The New Arbitration Rules of the Netherlands Arbitration Institute

On 15 February 2024, the Netherlands Arbitration Institute (NAI) published their new Arbitration Rules (2024 Rules), which came into force on 1 March 2024 and apply to arbitrations commenced on and after this date. There are many changes, when comparing the 2024 Rules to the 2015 NAI Arbitration Rules, that aim to make dispute resolution more efficient. Many of the updates follow similar changes made by other arbitral institutions around the world and aim to ensure that arbitration under the 2024 Rules will be managed efficiently, sustainably and follow leading practice from other jurisdictions. In this article we will take a look at the main amendments in the 2024 Rules in comparison with the 2015 NI Arbitration Rules, with a focus on practical implications for businesses. 

Key changes

Firstly, the 2024 Arbitration Rules introduce an expedited arbitration procedure (Article 42). Using this option will be possible when three cumulative conditions are met: 

(i) the arbitration agreement was entered into on or after 1 March 2024,
(ii) the total claimed amount does not exceed one million euros, and 
(iii) the parties did not opt out of the expedited rules. 

Whether expedited arbitration is appropriate to the particular dispute before the Tribunal is addressed in the newly required case management conference (Article 26), which takes place no later than three weeks after the arbitral Tribunal has received the arbitration file. The Tribunal may also address, among other things, the monetary interest of the claim/s, the need for witness evidence or document production,…