The Netherlands

Abstract This chapter examines the arbitration system of the Netherlands. It first provides a historical background on arbitration law in the Netherlands and an overview of the current status of the law before discussing the distinction between national and international arbitration, along with the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, with particular emphasis on the arbitration agreement itself (eg, arbitration clause and submission agreement, law applicable to the interpretation of arbitration clauses), the issue of arbitrability in the context of international arbitration, and decision on the arbitral tribunal’s jurisdiction (‘competence-competence’). It also describes the constitution of the arbitral tribunal (eg, number and qualification of arbitrators, appointment of arbitrators), the arbitral procedure, the procedure for rendering the arbitral award, and the question of liability of arbitrators. Finally, it analyses the rules for enforcement of national and foreign awards in the Netherlands.