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14 February 2019
The start of 2019 provides the perfect opportunity to review recent developments and initiatives with regard to Dutch arbitration practice. In addition to founding the new Court of Arbitration for Art, which was recently established in The Hague (for further details please see "New Court of Arbitration for Art established"), the Netherlands Arbitration Institute (NAI) recently introduced a new transparency policy.
From the start of 2019, the NAI will publish information pertaining to each arbitration which it administers, including:
The new policy's main aim is to enhance the transparency of arbitral proceedings without harming their confidential nature.
In publishing the policy, the NAI is following in the footsteps of leading arbitral institutions. For example, in 2016 the International Chamber of Commerce (ICC) began publishing the following information for each case which it administers:
The ICC has decided not to publish the names of parties or counsel and has made it possible to opt out of this limited disclosure. The main aims of the ICC's policy are to:
For NAI-administered arbitrations, it is unclear whether parties can opt out of the disclosure.
It remains to be seen how the NAI's enhanced transparency policy will develop over time. However, this is a promising step which will hopefully contribute to a more cost-effective, efficient and credible arbitration practice in the Netherlands.
For further information on this topic please contact Jeroen van Hezewijk or Sandra Coelen at Freshfields Bruckhaus Deringer LLP by telephone (+31 20 485 7000) or email (firstname.lastname@example.org or email@example.com). The Freshfields Bruckhaus Deringer LLP website can be accessed at www.freshfields.com.
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