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International Arbitration in the Netherlands, with a Commentary on the NAI and PCA Arbitration Rules by MARSMAN

International Arbitration in the Netherlands, with a Commentary on the NAI and PCA Arbitration Rules

By Albert Marsman


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International Arbitration in the Netherlands, With a Commentary on the NAI and PCA Arbitration Rules

Albert Marsman

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.

Publish Date 03/30/2021
Product Line Kluwer Law International
ISBN 9789041156129
SKU 10057314-0002
Table of Contents

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