arbitration clause

An arbitration clause is a provision in which parties agree to settle any future disputes by arbitration. An arbitration clause can be stated in a contract, articles of association A document, drawn up when a Dutch company or legal person is set up, and which regulates the operations of the company and defines its purpose.
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Articles of Association
or general terms and condition. An arbitration clause excludes parties to submit a dispute to a (Dutch) civil court.

Arbitration agreement in the Netherlands

If parties are not already bound by an arbitration clause, they can still agree to settle an existing dispute by arbitration. In the Netherlands this is referred to as an arbitration agreement. If questioned in court a party has to present documentary evidence that an arbitration (whether by provision or separate agreement)  was agreed between parties.

Applicability of Dutch arbitration clause

An arbitration clause is often part of general terms and conditions General terms applicable on all contracts of a corporate business.
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general terms and conditions
. In that case the general provisions regarding to the applicability of general terms and conditions (as found in the Dutch Civil Code) apply as well.

Recognition and enforcement of arbitral awards in the Netherlands

An arbitral award (decision) issued by a Dutch arbitration committee can easily be recognized and, subsequently, enforced in The Netherlands. An arbitral award issued in an international arbitration outside The Netherlands can, in many cases, also be recognized in The Netherlands.

 

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