e-Court Membership Fees

Parties that choose for arbitration as an alternative for the administration of justice must in the future also be assured of flexible dispute solution with sufficient guarantees for a satisfactory course of justice. For that reason it is necessary to modernize arbitration. As a result the costs for citizens and the business community will decrease at the same time. This is evident from a legislative proposal of Minister Opstelten of Security and Justice, which the Council of Minister has approved.

Dispute resolution

Traditionally arbitration in the Netherlands is one of the major forms of dispute resolution in addition to the regular court. It is for instance used to resolve disputes between entrepreneurs in the building and trade sectors. Arbitration plays an important role in the resolution of disputes at the international level as well.

Court of appeal

To save time and money the proceedings to reverse an arbitral award are reduced to a legal procedure in one court, namely the court of appeal. In addition the parties themselves may make arrangements about their arbitration proceedings, for instance regarding the furnishing of proof and the appeal. The regular court will only play a role here by way of exception.

Electronic means

The legislative proposal also ensures that use can be made of electronic means, such as the dispatch of procedural documents by e-mail. Furthermore the possibility is provided that an independent third party, for instance an arbitration body, deals with a challenge request. This is in line with international practice and ensures a faster hearing. Furthermore the government is abolishing the filing of an award with the court. In the future this will only happen if the parties themselves choose to do this.

Ordinary court

Finally the government wants to enhance the confidence of consumers in arbitration. Within one month consumers may decide to go the ordinary court as yet. The Council of Ministers has agreed to send the legislative proposal for advice to the Council of State. The text of the legislative proposal and the advice of the Council of State will be made public on submission to the Lower House.