Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislative Proposal to Amend Dutch Arbitration Act

The current Arbitration Act in the Dutch Code of Civil Procedure (“DCCP”) dates from 1 December 1986.3 Since then, there have been no major legislative changes in Dutch arbitration law.4 The Ministry of Justice has been indicating for over a decade that the Arbitration Act would undergo major legislative changes.5 A proposal was in fact published on 13 March 2012 for internet consultation.6 The consultation closed on 1 June 2012. The proposal is aimed at making arbitration law more atractive by (i) modernizing, for instance by establishing the possibility to use electronic means; (ii) codifying arbitration practice, for instance by speifying the procedures for the written stage of arbitral proceedings; and (iii) reducing costs, for example by offering the parties the possibility of refraining from lodging the arbitral award with a district court.7 The explanatory memorandum to the proposal notes that it is furthermore 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.