Arbittration Rules of Netherlands Arbitration Institute (5)
Article 50 - Notification and Deposit of Award
1. Upon receipt of the award the Administrator, on behalf of the arbitral tribunal, shall ensure that without delay:
(a) a copy of the award is communicated to each of the parties by registered mail;
(b) a final award, or partial final award, rendered in the Netherlands is deposited with the registry of the district court within whose district the place of arbitration is located.
2. The Administrator shall inform the parties and the arbitral tribunal as soon as possible in writing of the date of the deposit mentioned in the previous paragraph under (b).
3. A copy of the award shall be kept in the archives of the NAI for a period of ten years. During this period, parties may request the Administrator for a certified copy of their award, against payment of the costs therefor.
Article 51 - Res Judicata of Award
An arbitral award shall bind the parties from the day it is rendered. By agreeing to arbitration by the NAI or in accordance with the NAI Rules, the parties shall be deemed to have undertaken to carry out the resulting award without delay.
Article 52 - Rectification or Correction of Award
1. No later than 30 days after the date of deposit referred to in Article 50(1)(b), a party may request the arbitral tribunal to rectify a manifest computation or clerical error in the award.
2. If the details referred to in Article 49(2)(a), (b), (i) and (j) are stated incorrectly or are partially or wholly absent from the award, a party may, no later than 30 days after the date of deposit of the award referred to in Article 50(1)(b), request that the arbitral tribunal correct the mistake or omission.
3. This request shall be submitted to the Administrator in writing, in five copies. The Administrator shall communicate a copy of the request to the other party and to the arbitral tribunal.
4. The arbitral tribunal may, also on its own initiative, no later than 30 days after the date of deposit of the award referred to in Article 50(1)(b), make the rectification referred to in paragraph (1), or the correction referred to in paragraph (2).
5. In the event that the arbitral tribunal makes the rectification or correction, it shall record it in a separate document which shall be deemed to form part of the award. This document shall be made in four copies and shall contain:
(a) the details referred to in Article 49(2)(a) and (b);
(b) a reference to the award to which the rectification or correction pertains;
(c) the rectification or correction;
(d) the date of rectification or correction, provided that the date of the award to which the rectification or correction pertains shall remain conclusive;
(e) a signature to which the provisions of Article 48 apply.
6. The document referred to in the previous paragraph shall be communicated to the Administrator as soon as possible after it is signed. The Administrator shall communicate it to the parties and deposit it with the registry of the district court; the provisions of Article 50 shall apply accordingly. The document shall be attached to the copies of the arbitral award to which it pertains.
7. If the arbitral tribunal denies the request for rectification or correction, it shall inform the parties in writing thereof through the intermediary of the Administrator.
8. In case of an interim arbitral award, the provisions of this Article shall apply accordingly, it being understood that the request referred to in paragraphs (1) and (2) may be made no later than thirty days after receipt of the award.
Article 53 - Additional Award
1. If the arbitral tribunal has failed to decide on one or more matters which have been submitted to it, a party may, no later than thirty days after the date of deposit of the award referred to in Article 50(1)(b), request the arbitral tribunal to render an additional award.
2. This request shall be submitted to the Administrator in writing, in five copies. The Administrator shall communicate a copy of the request to the other party and to the arbitral tribunal.
3. Before deciding on the request, the arbitral tribunal shall give the parties the opportunity to be heard.
4. An additional award shall be regarded as an arbitral award to which the provisions of this section shall apply.
5. If the arbitral tribunal rejects the request for an additional award, it shall inform the parties in writing through the intermediary of the Administrator. A copy of this notification, signed by an arbitrator or by the secretary of the arbitral tribunal, shall be deposited with the registry of the district court, in accordance with the provisions of Article 50(1)(b). The provisions of Article 50(2) and (3) shall apply accordingly.
Article 54 - Arbitral Award on Agreed Terms
1. If during the arbitration proceedings the parties reach a settlement, the contents thereof may, at their joint request, be recorded in an arbitral award. The arbitral tribunal may deny the request without giving reasons.
2. An arbitral award recording a settlement between parties shall be regarded as an arbitral award to which the provisions of this section apply, provided that:
(a) notwithstanding the provisions of Article 49(2)(e), the award does not need to contain reasons; and
(b) the award is also signed by the parties.
Article 55 - Publication of Award
Unless a party communicates in writing to the Administrator his objections thereto within one month after receipt of the award, the NAI shall be authorized to have the award published without mentioning the names of the parties and deleting any further details that might disclose the identity of the parties.
SECTION SIX - COSTS
Article 56 - Costs in General
The costs of the arbitration include the costs which, in the opinion of the arbitral tribunal, were necessarily incurred in the arbitration as well as the administration costs and the fees and disbursements of the arbitrator(s).
Article 57 - Administration Costs
1. Upon commencement of the arbitration, a fixed amount for administration costs shall be due from the claimant to the NAI, to be determined in accordance with the provisions of the next paragraph. The Administrator shall notify the claimant of this amount as soon as possible after receipt of the request for arbitration.
2. The administration costs shall be determined on the basis of a schedule fixed by the Governing Board, which schedule is contained in the Appendix to these Rules. This schedule may be revised from time to time by the Governing Board in accordance with the provisions of Article 67. If the administration costs cannot be determined on the basis of said schedule, the Administrator shall decide thereon.
3. In case of a counterclaim, administration costs shall also be due from the respondent, to be determined in accordance with the provisions of the previous paragraph.
4. In case a claim or counterclaim is increased, additional administration costs, to be determined in accordance with the provisions of paragraph (2), shall be due from the claimant or the respondent, respectively.
5. The Administrator shall be in charge of collecting the administration costs that are due. If a party fails, within 14 days after a second reminder in writing by the Administrator, to pay the administration costs due, he shall be deemed to have withdrawn his claim or counterclaim, as the case may be.
6. If a claimant withdraws his request for arbitration before transmission of the arbitration file to the arbitrator(s), half of the administration costs as paid by him shall be reimbursed to him. The same shall apply if a respondent withdraws his counterclaim before transmission of the arbitration file to the arbitrator(s). In all other cases, no administration costs will be reimbursed.
7. If parties have agreed only to appointment of arbitrator(s) by the NAI as referred to in Article 14(7), half of the administration costs shall be due from the petitioner.
Article 58 - Fees and Disbursements of Arbitrators
1. The fees of the arbitrator(s) shall be determined by the Administrator after consultation with the arbitrator(s). In determining the fees, the time spent on the case by the arbitrator(s), the amount in dispute and the complexity of the case shall be taken into account.
2. The disbursement of an arbitrator include, among other things, reasonable costs for travel and lodging; secretarial assistance; meeting and/or deliberation rooms; mailing and telephone, telex and telefax.
Article 59 - Deposit for Costs
1. The Administrator shall be authorized to require that the claimant pay a deposit from which, to the extent possible, the fees and disbursements of the arbitrator(s) are to be paid. If the respondent has introduced a counterclaim, the Administrator may require him to pay a deposit as well.
2. The deposit referred to in the previous paragraph shall also serve to pay the costs of depositing the award at the registry of the district court. The costs of a secretary, an expert appointed by the arbitral tribunal, technical assistance and interpreter shall also be paid from the deposit, if and to the extent that such costs were incurred by the arbitral tribunal.
3. As soon as possible after the arbitration file is transmitted to it, the arbitral tribunal shall consult with the Administrator on the expected volume of work for the purpose of determining the amount of the deposit.
4. The Administrator may at all times require that the claimant and/or the respondent pay an additional deposit.
5. The Administrator shall notify the arbitral tribunal of the deposit.
6. The arbitral tribunal shall be authorized to suspend the arbitration with regard to the claim or the counterclaim, as the case may be, until the party concerned has paid the deposit required of him. If, within 14 days after a second reminder in writing by the Administrator, a party does not pay the deposit required of him, he shall be deemed to have withdrawn his claim or counterclaim, as the case may be.
7. The NAI shall not be liable for payment of any costs which are not covered by a deposit. No interest shall be paid on the amount of a deposit.
Article 60 - Costs of Legal Assistance
The arbitral tribunal may award against the losing party the costs of legal assistance incurred by the party in whose favour the award is rendered if and to the extent that these costs are deemed necessary by the arbitral tribunal.
Article 61 - Determination and Award of Costs
1. The arbitral tribunal shall determine the costs of the arbitration, having regard to the provisions of Article 58(1).
2. The losing party shall be condemned to bear the costs, except in special cases at the discretion of the arbitral tribunal. If both parties have lost in part, the arbitral tribunal may divide the costs between them, wholly or in part.
3. In awarding the costs, the arbitral tribunal shall take into account the deposit made in accordance with Article 59. To the extent that a deposit made by a party is used to pay costs that were awarded against the other party in accordance with the provisions of the previous paragraph, the latter party shall be condemned to reimburse the former party for these costs.
4. Costs may also be awarded if they were not expressly claimed by a party.
Article 62 - Costs in Case of Premature Termination
1. If an arbitrator is released from his mandate before the last final award, he may claim reasonable compensation for the work performed by him, with the exception of special circumstances as determined by the Administrator. This compensation shall be determined by the Administrator and shall fall under the costs of the arbitration. It will be included by the arbitral tribunal in the determination and award of costs in accordance with the provisions of Article 61.
2. If the mandate of the arbitral tribunal is terminated before the last final award, the arbitrator or arbitrators may also claim reasonable compensation for the work performed by them, to be determined by the Administrator, unless termination takes place on the ground that the mandate was performed in an unacceptably slow manner.
3. In case of a decision that jurisdiction is lacking, the provisions of this Article shall apply accordingly, provided that the costs as determined shall be awarded against the claimant.
SECTION SEVEN - FINAL PROVISIONS
Article 63 - Violation of Rules
In case of an action violating any provision of these Rules or a failure to act in accordance with any provision of these Rules, a party shall object thereto in writing as soon as possible after the violation became known to him, on pain of being barred from doing so thereafter, in the arbitral proceedings or in court proceedings.
Article 64 - President Who Has Jurisdiction
If the place of arbitration is within the Netherlands, the President of the District Court of Rotterdam shall have jurisdiction in the matters referred to in Article 1027(3) CCP with regard to the appointment of the arbitrator(s), Article 1028 CCP with regard to the privileged position of a party in the appointment of the arbitrator(s), Article 1035(2) CCP with regard to the challenge of an arbitrator, and Article 1041(2) CCP with regard to the examination of an unwilling witness.
Article 65 - Unforeseen Matters
In all matters not provided for in these Rules, the spirit of these Rules shall be followed.
Article 66 - Exclusion of Liability
The NAI, a member of its Governing Board personally, the Administrator or an arbitrator cannot be held liable for any action or failure to act with regard to an arbitration governed by these Rules.
Article 67 - Amendment of Rules
1. The Governing Board may at all times amend these Rules. Such amendments shall have no effect with regard to arbitrations that have already been commenced.
2. These Rules shall apply in the form as they are in force at the time the arbitration is commenced.
Tags: International-Arbitrage