Reinier Russell

managing partner

Reinier advises national and international companies

reinier.russell@russell.nl
+31 20 301 55 55

The advantages of arbitration

Publication date 19 mei 2021

Arbitration is an appealing alternative to regular courts. Arbitrators are experts and arbitrational awards are recognized in more countries.

arbitrage - social media

What is arbitration?

Arbitration is an alternative to court proceedings. It is often applied in (international) business. Disputes are presented to one or three independent persons having expertise in the area of the dispute.

Advantages of arbitration

You can choose to include an arbitration clause in an agreement. The main advantages of arbitration are the following:

  • Arbitration prevents discussion about which court has jurisdiction.
  • Arbitrators, unlike regular courts, have specific expertise. Also, they do not need to be lawyers.
  • The parties may agree on the language of the arbitration and the number of arbitrators. In addition, they can appoint arbitrators provided that they are impartial and independent.
  • Arbitration is not public and therefore confidential.
  • Arbitration awards are often pronounced faster than court decisions.
  • Internationally an arbitration award is often easier to enforce than a court decision.

Execution of an arbitration award

To execute an arbitration award in the Netherlands, you must first obtain leave from the judge in charge of preliminary relief proceedings. The judge will refuse the leave only  in very exceptional cases.

International

Abroad, an arbitration award is often easier to enforce than a court decision. Arbitration awards are recognized in the 156 countries that signed the New York Convention of 1958.

Court decisions are recognized in a much smaller number of countries. If a decision is not recognized, the case may have to be heard all over again to obtain a decision that can be enforced.

Arbitration lawyer

Would you like to learn more about how to arrange for arbitration in a contract? Or are you involved in a legal dispute and looking for legal assistance? Please contact:

    We process the personal data above with your permission. You can withdraw your permission at any time. For more information please see our Privacy Statement.

    Related publications

    7 things you should know about arbitration

    Arbitration is a less well-known but effective way of dispute resolution. In the following we will therefore list 7 things you should know about arbitration.

    Read more

    International contracting

    An international contract requires a choice of law. How can you prevent one party from immediately lagging behind as a result of this?

    Read more

    Lease of business premises: adjusting the rent

    What should you bear in mind if you want to change the rent for your business premises? When are you allowed to adjust the price yourself? And in which cases do you have to go to court?

    Read more

    How do you terminate a continuing performance agreement?

    In principle, a continuing performance agreement can always be terminated, even if no arrangements have been made in this regard. But you can’t just do it. What do you need to take into account when terminating the agreement? And what if you want to deviate from the arrangements made about terminating the agreement?

    Read more

    28 June 2025 European Accessibility Act: digital products and services must be accessible to all

    On 28 June 2025, the European Accessibility Act will come into force. From that data, digital products and services must also be accessible to people with disabilities. Which companies, products and services does the Act apply to? What disabilities should you take into account? What are the consequences of not complying with the Act?

    Read more

    Contract termination: survival clauses

    If a contract has ended, there may still be obligations you want your contract partner to fulfil, such as warranties or confidentiality. You can regulate this through survival clauses. What should you look out for when including such clauses?

    Read more