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Netherlands Arbitration Law

A. J. van den Berg, R. van Delden, H.J. Snijders

ISBN13: 9789065447708

ISBN: 9065447709

Published: November 1993

Publisher: Kluwer Law International

Country of Publication: The Netherlands

Format: Paperback

Price: £230.00

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Discussing the main issues in Dutch arbitration law, its history and its procedures, this text includes coverage of current developments, such as the privatization of the administration of justice, recent legal decisions and publications.

This edition also contains chapters on international arbitration and arbitration outside the Netherlands. The book should be of value to non-jurists studying law and beginning law students, as well as to arbitrators and practising lawyers.

Contents:: Part 1: history; definition of arbitration - parallel with ordinary courts; kinds of arbitration; system of the Act; applicability and hierarchy of Dutch arbitral procedural law; division of this book.; Part 2 Arbitration compared to state administration of justice: differences in state influence; differences in fundamental principles of procedural law; advantages and disadvantages of arbitration compared to state administration of justice.; Part 3 Arbitration compared to binding advice: what has been agreed upon? Arbitration or binding advice?; differences in main principles; advantages and disadvantages of arbitration compared to binding advice.; Part 4 Arbitration in the Netherlands - essential rules: agreement as a basis; nature of the arbitration agreement; the agreement with arbitrators; the field of application of arbitration; extension of the field of arbitration; parties in an arbitration; further provisions concerning the arbitration agreement; odd number of arbitrators; privileged position of a party in appointing arbitrators unlawful; strict application of the general provisions and strict evidence; arbitration and the jurisdiction of the court.; Part 5 Appointment, challenge, release and termination of the arbitrators' mandate: appointment of arbitrators; statutory regulations concerning the appointment of arbitrators; challenge; release; termination of the mandate of the arbitral tribunal; death of one of the parties; death of arbitrators; appointment/challenge of arbitrators and secretaries engaged by an arbitral tribunal if no place of arbitration has been designated.; Part 6 Treatment of the dispute, the arbitral proceedings: the commencement of arbitral proceedings; the course of the proceedings; the place of arbitration and of the award; personal appearance and representation; equal treatment of parties "Audi et alteram partem"; hearing; examination of witnesses and experts; production of documents; evidence and weight of the evidence; the usual procedure; complications and incidents; string-arbitrations and circle arbitrations; quality arbitrations; the time limit for making the award.; Part 7 Arbitral award.; Part 8 State procedures in response to arbitral award.; Part 9 International arbitration.; Part 10 Arbitration outside the Netherlands (title two).; Part 11 Final, transitional and general provisions. Part contents.