Arbitration Submission Agreement Template for the Netherlands

When you have an existing dispute with another party, an Arbitration Submission Agreement provides an alternative path to court litigation by formally submitting your dispute to arbitration. This document differs fundamentally from arbitration clauses in commercial contracts, as it addresses a specific dispute that has already arisen rather than potential future conflicts. Under Netherlands law, this agreement creates a binding commitment to resolve your dispute through arbitration proceedings.

When do you need this document?

You need an Arbitration Submission Agreement when you and another party have reached an impasse in a business dispute and prefer arbitration over traditional court proceedings. This is particularly relevant for commercial disagreements involving contract breaches, partnership disputes, intellectual property conflicts, or international trade issues. Many parties choose this route when they want faster resolution, technical expertise from arbitrators, or when dealing with cross-border disputes where enforcement through the New York Convention provides advantages. The document is also essential when your original contract lacks an arbitration clause but both parties recognize the benefits of arbitration for their specific dispute.

Key legal considerations

Your agreement must clearly define the scope of the dispute being submitted to arbitration, as this determines what issues the arbitrators can decide. The selection of arbitration rules is crucial, whether you choose institutional rules like those of the Netherlands Arbitration Institute (NAI) or ad hoc procedures. You must specify the seat of arbitration, which determines the governing procedural law and court supervision. Consider the arbitrator selection process carefully, including qualifications, number of arbitrators, and appointment procedures. The agreement should address language, applicable substantive law, confidentiality provisions, and cost allocation. Emergency arbitrator provisions may be necessary if interim measures are required during proceedings.

Legal requirements in Netherlands

Under the Dutch Arbitration Act (Articles 1020-1077 of the Dutch Code of Civil Procedure), your agreement must be in writing or recorded in a form accessible for future reference. Both parties must have legal capacity to enter arbitration agreements, and the dispute must be arbitrable under Dutch law. The agreement must clearly identify the parties and contain an express submission to arbitration with sufficient detail about the dispute's scope. If you choose institutional arbitration, ensure compliance with the selected institution's rules. For international disputes, consider the European Convention on International Commercial Arbitration 1961 requirements. The Netherlands courts have limited intervention powers once a valid arbitration agreement exists, primarily for arbitrator challenges and setting aside awards under specific grounds outlined in Article 1065 of the Dutch Code of Civil Procedure.