Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislation

On January 1, 2015, the revised Dutch Arbitration Act (“the New Act”), entered into force. The New Act is incorporated into book four of the Dutch Code of Civil Procedure (“DCCP”) and into books three, six and ten of the Dutch Civil Code (“DCC”). It applies to arbitrations with a seat in The Netherlands initiated on or after January 1, 2015. The New Act aims at making arbitration more attractive by modernizing the process, codifying arbitration practice, and reducing costs. It is also aimed at improving the competitive position of The Netherlands by offering high-quality dispute resolution, both in state courts as well as in arbitration proceedings conducted in The Netherlands. The most important changes in the New Act are described below.

Efficiency and Effectiveness

The New Act creates the possibility for Dutch arbitration proceedings to be conducted entirely by electronic means. Even an arbitral award can be made electronically by containing an electronic signature,4 and the obligation to file an arbitral award at the court registry has been abolished.

Party Autonomy

Parties are offered maximized party autonomy under the New Act, as they enjoy broad freedom in determining the procedure to be followed by the arbitral tribunal in conducting proceedings. Parties may, for example, exclude the possibility of oral hearings, agree to the use of certain rules of evidence, or limit the powers of the arbitral tribunals.5