure in general
Exchange of memorials
Counterclaim
Hearing
Evidence in general
Production of documents
Witnesses
Experts (party-appointed)
Experts (tribunal-appointed)
Site inspection
21 and 22
23
24
25
26
27
28 and 26(2)
28 and 26(2)
29
30
Procedure in general; File dispatch and
determination of rules of procedure
Exchange of statements
Counterclaim
Hearing
Evidence in general
Production of documents
Witnesses and experts
Witnesses and experts
Assistance to the arbitral tribunal
On-site inspection
33
34
Order for appearance in person of parties 31
Amendment of claim
32
Personal appearance of the parties
Amendment of claim
35
36
Withdrawal of request for arbitration
Default
37
38
Summary arbitral proceedings after the
appointment of the arbitral tribunal on
the merits
Provision measures other than in
summary arbitral proceedings
39
40
Tribunal secretary; technical assistance
Language
41
Third parties
Non-compliance of a party with
provisions contained in section four
42
SECTION FOUR A - SUMMARY ARBITRAL PROCEEDINGS
42a - 42o
SECTION FIVE - AWARD
Period of time for rendering award
43
Types of award
44
Decision according to rules of law or as
amiable compositeur
45
Applicable law
46
Trade usages
47
Decision making; signing of award
48
Form and contents of award
49
Notification and deposit of award
50
Res judicata of award
51
Rectification or correction of award
52
Additional award
53
Arbitral award on agreed terms
Confidentiality and secrecy; publication
of award
55
SECTION SIX - COSTS
Costs in general
56
Adminstration costs
57
54
58
59
60
Fees and disbursements of arbitrators
Deposit for costs
Costs of legal assistance
61
Determination and award of costs
Costs in case of premature termination
62
SECTION SEVEN - FINAL PROVISIONS
Violation of rules
63
District Court prelimanary relief judge
having jurisdiction
64
Unforeseen matters
65
Exclusion of liability
66
Amendment of rules
67
Withdrawal of a request for arbitration
33
Default of a party
34
SECTION FOUR A - PROVISIONAL RELIEF
35 and 36
Provisional relief in general; Summary
arbitral proceedings
Provisional relief in general
Secretary; Assistance to the arbitral
tribunal
20 and 29(6)
Language
5
SECTION FOUR B - THE PROCEDURE AND THIRD PERSONS
Joinder and intervention; Impleader
37 and 38
Consolidation
New 39
35
21(5)
Procedure in general
Provisional relief in general; Summary
arbitral proceedings
35 and 36
SECTION FIVE - THE AWARD
Time limit
40
Types of award
41
42 and 62(3)
42
42
43
44
45
46
47
48
Nieuw 49
50
6 and 51
SECTION SIX - COSTS
52
53
Measure for decision-making
Measure for decision-making
Measure for decision-making
Decision and signing
Contents of the award
Sending and deposit of the award
Binding effect of the award
Rectification of the award
Additional award
Remission during setting aside
proceedings
Arbitral award on agreed terms
Confidentiality; Publication of the award
Cost of the arbitration
Administration costs
Arbitrator fees and disbursements
Deposit
Costs of legal assistance
Determination of arbitration costs and
order
57
Determination of arbitration costs and
order
57(5)
SECTION SEVEN - FINAL PROVISIONS
Timely objection
58
54
55
56
59
60
61
62
Competent provisional relief judge
Contingencies
Limitation of liability
Amendment of the Rules