Arbitral Emergency Proceedings – à la Hollandaise: Twenty Years of Practice
In “Arbitral Emergency Proceedings – à la Hollandaise: Twenty Years of Practice,” Mr. M.L. Verhoeven-de Vries Lentsch and Mr. R. Schellaars review the evolution and practical application of summary arbitral proceedings in the Netherlands over the past two decades. Since its inception in 1998, the Netherlands Arbitration Institute (NAI) has established a significant track record, with over 275 summary arbitral proceedings and 145 awards issued by January 2019.
The NAI’s approach, set forth in its Arbitration Rules of 1 January 2015, allows parties to seek provisional relief from an appointed arbitral tribunal without initiating proceedings on the merits. This unique offering distinguishes itself from other international arbitration institutions, such as the ICC and LCIA, which typically do not allow emergency arbitrators to render awards.
The research conducted by the authors reveals that summary arbitral proceedings are effective for both Dutch and international parties, providing swift and generally enforceable resolutions. Key findings include the high success rate of claimant relief (65%) and the speed of proceedings, with 70% of awards issued within eight weeks. The study highlights the flexibility and creativity in the types of relief granted, ranging from specific performance to monetary payments and injunctions.
The article concludes by encouraging broader use of NAI summary arbitral proceedings and advocating for the removal of the condition requiring a Dutch seat of arbitration to further enhance accessibility for international parties.
