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Netherlands - Arbitration Act * 1 December 1986 Code of Civil Procedure - Book Four: Arbitration

Title One: - Arbitration in the Netherlands

Section One. - Arbitration Agreement and Appointment of Arbitrators

Article 1020 - Arbitration Agreements in General **

Article 1021 - Form of Arbitration Agreement

Article 1022 - Arbitration Agreement and Substantive Claim Before Court; Arbitration Agreement and Interim Measures by Court

Article 1023 - Who may be Appointed as an Arbitrator

Article 1024 - Submission Agreement: Commencement of Arbitral Proceedings

Article 1025 - Arbitration Clause: Commencement of Arbitral Proceedings

Article 1026 - Number of Arbitrators

Article 1027 - Appointment of Arbitrators

Article 1028 - Privileged Position of a Party in Appointing Arbitrators

Article 1029 - Arbitrator's Acceptance and Release of Mandate

Article 1030 - Appointment of a Substitute Arbitrator

Article 1031 - Termination of the Arbitral Tribunal's Mandate; Tribunal's Failure to Proceed

Article 1032 - Death of a Party

Article 1033 - Challenge of an Arbitrator: Grounds

Article 1034 - Duty to Disclose

Article 1035 - Challenge of an Arbitrator: Procedure

Section Two. - The Arbitral Proceedings

Article 1036 - Determination of Rules of Procedure

Article 1037 - Place of Arbitration

Article 1038 - Representation and Assistance

Article 1039 - Equal Treatment of Parties; Hearing; Right to Produce Witnesses and Experts; Production of Documents; Rules of Evidence

Article 1040 - Default of a Party

Article 1041 - Examination of Witnesses

Article 1042 - Experts Appointed by Arbitral Tribunal

Article 1043 - Order for Personal Appearance of the Parties

Article 1044 - Request for Information on Foreign Law

Article 1045 - Third Parties

Article 1046 - Consolidation of Arbitral Proceedings

Article 1047 - Section Two Not Applicable to Quality Arbitration

Article 1048 - Time Limit for Making the Award

Section Three. The Arbitral Award

Article 1049 - Types of Award

Article 1050 - Appeal to Second Arbitral Tribunal

Article 1051 - Summary Arbitral Proceedings

Article 1052 - Pleas as to the Jurisdiction of the Arbitral Tribunal

Article 1053 - Separability of the Arbitration Clause

Article 1054 - Rules Applicable to the Substance of the Dispute

Article 1055 - Enforceability of Award Notwithstanding Arbitral Appeal

Article 1056 - Penalty for Non-Compliance

Article 1057 - Majority Decision; Refusal of Minority to Sign; Form and Contents of Award

Article 1058 - Notification and Deposit of Award; Termination of Mandate of Arbitral Tribunal

Article 1059 - Res Judicata of the Award

Article 1060 - Rectification and Correction of the Award

Article 1061 - Additional Award

Section Four. - Enforcement of the Arbitral Award

Article 1062 - Granting Leave for Enforcement

Article 1063 - Refusal of Leave for Enforcement

Section Five. - Setting Aside and Revocation of the Arbitral Award

Article 1064 - Setting Aside in General

Article 1065 - Grounds for Setting Aside

Article 1066 - Suspension of Enforcement

Article 1067 - Consequences of Setting Aside

Article 1068 - Revocation of the Award in Case of Fraud, Forgery or New Documents *

Section Six. - Arbitral Award on Agreed Terms

Article 1069

Section Seven. - Final Provisions

Article 1070 - No Appeal Against Certain Decisions of President of District Court

Article 1071 - No Attorney Required for Certain Requests

Article 1072 - Agreement on Competent President of District Court in Certain Cases

Article 1073 - Applicability of Title One to Arbitration Within The Netherlands; Appointment of Arbitrators in Case Place of Arbitration is Unknown

Title Two: - Arbitration Outside The Netherlands

Article 1074 - Foreign Arbitration Agreement and Substantive Claim Before Dutch Court; Foreign Arbitration Agreement and Interim Measures by Dutch Court

Article 1075 - Recognition and Enforcement of Foreign Award Under Treaties

Article 1076 - Recognition and Enforcement of Foreign Award Without Treaties

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SiSU Manifest, alternative outputs etc.

Netherlands - Arbitration Act * 1 December 1986 Code of Civil Procedure - Book Four: Arbitration

Netherlands

copy @ Lex Mercatoria

Netherlands - Arbitration Act * 1 December 1986 Code of Civil Procedure - Book Four: Arbitration

Title One: - Arbitration in the Netherlands

Section Two. - The Arbitral Proceedings

Article 1046 - Consolidation of Arbitral Proceedings

1. If arbitral proceedings have been commenced before an arbitral tribunal in the Netherlands concerning a subject matter which is connected with the subject matter of arbitral proceedings commenced before another arbitral tribunal in the Netherlands, any of the parties may, unless the parties have agreed otherwise, request the President of the District Court in Amsterdam to order a consolidation of the proceedings.

2. The President may wholly or partially grant or refuse the request, after he has given all parties and the arbitrators an opportunity to be heard. His decision shall be communicated in writing to all parties and the arbitral tribunals involved.

3. If the President orders consolidation in full, the parties shall in consultation with each other appoint one arbitrator or an uneven number of arbitrators and determine the procedural rules which shall apply to the consolidated proceedings. If, within the period of time prescribed by the President, the parties have not reached agreement on the above, the President shall, at the request of any of the parties, appoint the arbitrator or arbitrators and, if necessary, determine the procedural rules which shall apply to the consolidated proceedings. The President shall determine the remuneration for the work already carried out by the arbitrators whose mandate is terminated by reason of the full consolidation.

4. If the President orders partial consolidation, he shall decide which disputes shall be consolidated. The President shall, if the parties fail to agree within the period of time prescribed by him, at the request of any of the parties, appoint the arbitrator or arbitrators and determine which rules shall apply to the consolidated proceedings. In this event the arbitral tribunals before which arbitrations have already been commenced shall suspend those arbitrations. The award of the arbitral tribunal appointed for the consolidated arbitration shall be communicated in writing to the other arbitral tribunals involved. Upon receipt of this award, these arbitral tribunals shall continue the arbitrations commenced before them and decide in accordance with the award rendered in the consolidated proceedings.

5. The provisions of article 1027(4) shall apply accordingly in the cases mentioned in paragraphs (3) and (4) above.

6. An award rendered under paragraphs (3) and (4) above shall be subject to appeal to a second arbitral tribunal if and to the extent that all parties involved in the consolidated proceedings have agreed upon such an appeal.


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