Title 1

Parties may by agreement submit to arbitration disputes which have arisen or might arise between them out of a defined legal relationship, whether or…

The arbitration agreement shall be proven by an instrument in writing. For this purpose, an instrument providing for arbitration or referring to…

The court before which a dispute has been brought in respect of which an arbitration agreement has been concluded shall declare that it lacks…

An arbitration agreement does not prevent a party from petitioning the ordinary court for a measure to preserve rights or from applying to the relief…

An arbitration agreement does not prevent a party from petitioning the ordinary court to order one or more provisional measures for the taking of…

If, in the cases referred to in Articles 1022a and 1022b, a party, before submitting any other defense, invokes the existence of an arbitration…

Any natural person with the capacity to perform legal acts may be appointed as an arbitrator. No person shall be excluded from appointment by reason…

The submission agreement shall contain a description of the matters which the parties wish to submit to arbitration.

In the event of an arbitration clause, a case is pending on the day of receipt of a written notification by which a party informs its counterparty…

An arbitral tribunal shall consist of an uneven number of arbitrators. It may also consist of a single arbitrator.

The arbitrator or arbitrators shall be appointed in the manner agreed upon by the parties. The parties may entrust the appointment of the arbitrator…

If by agreement or otherwise a privileged position has been granted to one of the parties in the appointment of the arbitrator or arbitrators, any of…

An arbitrator accepts his mandate in writing. An arbitrator may only be released from his mandate in the cases referred to in paragraphs 2 to 5…

An arbitrator who has been released from his mandate pursuant to Article 1029, paragraph 2, 3 or 4, or an arbitral tribunal that has been released…

The parties may jointly terminate the mandate of the arbitral tribunal.

An arbitrator may be challenged if justifiable doubts exist as to his impartiality or independence.

A person approached to serve as an arbitrator who suspects that he could be challenged shall give notice thereof in writing to the person who…

The challenging party shall notify the challenged arbitrator, the other party and, if the arbitral tribunal consists of multiple arbitrators, the…

If the arbitral tribunal is assisted by a secretary, Articles 1033 to 1035 inclusive shall apply mutatis mutandis.

Without prejudice to the provisions of mandatory law in this Title, the arbitral proceedings shall be conducted in the manner agreed upon by the…

The place of arbitration shall be determined by the parties by agreement and, in the absence thereof, by the arbitral tribunal. By the determination…

The parties may appear in the proceedings in person or be represented by an advocate or by a person specifically authorised in writing for that…

Unless the parties have agreed otherwise, the claimant and the respondent shall be given the opportunity by the arbitral tribunal to submit a…

The arbitral tribunal shall, at the request of either party or on its own motion, provide the parties with the opportunity to present their case…

A counterclaim is admissible if the same arbitration agreement as that on which the claim is based applies thereto, or if that same arbitration…

A party may change or increase its claim or counterclaim, respectively, or the grounds thereof, during the arbitral proceedings, provided that the…

The rules of evidence, the admissibility of the evidence, the burden of proof and the assessment of the evidence shall be at the discretion of the…

Unless the parties have agreed otherwise, the statements referred to in Article 1038a shall, as far as possible, be accompanied by the documents on…

The arbitral tribunal may, at the request of one of the parties or of its own motion, order the parties to provide evidence by hearing witnesses and…

If a witness does not appear voluntarily or, having appeared, refuses to give a statement, the arbitral tribunal may allow the party so requesting to…

Unless the parties have agreed otherwise, the arbitral tribunal may appoint one or more experts to issue an opinion. The arbitral tribunal may…

The arbitral tribunal may, at the request of one of the parties or of its own motion, in or outside the Netherlands, conduct a site visit or inspect…

The arbitral tribunal may, at any stage of the proceedings, order the personal appearance of the parties for the purpose of providing information or…

If the claimant, despite having been given a proper opportunity to do so, fails to submit its claims or to explain them properly, without stating…

During a pending arbitral proceeding on the merits, the arbitral tribunal may, at the petition of one of the parties, grant a provisional measure…

Unless the parties have agreed otherwise, the arbitral tribunal may, through the intervention of the provisions judge (voorzieningenrechter) of the…

Unless the parties have agreed otherwise, the arbitral tribunal may, upon the written petition of a third party who has an interest in arbitral…

Upon written petition of a party, the arbitral tribunal may permit said party to summon a third party in indemnity (vrijwaring) in writing, provided…

With respect to arbitral proceedings pending in the Netherlands, a party may request a third party designated for that purpose by the parties to…

In the case of arbitration concerning matters as referred to in Article 1020, paragraph 4, under (a), the provisions of this Section shall remain…

The determination of the time at which the award shall be rendered is reserved to the arbitral tribunal.

A party who has appeared in the proceedings shall, without unreasonable delay, lodge an objection with the arbitral tribunal, with a copy to the…

The arbitral tribunal may render an entire or partial final award or an interim award. An entire or partial final award occurs when the relief sought…

The arbitral tribunal is entitled to rule on its own jurisdiction.

The arbitration agreement shall be considered and assessed as a separate agreement. The arbitral tribunal has the power to decide on the existence…

The arbitral tribunal shall decide in accordance with the rules of law.

In cases where the ordinary court may impose a penalty payment (dwangsom), an arbitral tribunal (scheidsgerecht) is likewise authorised to do so…

The arbitral tribunal shall decide, if it consists of more than one arbitrator, by a majority of votes, unless the parties have agreed otherwise. If…

The arbitral tribunal shall ensure that as soon as possible:

Decisions concerning the legal relationship in dispute and contained in an arbitral award that has acquired the force of res judicata (kracht van…

A party may, within a period as agreed between the parties or up to three months after the date of dispatch of the award, request the arbitral…

If the arbitral tribunal has failed to decide on one or more claims or counterclaims which were submitted to its judgment, the most diligent party…

If the parties have agreed upon arbitral appeal, the provisions of this Title shall apply insofar as this Section does not provide otherwise or the…

Arbitral appeal against an arbitral award is only possible if the parties have provided for it by agreement. This agreement must comply with the…

Within a period as agreed between the parties or up to three months after the day of dispatch of the award, the parties may lodge an arbitral appeal.

Arbitral appeal may be lodged against a final award in its entirety and a final partial award.

An arbitral appeal shall lie against an arbitral award rendered on the basis of Article 1046, paragraph 4, if and insofar as all parties involved in…

In the event of a declaration of lack of jurisdiction by the arbitral tribunal as referred to in Article 1052, fifth paragraph, second sentence…

The penalty payment (dwangsom) as referred to in Article 1056 may also be claimed for the first time in arbitral appeal.

The arbitral award rendered in first instance may only be supplemented in arbitral appeal in accordance with Article 1061. The petition to that…

Unless otherwise provided by law or by the nature of the case, the arbitral tribunal in first instance may, if so requested, declare that its award…

In deviation from the provisions of Article 1059, paragraph 3, an arbitral award rendered in first instance shall have binding force between the same…

An arbitral award rendered in first instance that has been declared enforceable notwithstanding appeal, and an arbitral award rendered in arbitral…

Against a final award, in whole or in part, rendered in arbitral appeal, only the legal remedies of setting aside (vernietiging) and of revocation…

The enforcement in the Netherlands of an arbitral award may take place only after the provisions judge (voorzieningenrechter) of the district court…

The provisions judge of the court may refuse the enforcement of the arbitral award only if, after a summary investigation, it has become apparent to…

Against a whole or partial final arbitral award, only the legal remedies of setting aside and of revocation are available pursuant to the provisions…

The claim for setting aside shall be brought before the court of appeal of the district in which the place of arbitration is situated. If the place…

Annulment may only take place on one or more of the following grounds:

The court of appeal may, at the request of a party or of its own motion, suspend the setting aside proceedings for a period to be determined by the…

The claim for annulment shall not suspend the enforcement of the judgment.

As soon as the judgment setting aside an arbitral award has become final, the jurisdiction of the ordinary court shall revive, if and insofar as the…

Revocation may only take place on one or more of the following grounds:

If the parties reach a settlement during the course of arbitral proceedings, the arbitral tribunal may, at their joint petition, record the contents…

No remedy shall lie against orders of the relief judge of the court, as referred to in the first through the third section of this Title.

In the cases referred to in Articles 1026, second and fourth paragraphs, 1027, third paragraph, 1028, first paragraph, 1029, second, fourth and fifth…

The parties may by agreement designate the provisional-relief judge (voorzieningenrechter) of a specific court as the competent provisional-relief…

Insofar as not otherwise provided in this Title, Articles 261 to 291 inclusive shall apply to matters which, pursuant to the provisions of this…

If the addressee has indicated that he is reachable for such purpose by this means and the arbitral tribunal consents thereto, to the extent that the…

The death of a party shall terminate neither the arbitration agreement nor the mandate of the arbitral tribunal, unless the parties have agreed…

The provisions of this Title shall apply if the place of arbitration is situated in the Netherlands.