Dutch legislation on arbitration

The relationships of the parties with arbitrators, arbitrator-appointed experts, the Netherlands Arbitration Institute, the Authentication in Art, and the Court of Arbitration for Art Foundations shall be governed exclusively by Netherlands law and shall be subject to the exclusive jurisdiction of the Rotterdam District Court as are the relationships of arbitrators and arbitrator-appointed experts with those Foundations.

The arbitral tribunal is seated in The Hague, Netherlands. The parties may be seated anywhere else in the world and the hearing can take place anywhere the parties and tribunal deem fit. This means that the Netherlands Arbitration Act applies to the arbitration generally. The courts of The Hague have supervisory jurisdiction.

The CAfA Arbitration Rules provide that an arbitral tribunal may seek guidance from the International Bar Association Rules on the Taking of Evidence in International Arbitration (“IBA Evidence Rules”), which provide mechanisms and procedures for the disclosure and presentation of documents, witnesses of fact, party-appointed experts, tribunal-appointed experts, inspections, evidentiary hearings, and the admissibility and assessment of evidence. Those IBA Evidence Rules shall, however, not be binding on the arbitral tribunal unless the parties have so provided in their arbitration agreement or the arbitral tribunal has adopted them as such.

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. The translation has been published in the NAI Arbitration Rules booklet. Nothing from the English translation of the Dutch Code of Civil Procedure may be reproduced, stored in a database and/or published in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of the Netherlands Arbitration Institute.