Arbitration

Arbitration and litigation is a core part of the firm's work. We receive high quality instuctions from a whole range of clients in the Shipping and related industries to litigate or arbitrate issues that cannot be resolved in an amicable fashion.We have established a list of key clients and referrers with multi jurisdictional disputes. On 1 December 1986, a new Arbitration Act entered into force in the Netherlands and was incorporated in the Code of Civil Procedure (arts. 1020 - 1076). This Act constituted a complete overhaul of the arbitration law of 1838 and it brought Dutch arbitration law in line with the UNCITRAL Modal Law on International Commercial Arbitration (1985). For the types of disputes our clients get involved with there are two institutions worth mentioning, i.e. the Netherlands Arbitration Institute (NAI), established in 1949, a non-profit organisation in the form of a foundation ("stichting") under Dutch law. The purpose of the NAI is to encourage the use of arbitration, binding advice and other legally regulated means for the prevention, limitation and resolution of disputes. Stichting TAMARA (an acronym for: Transport and Maritime Arbitration Rotterdam Amsterdam) which was established in 1988 by maritime lawyers and interest groups in  shipping, transport and international trade in the Netherlands is of importance. Both the Arbitration Act and the Arbitration Rules of the NAI and TAMARA foundation are sufficiently flexible to suit domestic and international arbitration. Upon request we can provide you with an English translation of the Netherlands Arbitration Act.

Nowadays arbitration is an often used method of dispute resolution with distinct benefits deriving from our services as specialised arbitrators offering an increased flexibility, finality and worldwide enforceability of awards. We have acted in domestic and international arbitrations with a focus on shipping-, energy- and port-related matters, under the rules of e.g. the Netherlands Arbitration Institute, the TAMARA-Institute, the Dutch Forwarders Association, the Chamber of Commerce and Industry of Geneva and the Court of International Arbitration with the International Chamber of Commerce.

Not only do we advise parties, but Arnold van Steenderen is also regularly called upon to act as an arbitrator or as a co-counsel/advisor on Dutch substantive law, procedural law and arbitration law. Next to arbitrating disputes, we can also assist you in drafting arbitration agreements, advise on dispute avoidance and challenging arbitral awards before a competent Dutch Court. If, however, a dispute arises we can help you succeed by providing specialist know-how, quality of service and depth of resources.

NAI Netherlands Arbitration Institute - Arbitration Rules
TAMARA Institute - Arbitration Rules