Arbitraal beding
Arbitration clause
An arbitration clause is a contractual provision by which the parties agree to resolve disputes through arbitration rather than before the ordinary courts.
An arbitration clause constitutes a binding agreement between the contracting parties to submit any disputes to resolution not by the ordinary courts, but by a neutral arbitrator or arbitration institution. This often provides advantages such as confidentiality, expedition and the expertise of the decision-maker.
In Dutch legal practice, arbitration clauses are widely used in commercial contracts, construction agreements and international transactions. The clause must meet the requirements of the Dutch Arbitration Act; otherwise, it may be invalid.
The validity and enforceability of an arbitration clause are regularly examined by the courts, for instance upon an application to set aside an arbitral award.
“The contract between the two companies contained an arbitration clause, pursuant to which the dispute was submitted to the Netherlands Arbitration Institute.”
Related terms
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