Onno Hennis (AMS Advocaten) and Bart Fleuren (Linklaters) joined us for our last 2024 #lunchbowl on the topic of “enforcement of multi-tiered arbitration clauses”.
In honor of Saint Nicholas Day, we had a surprise guest – #Sinterklaas – whose Dutch origins as Sint Nicolaas, patron of many, including New Amsterdam, later New York, evolved into #SantaClaus, as you will know. He appeared to have extensive knowledge of arbitration.
The main discussion revolved around the Dutch Supreme Court’s landmark decision issued in July of this year: https://lnkd.in/eGBZeYH8
The #HogeRaad confirmed that mediation clauses within multi-tiered dispute resolution provisions can be binding. However, the Court found that it is within the arbitrator’s discretion to determine how to address violations of mediation clauses by the parties.
The decision is a call for more precise drafting of multi-tier clauses, and given mediation’s growing popularity in the Netherlands, possibly legislative action by the Dutch legislator that has long been waited for.
Our warmest thanks to Onno and Bart for their most valuable insights and to everyone who joined us last week! And, of course, to Sinterklaas!