Bindend advies
Binding advice
A binding advice is a decision rendered by an independent third party that the parties have agreed by contract to accept as binding for the resolution of their dispute.
Binding advice is a form of alternative dispute resolution in which the parties agree in advance that the ruling of an adviser or committee shall be binding on them. It differs from arbitration in that it is typically subject to lighter regulation and does not produce an enforceable title without further measures.
Its relevance lies in the speed, lower costs and informal approach compared with court proceedings. The parties retain greater control over the procedure and the choice of adviser.
In practice, binding advice is frequently encountered in consumer disputes, construction matters and insurance issues handled by dispute resolution committees, where the outcome is directly enforceable on the basis of the parties’ agreement.
“The parties submitted their dispute to the disputes committee and accepted the binding advice as the definitive resolution.”
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