When parties agree to arbitration, they are opting for private dispute resolution. In that case, the normal (regular) court is no longer competent. Instead of judges, arbitrators will rule on the dispute. Is your company involved in an arbitration procedure? VIOTTA is happy to assist you. Our lawyers are driven and involved and have many years of experience in numerous arbitration procedures.
Arbitration: a brief explanation
There are many similarities between arbitration and proceedings before a regular court. However, there are also differences. In arbitration, the dispute is not decided by an ordinary (regular) court, but by one or more private adjudicators. These may be lawyers, accountants or former judges. Just like a decision given 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 given by regular courts, arbitral awards are, in principle not public. And unlike decisions given by regular courts, an arbitral award is usually easy to enforce internationally. This makes arbitration an appealing instrument in international cooperation.
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Applicability of arbitration
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 possibilities to get out of an agreed arbitration clause.
Various arbitration institutes
There are various arbitration institutes around the world 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 widely used arbitration institute for commercial disputes.
VIOTTA is at your service
VIOTTA’s litigation lawyers are not only specialised 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. And always taking into account the costs, so you will not be confronted with an unpleasant surprise afterwards. Contact us, we are happy to help you.
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VIOTTA is a law firm based in Amsterdam and is specialized in advising on the areas of corporate law, mergers and acquisitions, contract law and corporate & commercial dispute resolution. We advise in transactional matters.