Differences between arbitration and court proceedings

The Netherlands Arbitration Institute (NAI) has published a new comparison table that enables lawyers and legal counsel to quickly grasp the differences between arbitration and court proceedings. With this publication, the NAI aims to support professionals in making an informed choice regarding the most appropriate form of commercial dispute resolution.

Why this comparison?

When drafting commercial contracts, provisions are almost always included regarding how any future disputes will be resolved. That choice has far-reaching consequences for how a dispute is resolved. In practice, it is often unclear what the differences are between arbitration and court proceedings.

A practical tool for lawyers and legal counsel

The publication addresses the need for clear information on the various ways in which commercial disputes can be resolved. Arbitration is viewed by many companies as a professional and effective alternative to court proceedings. It is a subject to which little attention is paid during the contracting phase. The NAI regularly receives enquiries about the characteristics of arbitration compared to court proceedings.

With its new comparison table, the NAI makes this information clear and concise. The new table has been updated with recent data on both NAI arbitration and court litigation. In this way, the NAI helps ensure that decisions regarding contract drafting are made on a better-informed basis. The table provides users with a practical starting point for making the right choice.

View the comparison table