Arbitrators

What we do

Arbitration proceedings are settled by neutral arbitrators (the arbitral tribunal). The tribunal always consists of an odd number of arbitrators to prevent deadlocks. It is common to use three arbitrators. In this case, each party appoints one arbitrator, and the two appointed arbitrators jointly appoint the third arbitrator to ensure neutrality.

We have various areas of expertise in-house, enabling us to effectively put forward a skilled arbitrator. Curious about the possibilities? We would be happy to discuss them!

Who can become a referee and how many referees?

In principle, anyone with the legal capacity may act as an arbitrator; nationality plays no role, unless the parties agree otherwise (Article 1023 of the Dutch Code of Civil Procedure). The arbitral tribunal consists of an odd number of arbitrators and may also consist of a single arbitrator (Article 1026 of the Dutch Code of Civil Procedure). The parties agree on the method of appointment themselves; if this is not done within three months, the preliminary relief judge may appoint the arbitrator(s) (Article 1027 of the Dutch Code of Civil Procedure). An arbitrator accepts the assignment in writing (Article 1029 of the Dutch Code of Civil Procedure). Whether it concerns an international group or the baker on the corner: together with our lawyers and in-house counsel, we propose an arbitral tribunal that suits the nature and scope of the dispute.

Independence and impartiality of the arbitrator

An arbitrator must be independent and impartial. Anyone asked to serve as an arbitrator has a duty to disclose: he or she must report in advance any circumstances that could cast doubt on their impartiality or independence (Article 1034 of the Code of Civil Procedure). Precisely because no appeal to a state court is possible in arbitration, the integrity of the arbitrator carries significant weight. We critically assess nominated arbitrators for potential conflicts of interest, ensuring that the arbitration tribunal is beyond reproach.

Recusal of an arbitrator

If there is reasonable doubt regarding the impartiality or independence of an arbitrator, that arbitrator may be challenged (Article 1033 of the Code of Civil Procedure). The challenge is communicated in writing to the arbitrator, the arbitration tribunal, and the opposing party; if the challenged arbitrator does not withdraw within two weeks, the preliminary relief judge decides (Article 1035 of the Code of Civil Procedure). An arbitrator appointed by a party itself may only challenge that party on the basis of facts that became known to it only after the appointment. We assess whether a ground for challenge is likely to succeed and conduct the proceedings where this serves the business interest.

Dismissal, replacement and the duties of the arbitrator

An arbitrator may be relieved of his duties at his own request, at the joint request of the parties, or due to inaction or the impossibility of the assignment (Article 1029 of the Code of Civil Procedure). If an arbitrator is unable to perform, he is replaced in accordance with the original appointment rules, and the arbitral tribunal is suspended by operation of law in the meantime (Article 1030 of the Code of Civil Procedure). The arbitrator conducts the proceedings, ensures the right to be heard, and ultimately decides in a binding arbitral award. We assist both parties nominating an arbitrator and legal experts and lawyers from our team who act as arbitrators themselves.

Costs and fees of arbitrators

An arbitrator's fee is typically determined by the time spent, the financial stake, and the complexity of the case. In practice, hourly rates often range between 200 and 500 euros, while arbitration institutions also charge administrative costs that increase with the stake. For the small business owner, proceedings with a single arbitrator can represent a significant saving, whereas a complex corporate dispute calls for a multi-judge arbitration panel. We provide a clear overview of the costs in advance and select the most proportionate composition together with you.

Arbitrators within our expertise in Arbitration

The selection and evaluation of arbitrators is part of our broader Arbitration. There you can read how a complete arbitration procedure unfolds, from the arbitration clause to the arbitral award. Our mixed teams of lawyers and in-house counsel are ready to assist every entrepreneur, from international corporations to the baker on the corner.