When parties agree to arbitration, they are opting for private dispute resolution. In that case, the regular court no longer has jurisdiction. Instead of judges, arbitrators will rule on the dispute. Is your company involved in an arbitration proceedings? VIOTTA would be pleased to assist you. Our dedicated and driven lawyers have many years of experience in numerous arbitrations.
Arbitration: a brief explanation
While there are many similarities between arbitration and proceedings before a regular court, there are also differences. In arbitration, the dispute is not decided by a regular court, but by one or more private arbitrators. These may be lawyers, accountants or former judges. Just like a decision rendered by a regular court, their decision is binding on the parties.
In arbitration, the parties can usually rely on the specific expertise of the arbitrator(s). Moreover, unlike decisions rendered by regular courts, arbitral awards are generally not published and are usually easy to enforce internationally. This makes arbitration an appealing instrument in the realm of international cooperation.
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Availability of arbitration as an option
The parties must, however, explicitly agree (or have agreed) to arbitration. This can be done, for example, in a contract or in general terms and conditions. Dutch law also provides various options for getting out of an agreed arbitration clause.
Various arbitration institutes
There are various arbitration institutes around the world, each with their own arbitration rules. In the Netherlands, for example, there is the Netherlands Arbitration Institute (NAI) and the Dutch Arbitration Board for the Building Industry (RvA). London is home to the London Court of International Arbitration (LCIA) and Paris to the International Court of Arbitration (ICC). The latter is the most frequently used arbitration institute for commercial disputes.
VIOTTA is at your service
VIOTTA’s litigation lawyers specialize not only in conducting national and international arbitration proceedings before various arbitration institutes (NAI, RvA, LCIA, ICC, UNCITRAL, ICSID), they are also regularly appointed as arbitrators in national and international commercial disputes. This experience enables us to consider your case in the same manner as an arbitrator would, but always with costs in mind so you are not confronted with an unpleasant surprise later on. Get in touch, we would be pleased to help you.
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VIOTTA is a law firm based in Amsterdam, specialising in providing advice in the areas of corporate law, mergers and acquisitions, contract law and corporate & commercial dispute resolution. We advise in transactional matters and litigate in commercial disputes. VIOTTA provides legal advice to its clients on Dutch corporate law matters, such as corporate governance, board structures, directors’ duties and liabilities, joint ventures and other collaborations. VIOTTA advises purchasers, sellers, management and other stakeholders in domestic and cross-border mergers and acquisitions (M&A).