2001年荷兰仲裁协会仲裁规则
NETHERLANDS ARBITRATION INSTITUTE
ARBITRATION RULES
in force as of 13 November 2001
TABLE OF CONTENTS OF THE ARBITRATION RULES
INTRODUCTION
SECTION ONE - GENERAL PROVISIONS
Article 1 - Definitions
Article 2 - Field of Application （Arbitration）
Article 3 - Field of Application （Binding Advice）
Article 4 - Notices
Article 5 - Periods of Time
SECTION TWO - COMMENCEMENT OF ARBITRATION
Article 6 - Request for Arbitration
Article 7 - Short Answer
Article 8 - Purpose of Request for Arbitration and Short
Answer
Article 9 - Plea as to Lack of Arbitration Agreement
SECTION THREE - APPOINTMENT OF ARBITRATORS
Article 10 - Impartiality and Independence of Arbitrators
Article 11 - Disclosure in Case of Doubt as to Impartiality
and Independence
Article 12 - Number of Arbitrators
Article 13 - Method of Appointment as Agreed by the Parties
Article 14 - List-Procedure
Article 15 - Letter of Appointment； Acceptance of Mandate；
Notice of Appointment to Parties
Article 16 - Nationality of Arbitrator
Article 17 - Release from Mandate
Article 18 - Replacement of Arbitrator
Article 19 - Challenge of Arbitrator
SECTION FOUR - PROCEDURE
Article 20 - Arbitration File and Communications
Article 21 - Representation of and Assistance for Parties
Article 22 - Place of Arbitration
Article 23 - Procedure in General
Article 24 - Exchange of Memorials
Article 25 - Counterclaim
Article 26 - Hearing
Article 27 - Evidence in General
Article 28 - Production of Documents
Article 29 - Witnesses
Article 30 - Experts （Party-Appointed）
Article 31 - Experts （Tribunal-Appointed）
Article 32 - Site Inspection
Article 33 - Order for Appearance in Person of Parties
Article 34 - Amendment of Claim
Article 35 - Withdrawal of Request for Arbitration
Article 36 - Default
Article 37 - Summary Arbitral Proceedings after the Appointment of the A-r-b-i-t-ral Tribunal on the Me-rits
Article 38 - Provisional Measures other than in Summary
Arbi-tral Proceedings
Article 39 - Tribunal Secretary； Technical Assistance
Article 40 - Language
Article 41 - Third Parties
Article 42 - Non-Compliance of a Party with Provisions
Contained in Section Four
SECTION FOUR A - SUMMARY ARBITRAL PROCEEDINGS
Article 42a - In General, Relationship with Article 37
Proce-dure
Article 42b - Commencement
Article 42c - Contents of the Request
Article 42d - Notification of Request to Respondent
Article 42e - Confirmation of Receipt of Request
Article 42f - Appointment of Arbitral Tribunal
Article 42g - Hearing
Article 42h - Plea as to Lack of Jurisdiction
Article 42i - Counterclaim
Article 42j - Procedure
Article 42k - Referral to Arbitration on the Merits
Article 42l - Nature of the Decision； Security
Article 42m - Relationship with the Case on the Merits
Article 42n - Administration Costs and Deposit for Costs
Article 42o - Interim Measures of Protection
SECTION FIVE - AWARD
Article 43 - Period of Time for Rendering Award
Article 44 - Types of Award
Article 45 - Decision According to Rules of Law or as
Amiable Compositeur
Article 46 - Applicable Law
Article 47 - Trade Usages
Article 48 - Decision-Making； Signing of Award
Article 49 - Form and Contents of Award
Article 50 - Notification and Deposit of Award
Article 51 - Res Judicata of Award
Article 52 - Rectification or Correction of Award
Article 53 - Additional Award
Article 54 - Arbitral Award on Agreed Terms
Article 55 - Publication of Award
SECTION SIX - COSTS
Article 56 - Costs in General
Article 57 - Administration Costs
Article 58 - Fees and Disbursements of Arbitrators
Article 59 - Deposit for Costs
Article 60 - Costs of Legal Assistance
Article 61 - Determination and Award of Costs
Article 62 - Costs in Case of Premature Termination
SECTION SEVEN - FINAL PROVISIONS
Article 63 - Violation of Rules
Article 64 - District Court Provision Judge having Jurisdiction
Article 65 - Unforeseen Matters
Article 66 - Exclusion of Liability
Article 67 - Amendment of Rules
NAI ARBITRATION RULES
in force as of 13 November 2001
SECTION ONE - GENERAL PROVISIONS[page]
Article 1 - Definitions
In these Rules, the words and phrases listed below have the following meaning ：
（a） “NAI” - Netherlands Arbitration Institute, Foundation （Stichting）, with its seat in Rotterdam；
（b） “Governing Board” - the Governing Board of the NAI；
（c） “Executive Board” - the executive section of the NAI Governing Board as provided for in the NAI Articles of Association；
（d） “Administrator”： the Director of the NAI as provided for in the NAI Articles of Association and in case a director is lacking the member of the Executive Board appointed as such by the Governing Board, or their deputy nominated by the Executive Board；
（e） “arbitration agreement” - the agreement by which parties bind themselves to submit to arbitration an existing dispute between them （compromis； submission agree-ment） or disputes which may arise between them in the future （arbitration clause） out of a defined legal relati-onship, whether con-tractual or not； this agreement shall be proven by an instrument in writing； for this purpose an instru-ment in writing which provides for arbi-tra-tion or refers to standard conditions providing for arbi-tration is sufficient, provided that this instru-ment is expressly or impliedly accepted by or on behalf of the parties；
（f） “arbitral tribunal”： an arbitral tribunal of one or more arbitrators, composed in accordance with Secti-on Three or Section Four A （summary arbitral procee-dings） of these Rules；
（g） “international arbitration”： an arbitration in which at the moment of commencement of arbitration as referred to in arti-cles 6 and 42b of these Arbitration Rules, at least one of the parties is domiciled or has its seat, or, in the absence thereof, has his actual residence outside the Netherlands.
Article 2 - Field of Application （Arbitration）
These Rules shall apply if parties have agreed to arbitrati-on by the NAI or to arbitration in accordance with the NAI Rules.
Article 3 - Field of Application （Binding Advice）
1. These Rules shall apply accordingly if parties have agreed in writing to binding advice by the NAI or to binding advice in accordance with the NAI Rules.
2. If parties have agreed to arbitration, but the arbitral tribunal finds that a dispute is wholly or partially incapa-ble of settlement by arbitration, the arbitral tribunal is autho-rised to render its decision wholly or partial-ly in the form of a binding advice.
3. In case of binding advice, no deposit of the decision with the registry of the district court takes place. The period of time for correction （arti-cle 52） and for rendering an additio-nal decision （article 53） shall expire 30 days after the day the decision is received.
Article 4 - Notices
1. Notices shall be given or confirmed in writing, such as by letter or rapid written communication.
2. If there is more than one claimant or respondent, the number of copies of notices and other written submissions to be submitted shall be increased accordingly.
Article 5 - Periods of Time
1. For the purposes of these Rules, a period of time shall start to run on the day a notice is received unless these Rules or the arbitral tribunal explicitly provide otherwise.
2. In an international arbitration, the periods of time refer-red to in articles 7（4）, 12（3）, 13（2）, 14（3）, 14（9）, 19（3）, 19（7）, 57（5） and 59（6） shall be doubled.
3. The Administrator is, at the request of a party or on his own motion, authorised to extend or to shorten in exceptional cases the periods of time referred to in articles 7（4）, 12（3）, 14（3）, 14（9）, 57（5） and 59（6）。
4. For summary arbitral proceedings as regulated in Section Four A, the periods of time which are deter-mined in those provisions or in accordance with those provisions, apply.
SECTION TWO - COMMENCEMENT OF ARBITRATION
Article 6 - Request for Arbitration
1. An arbitration commences by the filing of a request for arbitration with the NAI Secretariat.
2. Both in case of an arbitration clause and in case of a submission agreement, the arbitration shall be deemed to have commenced on the day the request for arbitration is received by the NAI Secretariat.
3. The request for arbitration shall contain the follo-wing particulars：
（a） the name and address of the claimant, his place of domicile, seat or actual residence, as well as his telephone, telefax and telex numbers；
（b） the name and address of the respondent, his place of domicile, seat or actual residence, as well as his telephone, telefax and telex numbers；
（c） a brief description of the dispute；
（d） a clear description of what is claimed；
（e） a reference to the arbitration agreement； a copy of the latter shall be submitted simultaneously；
（f） the name（s） and address（es） of the arbitrator（s）, their place of domicile or actual residence, as well as their telephone, telefax and telex numbers, insofar as parties themselves have appointed the arbitrator（s）；[page]
（g） the method of appointing the arbitrator（s）, if parties have agreed to a method of appointment different from the listproce-dure provided in article 14；
（h） the number of the arbitrators, if agreed by the par-ties；
（i） the place of arbitration, if agreed by the parties；
（j） the preference, if any, of the claimant for the number of the arbitrators and/or for the place of arbitra-tion, if not agreed by the parties；
（k） to the extent applicable, further particulars as to the arbitral procedure, e.g., the nationality of arbitra-tors as referred to in article 16（4）。
4. The request for arbitration shall be filed in five copies. If the request for arbitration is not filed in a sufficient number of copies, or does not comply with all requirements listed in the preceding paragraph, the Admini-strator shall contact the claimant in order to obtain additional copies or completion as neccesary. The Admini-strator is authorised to suspend action on the request for arbitration until the requi-rements mentio-ned above have been complied with. The suspen-sion does not prejudice the provisions of paragraph （2）。
5. As regards the requirements of paragraph （3）（e）, in case a request for arbitration is contained in rapid written communi-cation, it is sufficient for the claimant to quote literally the text of the arbitration agreement provided that, as soon as possible after the commencement of the arbitration, the claimant communicates a copy of the arbi-tration agreement to the Admini-strator.
6. The Administrator shall communicate to the claimant a written acknowled-gement of receipt of the request for arbitra-tion, making mention of the date of receipt.
Article 7 - Short Answer
1. The Administrator shall communicate a copy of the request for arbitrati-on to the respondent, along with mention of the date of receipt, and shall invite him in writing to submit a short answer thereto.
2. The short answer shall also contain the preference, if any, of the respondent for the number of the arbitrators and/or for the place of arbitra-tion, if not agreed by the parties, as well as, to the extent applicable, any further particulars as to the arbitral procedure.
3. In the short answer the respondent may introduce a coun-terclaim against the claimant in accordance with the provisi-ons of article 25（2）。 The requi-rements mentioned in article 6（3）（c）,（d） and e） apply accordingly to the counterclaim.
4. The respondent shall file the short answer with the Admi-nistrator in five copies within 14 days * after receipt of the invitation mentioned above.
5. The Administrator shall communicate a copy of the short answer to the claimant.
Article 8 - Purpose of Request for Arbitration and Short
Answer
The request for arbitration and the short answer serve as an introduction to the arbitral procedure. They do not prejudice the right of the parties to submit a statement of claim and a statement of defence, respectively, in accordance with the provisions of article 24. To the extent that the Admini-strator is involved in the determination of the number and/or the appointment of the arbitrator（s）, he shall draw the required information from the request for arbitration and the short answer.
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* This period of time is doubled in an international arbitra-tion （art. 5（2））。
Article 9 - Plea as to Lack of Arbitration Agreement
1. A party who participated in the appointment of the arbi-trator（s） in the manner provided in the third section shall not be barred from raising the plea that the arbitral tribunal lacks jurisdiction on the ground that there is no valid arbi-tration agreement.
2. A respondent who appears in the arbitral proceedings and wishes to raise the plea that the arbitral tribunal lacks jurisdiction on the ground that there is no valid arbitration agreement shall raise this plea before submit-ting any defence.
Accordingly, this plea shall be raised ultimately in the statement of defence or, in the absence thereof, prior to the first written or oral defence. For the purpose of this para-graph, the short answer referred to in article 7 shall not be deemed to constitute a defence.
3. If a respondent fails to raise this plea before submit-ting any defence, as provided in the previous paragraph, he shall be barred from doing so thereafter in the arbitral proceedings or in proceedings before a court unless the plea is made on the ground that the dispute is not capable of settlement by arbitration.
4. A plea that the arbitral tribunal lacks jurisdiction shall be decided by the arbitral tribunal.
5. An arbitration agreement shall be considered and decided upon as a separate agreement. The arbitral tribunal shall have the power to decide on the validity of the contract of which the arbitration agreement forms part or to which the arbitra-tion agreement is related.[page]
6. A plea that the arbitral tribunal lacks jurisdiction shall not preclude the NAI from administering the arbitrati-on.
SECTION THREE - APPOINTMENT OF ARBITRATORS
Article 10 - Impartiality and Independence of Arbitrators
1. The arbitrator shall be impartial and independent. He may not have close personal or professional relationship with a co-arbitrator or with any of the parties. He may not have any direct personal or professional interest in the outcome of the case. He may not, prior to his appoint-ment, disclose his opinion on the case to one of the par-ties.
2. In the course of the proceedings an arbitrator shall not have any contacts with a party concerning matters regarding the proceedings unless he has obtained prior consent of the other parties and, if the tribunal consists of more than one arbitrator, of the co-arbitrators.
Article 11 - Disclosure in Case of Doubt as to Impartiality and Independence
1. If a person invited to be appointed as arbitrator believes that he might be challenged, he shall so notify the person by whom he has been invited, such notice to be in writing and to state the probable grounds for such challenge.
2. If the person referred to in paragraph （1） has already been appointed as arbitrator, he shall also send the Admini-strator the notice as referred to in that paragraph, if the invitation relating to his appointment was not made by the Administrator. The Administrator shall send copies of the notice to the parties and, if the arbitral tribunal is compo-sed of more than one arbitrator, to the other arbitrators.
3. If pending the arbitration proceedings an arbitrator belie-ves that he might be challenged, he shall so notify in writing the probable grounds for such challenge, and the Administrator shall send copies of the notice to the parties and, if the arbitral tribunal is composed of more than one arbitrator, to the other arbitrators.
Article 12 - Number of Arbitrators
1. If the parties have not agreed on the number of arbi-tra-tors, the number shall be determined by the Administrator after the filing of the short answer or, in the absence there-of, after expiration of the period of time for filing the short answer.
2. The Administrator shall determine that the number of arbi-trators be one or three, taking into account the prefe-rence of the parties, the amount of the claim and of the counterclaim, if any, and the complexity of the case.
3. If the parties agreed on an even number of arbitrators, the latter shall appoint an additional arbitrator who shall act as the chairman of the arbitral tribunal. If, within two weeks * after acceptance of their mandate, the arbitra-tors fail to agree on the additional arbitrator, the latter shall, at the request of either party, be appointed in accordance with the list-procedure provided in article 14.
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*This period of time is doubled in an international arbitrati-on （art. 5（2））。
Article 13 - Method of Appointment as Agreed by the Parties
1. If the parties agreed on a method of appointing the arbi-trator（s） other than the list-procedure provided in article 14, the appointment shall take place as agreed by the parties, subject to the provisions of the following paragraphs.
2. If such method of appointment is not complied with wholly or in part within the period of time agreed to by the parties, or, in the absence of such period of time, within four weeks * after commencement of the arbitrati-on, the appointment of the arbitrator（s） shall take place in accordance with the list-procedure provided in article 14.
3. If one or more of the arbitrators who were appointed by the parties themselves do not, in the opinion of the Admini-stra-tor, offer sufficient safeguards for a sound arbitration, the Administrator may refuse to adminis-ter the arbitration,
unless the parties agree to the replacement of such arbitrator in accordance with the list-procedure provided in article 14.
Article 14 - List-Procedure
1. As soon as possible after receipt of the short answer referred to in article 7 or, on the absence thereof, after expiration of the period of time for filing of short answer, the Administrator shall communicate to each of the parties an identical list of names. If one arbitrator is to be appoin-ted, the list shall contain not less than three names； if three arbi-trators are to be appointed, the list shall contain not less than nine names.
2. Each party may delete from this list the names of persons against whom he has overriding objections, and number the remaining names in the order of his preference.
3. If a list is not returned to the Administrator within fourteen days * after its dispatch to a party, it will be assumed that all persons appearing on it are equally accep-table to that party for appointment as arbitrator.
4. As soon as possible after receipt of the lists, or failing this, after expiration of the period of time refer-red to in the previous paragraph, the Administrator shall, taking into account the preferences and/or objections expressed by the parties, invite one or three persons from the list, as the case may be, to act as arbitrator.[page]
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*This period of time is doubled in an international arbitration （art. 5（2））。
5. If and to the extent that the lists which have been retur-ned show an insufficient number of persons who are acceptable as arbitrator to each of the parties, the Admini-strator shall be authorised to invite directly one or more other persons to act as arbitrator. The same shall apply if a person is not able or does not wish to accept the Administrator's invitation to act as arbitrator, or if there appear to be other reasons precluding him from acting as arbitrator, and there remain on the lists an insufficient number of persons who are acceptable as arbitrator to each of the parties.
6. If the arbitral tribunal is composed of three arbitra-tors, the arbitra-tors shall choose a chairman from amongst themsel-ves, if necessary, in accordance with the provisions of arti-cle 16（3）。
7. If the parties agreed only to the appointment of arbitra-tor（s） by the NAI, without referring to arbitration by the NAI or arbitration in accordance with the NAI Rules, such appoint-ment shall take place in accordance with the provisions of
this article unless the parties agreed to another method of appointment by the NAI.
8. For the application of the provisions of this article, the Administrator preferably shall draw the names of persons from the General Panel of Arbitra-tors which is established, expan-ded and amended by the NAI.
9. The appointment of the arbitrator（s） in accordance with the provisions of this article shall take place within two months * after commencement of the arbitration.
Article 15 - Letter of Appointment； Acceptance of Mandate； Notice of Appointment to Parties
1. The appointment of the arbitrator（s） in accordance with the provisions of article 13 or 14 shall be confirmed by the Administrator by a letter of appointment addressed to the arbitrator（s）。
2. An arbitrator shall accept his mandate in writing. The signing and returning to the Administrator of a copy of the letter of appointment will suffice for this purpose.
3. Simultaneously with the dispatch of the letter of appoint-ment, the Administrator shall notify the parties in writing of the appointment.
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*This period of time is doubled in an international arbitration （art. 5（2））。
Article 16 - Nationality of Arbitrator
1. No person shall be precluded from appointment as arbitra-tor by reason of his nationality, except as provided in the follo-wing paragraphs.
2. In an arbitration between parties of different nationa-lity, if an arbitral tribunal composed of one arbitrator is to be appointed in accordance with the list-procedure provided in article 14, each of the parties may require that this arbitra-tor be of a nationality other than that of any of the parties.
3. In an arbitration between parties of different nationa-lity, if an arbitral tribunal composed of three arbitrators is to be appointed in accor-dance with the list-procedure provided in article 14, each of the parties may require that the arbi-trator who will act as the chairman of the arbitral tribunal be of a nationality other than that of any of the parties.
4. Such request shall be communicated to the Administra-tor, by the claimant in the request for arbitration referred to in article 6, and by the respon-dent in the short answer referred to in article 7.
Article 17 - Release from Mandate
1. An arbitrator who has accepted his mandate may, at his own request, be released therefrom either with the consent of the parties or by the Admini-strator.
2. An arbitrator who has accepted his mandate may be released therefrom by the parties jointly, without a request thereto from the arbitrator himself being necessary. The parties shall promptly notify the Administrator of such release.
3. An arbitrator who has accepted his mandate and who has become de jure orde facto unable to perform his mandate may, at the written request of a party, be released from his manda-te by the Administrator.
4. In the cases referred to in paragraphs （1） and （3）, the Administrator shall not release an arbitrator from his mandate until the parties have been given the opportunity to express their views in writing to the Admini-strator.
Article 18 - Replacement of Arbitrator
1. An arbitrator who, for whatever reason, is released from his mandate shall be replaced by a new arbitrator. The new arbitrator shall be appointed in accordance with the list-procedure provided in article 14 unless the parties have agreed to another method of replacement. The same applies in case of death of an arbitrator.
2. Until replacement has taken place, the arbitral procee-dings shall be suspended by operation of law. After repla-cement, the arbitral proceedings shall continue from the stage they had reached unless the arbitral tribunal deems a reconsi-deration of the matter, wholly or in part, justi-fied.[page]
Article 19 - Challenge of Arbitrator
1. An arbitrator may be challenged by a party in accordan-ce with the provisions of this article, if circumstances exist that give rise to justifi-able doubts as to his impar-tiality or independence, including the require-ments of article 10（1） and （2）。
2. An arbitrator may also be challenged on grounds that
exist-ed prior to his appointment.
3. The challenge and the grounds therefor shall be noti-fied in writing by the challenging party to the challenged arbitra-tor, the other party, the Administrator and, if the arbitral tribu-nal is composed of more than one arbitrator, the other arbi-trators. Said notification shall be made within one week * after receipt of the notification referred to in article 11 or, in the absence thereof, within one week * after the chal-lenging party became aware of the grounds for the challenge.
4. If the challenge is not made in accordance with the provi-sions of the previous paragraph, the right to bring a challen-ge on these grounds shall be barred thereafter in the arbitral proceedings or in proceedings before a court.
5. The arbitral tribunal may suspend the arbitral procee-dings as of the day of receipt of the notification from the challen-ging party.
6. Withdrawal by a challenged arbitrator shall not be inter-preted as acceptance of the grounds for the challenge.
7. If the challenged arbitrator does not withdraw within two weeks * after the day of receipt of the notification from the challenging party, the Executive Board shall promptly decide in writing on the merits of the chal-lenge. The Executive Board may give the challenged arbitrator and the parties the oppor-tunity to be heard. The decision shall be communicated by the Administrator to the parties and the arbitrator（s）。
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*This period of time is doubled in an international arbitrati-on （art. 5（2））。
8. If the Executive Board rejects the challenge, the challen-ging party may bring the grounds for the challenge before the court.
9. If the challenged arbitrator withdraws or if the challenge is upheld by the Executive Board or by the court, the arbitra-tor shall be replaced in accordance with the provisions of article 18（1）。 The provisions of article 18（2） shall apply accordingly.
10. If the challenged arbitrator is domiciled or has his actual residence outside the Netherlands, the period of time mentioned in paragraph （7） shall be doubled, regardless of whether the arbitration is international or not.
SECTION FOUR - PROCEDURE
Article 20 - Arbitration File and Communications
1. Simultaneously with the communication of the letter of appointment referred to in article 15, the Administrator shall transmit the arbitration file to the arbitral tribu-nal.
2. After transmission of the arbitration file to the arbitral tribunal, the parties shall send their communicati-ons and other written submissions directly to the arbitral tribunal. A copy of every communication or written submis-sion shall be sent simultaneously to the Administrator. The same applies to communications from the arbitral tribu-nal to the parties.
Article 21 - Representation of and Assistance for Parties
1. The parties may appear before the arbitral tribunal in person, be represented by a practising lawyer or be represen-ted by any other person expressly authorised in writing for this purpose. The parties may be assi-sted in the arbitral proceedings by any persons they may choose.
2. If a party is to be represented at a hearing by a practi-sing lawyer or by an authorised representative, he shall so notify in writing the arbitral tribunal and the other party as soon as possible after the date of the hearing is determined. If the request for arbitration referred to in article 6, or the short answer referred to in article 7, was filed by a practising lawyer or by an authorised respresentative, said notification shall be deemed to have taken place.
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*This period of time is doubled in an international arbitration （art. 5（2））。
Article 22 - Place of Arbitration
1. If the place of arbitration is not agreed to by the par-ties, the place shall be determined by the arbitral tribunal as soon as possible after receipt of the arbitrati-on file. The arbitral tribunal shall notify the parties and the Admini-strator in writing of the place so determined.
2. The arbitral tribunal may hold hearings, deliberate, and examine witnes-ses and experts at any other place, within or outside the Netherlands, which it deems appropriate.
Article 23 - Procedure in General
1. The arbitral tribunal shall ensure the equal treatment of the parties. It shall give each party an opportunity to substantiate his claims and to present his case.
2. The arbitral tribunal shall determine the manner in which, and the periods of time within which, the procedure shall be conducted, taking into account the provisions of these Rules, arrangements, if any, between the parties, and the circumstan-ces of the arbitration.[page]
3. The arbitral tribunal shall ensure that the arbitral proce-dure takes place with due dispatch. It may, at the re-quest of a party or on its own motion, extend in exceptio-nal cases a period of time fixed by it or agreed to by the par-ties.
4. At the request of a party, or on its own motion, the arbi-tral tribunal may, after receipt of the arbitration file or at a later stage of the procee-dings, hold a meeting with the parties to discuss the course of the procee-dings and/or to specify further the factual and legal issues in dispute.
Article 24 - Exchange of Memorials
1. Unless the parties have agreed otherwise, the claimant and the respon-dent shall be given the opportunity by the arbitral tribunal to submit a statement of claim and a statement of defence, respectively.
2. Unless the parties have agreed otherwise, it is at the discretion of the arbitral tribunal whether a memorial of reply and a memorial of rejoinder shall be submitted. The same applies to any further written submissions of the parties.
3. The provisions of this article shall apply to a coun-ter-claim accordin-gly.
Article 25 - Counterclaim
1. A counterclaim that is not raised, at the latest, in the statement of defence or, in the absence thereof, that is not brought forward in the first written or oral defence, cannot be raised at a later stage in the same arbitral proceedings, except in exceptional circumstances as determi-ned by the arbitral tribunal.
2. A counterclaim is admissible if it falls under the same arbitration agreement as that on which the request for arbi-tration is based, or if the same arbitration agree-ment is expressly or tacitly made to apply to it by the parties.
Article 26 - Hearing
1. The arbitral tribunal shall give the parties an oppor-tunity to elaborate on their contentions orally at a hearing unless the parties agree to forego such opportunity.
2. The arbitral tribunal shall determine the day, time and place of the hearing and shall give the parties adequate advance notice thereof. The same shall apply to any further hearing that the arbitral tribunal may, at its discretion, deem necessary.
3. The arbitral tribunal may allow other persons than those mentioned in articles 21, 29, 30 and 31, to attend the hearing unless a party raises objections thereto.
Article 27 - Evidence in General
Unless the parties have agreed otherwise, the arbitral tribu-nal shall be free to determine the admissibility, relevance, materiality and weight of evidence as well as the allocation of the burden of proof.
Article 28 - Production of Documents
1. Except as otherwise agreed by the parties, the memori-als mentioned in article 24 shall be accompanied by, to as large an extent as possible, the documentary evidence relied on by the parties.
2. The arbitral tribunal shall have the power to order the production of specific documents which it deems relevant to the dispute.
Article 29 - Witnesses
1. The arbitral tribunal shall determine the day, time and place of the examination of witnesses, as well as the manner in which the examination shall proceed unless the parties agreed to a manner of examination. The parties shall be noti-fied in writing in a timely manner of this day, time and place.
2. A party who wishes to have a witness examined shall notify the arbitral tribunal and the other party in a timely manner of the witness' name and the subject matters of the witness' testimony.
3. The arbitral tribunal shall decide whether a witness shall be examined under oath or on affirmation.
4. The arbitral tribunal shall decide whether, and in what form, the examination shall be recorded.
5. If the arbitral tribunal is composed of more than one arbitrator, it shall be authorised to designate one of its members to examine witnesses. In such case a written report of the examination of the witnes-ses shall be made.
Article 30 - Experts （Party-Appointed）
A party shall be free to submit the opinion of an expert consulted by him. If the party submitting the expert opinion or the other party so requires, or if the arbitral tribunal so determines, the party submitting the opinion shall call the expert to appear at a hearing to further explain his opinion, unless the arbitral tribunal shall determine a different method of calling such expert witness.
Article 31 - Experts （Tribunal-Appointed）
1. The arbitral tribunal may appoint one or more experts to give advice. The arbitral tribunal may consult the parties as to the terms of reference for the expert.
2. The arbitral tribunal shall promptly communicate to the parties a copy of the appointment and the terms of reference of the expert.
3. If a party fails to provide an expert with the informa-tion required by him or fails to give him the necessary cooperati-on, the expert may request the arbitral tribunal to order that party to do so.[page]
4. Promptly upon receipt of the expert's report, the arbitral tribunal shall communicate a copy of this report to the par-ties.
5. The parties shall be given an opportunity to comment in writing on the expert's report within a period of time set by the arbitral tribunal.
6. A party may request the arbitral tribunal to exam-ine the expert at a hearing. If a party wishes to make such request, he shall so inform the arbi-tral tribunal and the other party promptly upon receipt of the expert's report. The arbitral tribu-nal shall give each party, so if requested, an op-portuni-ty of presenting his own experts at the same hearing. Article 29（5） shall apply accordingly.
7. The arbitral tribunal shall not be obligated to follow the expert's advice if it is not in conformity with its own con-victions.
Article 32 - Site Inspection
If the arbitral tribunal deems it appropiate, it may order a site inspection. The parties shall be given the opportu-nity to be present at the inspection.
Article 33 - Order for Appearance in Person of Parties
At any stage of the proceedings the arbitral tribunal may order the parties to appear in person for the purpose of providing information or attempting to arrive at a settle-ment.
Article 34 - Amendment of Claim
1. A party may amend or increase a claim or counterclaim, as the case may be, at the latest at the beginning of the final hearing or, in the absence of a hearing, at the latest in the final memorial admitted by the arbitral tribunal. Thereafter, such shall no longer be allowed except in exceptional circum-stances as determined by the arbitral tribunal. A party may at all times decrease his claim or counterclaim, as the case may be.
2. The other party may object to an amendment or increase if this unreaso-nably hinders his defence, or if this causes unreasonable delay of the proceedings. The arbitral tribu-nal shall hear the parties and promptly decide on the objections raised by the other party.
3. In case of default of a party as provided in article 36, the arbitral tribunal shall give in writing the defaul-ting party an opportunity to comment on the amendment or increase.
Article 35 - Withdrawal of Request for Arbitration
1. The claimant may withdraw his request for arbitration so long as the respondent has not submitted a statement of defen-ce as referred to in article 24 or, in case the arbi-tration does not take place on the basis of written submis-sions, so long as a hearing has not been held.
2. Thereafter, withdrawal of the request for arbitration shall be possible only with the express consent of the respon-dent, without prejudice to the provisions of articles 57（5） and 59（6）。
3. The withdrawal shall be confirmed in writing to the par-ties by the Administrator and, after its appointment, by the arbi-tral tribunal through the intermediary of the Administra-tor.
Article 36 - Default
1. If the respondent, without showing good cause, fails to submit within the period of time set by the arbitral tribunal a statement of defence as referred to in article 24, the arbitral tribunal may render an award forth-with.
2. This award shall be rendered in favour of the claimant unless the arbitral tribunal considers the claim to be unlaw-ful or unfounded. Before rendering the award, the arbitral tribunal may require the claimant to produce evidence in support of one or more of his contentions.
3. Paragraphs （1） and （2） shall apply accordingly if a hea-ring takes place, whether or not preceded by an exchange of memori-als, and the respondent, although duly notified, fails to appear without showing good cause.
4. If the claimant, without showing good cause, fails to submit, within the period of time set by the arbitral tribu-nal, a statement of claim as referred to in article 24, the arbitral tribunal may terminate the arbitral procee-dings by means of an award. The same shall apply if the claimant, after submitting the statement of claim, fails to comply with an order of the arbitral tribunal to duly explain his claim within the period of time set by the arbitral tribunal.
5. The provisions of this article shall apply accordingly to a counter-claim.
Article 37 - Summary Arbitral Proceedings after the Ap-point-ment of the Arbitral Tribunal on the Merits
1. If the place of arbitration is situated within the Nether-lands, the arbitral tribunal is authori-sed, at the request of a party, in case where, con-sidering the interests of the parties, an immediate provisional measure is urgently requi-red, to make an award in summary arbitral proceedings at any stage of the proceedings. This includes the authority to order the provision of security on behalf of the party who requests it, in a form to be determined by the arbitral tribunal, regarding any claim or coun-terclaim, as well as regarding costs related to the arbitration on the merits.
[page]2. The request shall be submitted to the arbitral tribunal in a separate memorial； simultaneously, a copy of the memorial shall be sent to the other party and to the Administrator. The memorial shall contain a clear description of the requested provi-sional measure, the reasons for the claim and for the purported urgency. The evidence on which the claim is based shall be submitted together with the memorial, in so far as they have not yet already been submitted in the proceedings.
3. The arbitral tribunal shall determine immediately the day, time and place of the hearing for the claim referred to in the second paragraph and shall promp-tly notify the parties in writing thereof. Further submission of written memorials shall only take place if the arbitral tribunal so determines.
4. If the arbitral tribunal determines that the case is not sufficiently urgent or is too complicated to be decided by a provisional decision, it may reject the claim either wholly or partially and determine that it shall be decided in the arbi-tration on the merits.
5. A decision as referred to in the first paragraph shall be regarded as an arbitral award in the sense of article 1051（3） of the Code of Civil Procedure. The provisions of Section Five of these Rules also apply.
6. The provisional decision shall in no way prejudi-ce the final judgment of the arbitral tribunal with regard to the merits of the case.
7. The submission of a claim based on this article does not preclude a party from requesting a court to grant interim measures of protection.
Article 38 - Provisional Measures other than in Summary Arbi-tral Proceedings
1. Without prejudice to the power provided in arti-cle 37, the arbitral tribunal, at the request of a party, at any point in the proceedings, may provisi-onal-ly make any decision or take any measure regar-ding the object of the dispute which it deems useful or necessary.
2. The decision or measure shall be made or taken, respective-ly, in the form of an order of the arbi-tral tribunal.
3. The decision or measure shall in no way prejudice the final judgement of the arbitral tribunal with regard to the merits of the case.
4. The request does not preclude a party from re-questing a court to grant interim measures of pro-tection or from applying to the President of the District Court for a decision in summary procee-dings.
Article 39 - Tribunal Secretary； Technical Assistance
1. At the request of the arbitral tribunal, the Admini-strator shall arrange for the presence of a lawyer who acts as the secretary to the arbitral tribunal. The provi-sions of arti-cles 10, 11 and 19 shall apply accordingly to the secretary.
2. The arbitral tribunal may request the Administrator to arrange for technical assistance in the arbitral procee-dings.
Article 40 - Language
1. The arbitral proceedings shall be conducted in the langua-ge or languages as agreed by the parties or, in the absence of such agreement, in the langua-ge or languages determined by the arbitral tribunal.
2. Until such time as the arbitral tribunal has determined the language or languages as referred to in paragraph （1）, the Administrator may, at the request of the other party or on his own motion, require a party to provide translations of his submissions and documents in a language which the other party understands and in such form and within such period of time as the Administrator shall determine.
3. Without prejudice to the provisions of paragraphs （1） and （2）, if any notice, submission or document is written in a language which the Administrator or the arbitral tribunal does not understand, the Adminstrator and, after its appointment, the arbitral tribunal may require the party from whom such notice, submission or document emanates to provide a transla-tion in such language, in such form and within such period of time as the Administrator or the arbitral tribunal, as the case may be, shall determine.
4. At the request of the arbitral tribunal, the Administra-tor shall arrange for the presence of an interpreter at the hea-ring.
Article 41 - Third Parties
1. A third party who has an interest in the outcome of arbi-tral proceedings to which these Rules apply may request the arbitral tribunal for permission to join the proceedings or to intervene therein.
2. Such request shall be filed with the Administrator in six copies. The Administrator shall communicate a copy of the request to the parties and to the arbitral tribunal.
3. A party who claims to be indemnified by a third party may serve a notice of joinder on such a party. A copy of the notice shall be sent without delay to the arbitral tribunal, the other party and the Adminstrator.
4. The joinder, intervention or joinder for the claim of indemnity may only be permitted by the arbitral tribunal, having heard the parties and the third party, if the third party accedes to the arbitration agreement by an agreement in writing between him and the parties to the arbitration agree-ment. On the grant of request for joinder, interventi-on or joinder for the claim of indemnity, the third party becomes a party to the arbitral proceedings.[page]
5. In case of a request or notice as referred to in para-graphs （1） and （3）, respectively, the arbitral tribunal may suspend the proceedings. After the suspension, the procee-dings shall be resumed in the manner as determined by the arbitral tribu-nal, unless the parties have agreed otherwise.
6. The provisions on the costs of the arbitration contai-ned in the sixth section shall apply accordingly to a third party who has acceded to the arbitration agreement in accordance with the provisions of paragraph （4）。
Article 42 - Non-Compliance of a Party with Provisions
Contained in Section Four
If a party does not comply, or complies insufficiently, with any provision contained in this section, or with an order, decision or measure issued by the arbitral tribunal pursuant to this section, the arbitral tribunal may draw therefrom the conclusions it deems appropriate.
SECTION FOUR A - SUMMARY ARBITRAL PROCEE-DINGS
Art. 42a - In General, Relationship with Article 37 Procedure
1. In cases where, considering the interests of the parties, an immediate provisional measure is urgent-ly required, a request for such measures may be heard and decided in summary arbitral proceedings, in accordance with the provisions of this section.
2. If, however, an arbitration between the same parties has been commenced and the appointment of the arbitrators has been confirmed by the Admini-strator in accordance with article 15（1）, the provi-sions of this Section do not apply and the special procedure prescribed in article 37 of these Rules is to be followed.
3. The provisions of Section One and Sections Five through Seven apply to the procedure referred to in the first para-graph without exception. The provisi-ons of Sections Two throu-gh Four apply only in so far as reference is made to them in this Section.
4. The provisions of this Section apply if the place of arbi-tration in situated within the Netherlands. If the parties have not determined the place of arbitration, Rotterdam will be the place of arbitra-tion, for the purpose of the applicati-on of the provisions of this Section.
Article 42b - Commencement
1. Summary arbitral proceedings as meant in this Section commence by the filing of a request for summary arbitral proceedings with the NAI Secretari-at. It shall be deemed to have commenced on the day the request is received by the NAI Secretariat.
2. The request shall be filed in two copies and shall be accompanied by the exhibits on which the claimant bases his claim.
3. The request may also be commenced by rapid writ-ten communi-cation on the condition that after the commencement the clai-mant promptly transmits any exhibits in duplicate to the Administrator.
Article 42c - Contents of the Request
The request shall contain the information mentioned in article 6（3） under （a）, （b）, （c）, （d）, （e） and （i）, on the condition that the brief description of the dispute be accompanied by a description of the rea-sons for the claim and for the purported urgency.
Article 42d - Notification of Request to Respondent
1. One copy of the request, together with any exhi-bits shall be promptly and properly notified to each respondent.
2. Proof of the notification to each respondent shall at the latest be submitted at the hearing referred to in article 42g（1）。
Article 42e - Confirmation of Receipt of Request
The Administrator shall communicate to the parties a written acknowledgement of the receipt of the re-quest, making mention of the date of receipt.
Article 42f - Appointment of Arbitral Tribunal
As soon as possible after the receipt of the re-quest, the Administrator shall appoint the arbitral tribunal, consisting of a sole arbitrator, which arbitral tribunal shall decide in summary arbitral proceedings. If the parties have agreed on a method of appointment of the arbitrator or arbitrators, such method shall not apply to the appointment of the arbitral tribunal referred to in the previous sentence, unless the parties have actually agreed upon a method of appointment of a summary procee-dings arbitral tribunal. No person shall be preclu-ded from appointment as arbitrator by reason of his nationality.
2. The appointment of the arbitrator shall be con-firmed by the Administrator by a letter of appoint-ment addressed to the arbitrator.
3. Articles 10, 11, 15（2） and （3）, 17, 18（2） and 19 apply without exception. In the cases referred to in articles 18（1） and 19（9）, the appointment of the new arbitrator shall take place according to the method provided in the first paragraph of this article.
Article 42g - Hearing
1. The arbitral tribunal shall determine immediately the day, time and place of the hearing for the claim in summary arbi-tral proceedings and shall promptly notify the parties in writing thereof.
2. Written memorials are to be filed only if the arbitral tribunal so determines, without prejudice to the provisions of Articles 42h and 42i. Article 26（3） shall apply accordingly.[page]
Article 42h - Plea of Lack of Jurisdiction
If the respondent wishes to raise the plea of lack of juris-diction of the arbitral tribunal on the ground that there is no valid arbitration agreement, he shall raise this plea before submitting any de-fence at the very latest at the hea-ring referred to in article 42g（1） or, if a memorial is filed prior to that hearing, at the very latest in that memori-al. Article 9（3） through （6） applies.
Article 42i - Counterclaim
The respondent or respondents are entitled to submit a coun-terclaim in summary arbitral proceedings. The counterclaim shall be made by means of a written memorial which shall be submitted to the arbitral tribunal at the latest at the hea-ring referred to in article 42g（1） and copies shall be delive-red either by mail or by hand to the claimant and sent to the Administrator.
42j - Procedure
The provisions of articles 20, 21, 22（2）, 23（1） and （3）, 27 through 36, 39, 40 and 42 apply accordingly.
42k - Referral to Arbitration on the Merits
If the arbitral tribunal determines that the case is not sufficiently urgent or is too complicated to be decided by a provisional decision, it may reject the claim either wholly or partially and refer the par-ties to arbitration on the merits. An arbitration on the merits shall be commenced on the basis of arti-cle 6 of these Rules.
42l - Nature of the Decision； Security
1. A decision in summary arbitral proceedings is an arbitral award in the sense of article 1051（3） of the Code of Civil Procedure. The provisions of Sec-tion Five of these Rules also apply.
2. The arbitral tribunal shall be authorised to order security in a form determined by it with res-pect to any claim or coun-terclaim in summary arbi-tral proceedings on behalf of the party making such request.
3. The arbitral tribunal may decide on the merits upon joint request of the parties.
In such case, the award shall specifically mention this re-quest and the decision shall be re-garded as an award on the merits to which the provi-sions of Section Five apply.
42m - Relationship with the Case on the Merits
The provisional decision shall in no way prejudice the final decision of the arbitral tribunal that decides on the merits of the case.
42n - Administration Costs and Deposit for Costs
1. The provisions of Section Six apply to summary arbi-tral pro-ceedings, on the condition that the admini-strative costs and the deposit for costs must be paid or deposited, respecti-vely, prior to the hea-ring referred to in article 42g（1） and if a counter-claim is submitted at the hearing, immediately after the hearing.
2. The arbitral tribunal shall be authorised to suspend the procedure or to withhold its decision if one of the parties has not complied with the finan-cial obligations arising from this article. If one party after a reminder in writing by the Administra-tor has not complied with its financial obligations arising from this article, it shall be considered that the party has withdrawn its claim or counter-claim.
42o - Interim Measures of Protection
The submission of a claim based on this Section does not preclude a party from requesting a court to grant interim measures of protection.
SECTION FIVE - AWARD
Article 43 - Period of Time
1. At the end of the hearing referred to in articles 26, 37（3） and 42g（1）, the arbitral tribunal shall inform the parties of the period of time within which it will make its award. If the parties have waived a hearing, as referred to in article 26, the parties shall be informed after submission of the last memorial. The arbitral tribunal shall be autho-rised, if neces-sary, to extend the period of time one or more times. In all cases the arbitral tribu-nal shall decide with all due des-patch.
2. The mandate of the arbitral tribunal shall last until it has rendered its last final award, without prejudice to the provisions of articles 52 and 53.
Article 44 - Types of Awards
The arbitral tribunal may render a final award, a partial award, or an interim award without prejudice to the powers of the arbi-tral tribunal referred to in articles 37（1） and （5）, 42a（1） and 42l.
Article 45 - Decision According to Rules of Law or as Amiable Compositeur
1. The arbitral tribunal shall decide as amiable composi-teur unless the parties agreed to authorise it to make its award in accordance with the rules of law.
2. In an international arbitration, the arbitral tribunal shall make its award in accordance with the rules of law unless the parties agreed to authorise it to decide as amiable compositeur.
Article 46 - Applicable Law
If a choice of law is made by the parties, the arbitral tribu-nal shall make its award in accordance with the rules of law chosen by the parties. Failing such choice of law, the arbi-tral tribunal shall make its award in accordance with the rules of law which it considers appropriate.[page]
Article 47 - Trade Usages
In all cases the arbitral tribunal shall take into account any applicable trade usages.
Article 48 - Decision-Making； Signing of Award
1. If the arbitral tribunal is composed of more than one arbitrator, it shall decide by a majority of votes.
2. If a minority of the arbitrators refuses to sign, the other arbitrators shall make mention thereof beneath the award signed by them. This statement shall also be signed by them.
3. If a minority of the arbitrators is incapable of signing and it is unlikely that this impediment will cease to exist within a reasonable time, the provisions of the previous paragraph shall apply accordingly.
4. No mention shall be made in the award of the opinion of a minority of the arbitrators. In an international arbitration, however, a minority may express its opinion to the other arbitrators and to the parties, in a separa-te document. This document shall not be deemed to form part of the award.
Article 49 - Form and Contents of Award
1. The arbitral award shall be recorded in writing in four copies and signed by the arbitrator（s）, having regard to the provisions of article 48（2） and （3）。
2. The arbitral award shall contain in any case：
（a） the name and domicile or actual residence of the arbitrator（s）；
（b） the name and domicile, seat or actual residence of the parties；
（c） a short summary of the procedure；
（d） a description of the claim and a description of the counterclaim, if any；
（e） the reasons for the decision given in the award；
（f） the determination and award of the arbitration costs referred to in article 61；
（g） the mention whether, in accordance with the provi-sions of article 45, the arbitral tribunal decided in accordance with the rules of law or as amiable compositeur；
（h） the decision；
（i） the place where the award is made, which is at the same time the place of arbitration referred to in article 22； and
（j） the date on which the award is made.
If the award is a decision in summary arbitral pro-ceedings, a partial final award or an interim award, the determination and award of the arbitration costs referred to in the previous paragraph under （f） may be reserved until later in the procee-dings.
4. As soon as possible after being signed, the copies of the award shall be communicated to the Administrator.
Article 50 - Notification and Deposit of Award
1. Upon receipt of the award the Administrator, on behalf of the arbitral tribunal, shall ensure that without delay：
（a） a copy of the award is communicated to each of the par—— ties by registered mail；
（b） an award in summary arbitral proceedings or a final award, or partial final award, rendered in the Ne-therlands is deposi-ted with the registry of the district court within whose district the place of arbitration is located.
2. The Administrator shall inform the parties and the arbi-tral tribunal as soon as possible in writing of the date of the deposit mentioned in the previous paragraph under （b）。
3. A copy of the award shall be kept in the archives of the NAI for a period of ten years. During this period, parties may request the Administra-tor for a certified copy of their award, against payment of the costs there-for.
Article 51 - Res Judicata of Award
An arbitral award shall bind the parties from the day it is rendered. By agreeing to arbitration by the NAI or in accor-dance with the NAI Rules, the parties shall be deemed to have undertaken to carry out the resulting award without delay.
Article 52 - Rectification or Correction of Award
1. No later than 30 days after the date of depo-sit referred to in article 50（1）（b）, a party may request the arbitral tribunal to rectify a manifest computa-tion or clerical error in an award.
2. If the details referred to in article 49（2）（a） （b）,（i） and （j） are stated incorrectly or are parti-ally or wholly absent from an award, a party may, no later than 30 days after the date of deposit of an award referred to in article 50（1）（-b）, request that the arbitral tribunal correct the mistake or omissi-on.
3. This request shall be submitted to the Administrator in writing, in five copies. The Administrator shall commu-nicate a copy of the request to the other party and to the arbitral tribunal.
4. The arbitral tribunal may, also on its own initiative, no later than 30 days after the date of deposit of an award referred to in article 50（1）（b-）, make the rectification refer-red to in paragraph （1）, or the correction referred to in paragraph （2）。
5. In the event that the arbitral tribunal makes the rectifi-cation or correction, it shall record it in a separa-te docu-ment which shall be deemed to form part of the award. This document shall be made in four copies and shall con-tain：[page]
（a） the details referred to in article 49（2）（a） and （b）；
（b） a reference to the award to which the rectificati-on or correction pertains；
（c） the rectification or correction；
（d） the date of rectification or correction, provided that the date of the award to which the rectifi-cation or correction pertains shall remain conclu-sive；
（e） a signature to which the provisions of article 48 apply.
6. The document referred to in the previous paragraph shall be communicated to the Administrator as soon as possible after it is signed. The Administra-tor shall communicate it to the parties and deposit it with the registry of the district court； the provisions of article 50 shall apply accordingly. The document shall be attached to the copies of the arbitral award to which it pertains.
7. If the arbitral tribunal denies the request for recti-fica-tion or correc-tion, it shall inform the parties in writing thereof through the intermediary of the Administra-tor.
8. In case of an interim arbitral award, the provisions of this article shall apply accordingly, it being understood that the request referred to in paragraphs （1） and （2） may be made no later than thirty days after receipt of the award.
Article 53 - Additional Award
1. If the arbitral tribunal has failed to decide on one or more matters which have been submitted to it, a party may, no later than thirty days after the date of deposit of an award referred to in article 50（1）（b）, request the arbitral tribunal to render an additional award.
2. This request shall be submitted to the Administrator in writing, in five copies. The Administrator shall commu-nicate a copy of the request to the other party and to the arbitral tribunal.
3. Before deciding on the request, the arbitral tribunal shall give the parties the opportunity to be heard.
4. An additional award shall be regarded as an arbitral award to which the provisions of this section shall apply.
5. If the arbitral tribunal rejects the request for an addi-tional award, it shall inform the parties in writing through the intermediary of the Administrator. A copy of this notifi-cation, signed by an arbitrator or by the secre-tary of the arbitral tribunal, shall be deposited with the registry of the district court, in accordance with the provisions of article 50（1）（b）。 The provisions of article 50（2） and （3） shall apply accordingly.
Article 54 - Arbitral Award on Agreed Terms
1. If during the arbitration proceedings the parties reach a settlement, the contents thereof may, at their joint request, be recorded in an arbitral award. The arbitral tribunal may deny the request without giving reasons.
2. An arbitral award recording a settlement between parties shall be regarded as an arbitral award to which the provisions of this section apply, provided that：
（a） notwithstanding the provisions of article 49（2）（e）, the award does not need to contain reasons； and
（b） the award is also signed by the parties.
Article 55 - Publication of Award
Unless a party communicates in writing to the Administrator his objections thereto within one month after receipt of the award, the NAI shall be autho-rised to have the award published without mentioning the names of the parties and deleting any further details that might disclose the identi-ty of the par-ties.
SECTION SIX - COSTS
Article 56 - Costs in General
The costs of the arbitration shall include the costs refer-red to in articles 57, 58 and 60 as well as the other costs which in the opinion of the arbitral tribunal were necessari-ly incurred in the arbitration.
Article 57 - Administration Costs
1. Upon commencement of the arbitration, a fixed amount for administration costs shall be due from the claimant to the NAI, to be determined in accor-dance with the provisions of the next paragraph. The Administrator shall notify the claimant of this amount as soon as possible after receipt of the re-quest for arbitration.
2. The administration costs shall be determined on the basis of a schedule fixed by the Governing Board, which schedule is contained in the Appendix to these Rules. This schedule may be revised from time to time by the Governing Board in accor-dance with the provisions of article 67. If the administrati-on costs cannot be determined on the basis of said schedule, the Admi-nistrator shall decide thereon.
3. In case of a counterclaim, administration costs shall also be due from the respondent, to be determined in accor-dance with the provisions of the previous paragraph.
4. In case a claim or counterclaim is increased, additio-nal administration costs, to be determined in accordance with the provisions of paragraph （2）, shall be due from the claimant or the respondent, respectively.
5. The Administrator shall be in charge of collecting the administration costs that are due. If a party fails, within 14 days * after a second reminder in writing by the Admini-strator, to pay the administration costs due, he shall be deemed to have withdrawn his claim or counterclaim, as the case may be.[page]
6. If a claimant withdraws his request for arbitration before transmission of the arbitration file to the arbitra-tor（s）, half of the administration costs as paid by him shall be reimbursed to him. The same shall apply if a respondent
withd-raws his counterclaim before transmission of the arbitra-tion file to the arbitrator（s）。 In all other cases, no admi-nistra-tion costs will be reimbursed.
7. If parties have agreed only to appointment of arbitra-tor（s） by the NAI as referred to in article 14（7）, half of the admi-nistration costs shall be due from the petitioner.
Article 58 - Fees and Disbursements of Arbitrators
1. The fees of the arbitrator（s） shall be determined by the Administrator after consultation with the arbitrator（s）。 In determining the fees, the time spent on the case by the arbi-trator（s）, the amount in dispute and the complexity of the case shall be taken into account.
2. The disbursement of an arbitrator include, among other things, reasona-ble costs for travel and lodging； secretarial assistance； conference rooms； mailing and telephone, telex and telefax.
____________
*This period of time is doubled in an international arbitration （art. 5（2））。
Article 59 - Deposit for Costs
1. The Administrator shall be authorised to require that the claimant pay a deposit from which, to the extent possi-ble, the fees and disbursements of the arbitrator（s） are to be paid. If the respondent has introduced a coun-ter-claim, the Admini-strator may require him to pay a deposit as well.
2. The deposit referred to in the previous paragraph shall also serve to pay the costs of depositing the award at the registry of the district court. The costs of a secretary, an expert appointed by the arbitral tribunal, technical assistan-ce and interpreter shall also be paid from the deposit, if and to the extent that such costs were incurred by the arbitral tribunal.
3. As soon as possible after the arbitration file is trans-mitted to it, the arbitral tribunal shall consult with the Administrator on the expected volume of work for the purpose of determining the amount of the deposit.
4. The Administrator may at all times require that the clai-mant and/or the respondent pay an additional deposit.
5. The Administrator shall notify the arbitral tribunal of the deposit.
6. The arbitral tribunal shall be authorised to suspend the arbitration with regard to the claim or counterclaim, inclu-ding a claim or counterclaim in summary arbitral proceedings as referred to in arti-cle 37（2） until the party concerned has paid the deposit for costs required of him. If, within 14 days * after a second reminder in writing by the Administrator, a party does not pay the deposit required of him, he shall be deemed to have withdrawn his claim or counterclaim, as the case may be.
7. The NAI shall not be liable for payment of any costs which are not covered by a deposit. No interest shall be paid on the amount of a deposit.
Article 60 - Costs of Legal Assistance
The arbitral tribunal may award against the losing party the costs of legal assistance incurred by the party in whose favour the award is rendered if and to the extent that these costs are deemed necessary by the arbitral tribunal.
_____________
*This period of time is doubled in an international arbitration （art. 5（2））。
Article 61 - Determination and Award of Costs
1. The arbitral tribunal shall determine the costs of the arbitration, having regard to the provisions of article 58（1）。
2. The losing party shall be condemned to bear the costs, except in special cases at the discretion of the arbitral tribunal. If both parties have lost in part, the arbitral tribunal may divide the costs between them, wholly or in part.
3. In awarding the costs, the arbitral tribunal shall take into account the deposit made in accordance with article 59. To the extent that a deposit made by a party is used to pay costs that were awarded against the other party in accordance with the provisions of the previous paragraph, the latter party shall be condemned to reimburse the former party for these costs.
4. Costs may also be awarded if they were not expressly clai-med by a party.
Article 62 - Costs in Case of Premature Termination
1. If an arbitrator is released from his mandate before the last final award, he may claim reasonable compensation for the work performed by him, with the exception of special circum-stances as determined by the Administra-tor. This compensation shall be determined by the Administrator and shall fall under the costs of the arbitration. It will be included by the arbitral tribunal in the determination and award of costs in accordance with the provisions of article 61.
2. If the mandate of the arbitral tribunal is terminated before the last final award, the arbitrator or arbitrators may also claim reasonable compen-sation for the work perfor-med by them, to be determined by the Administrator, unless terminati-on takes place on the ground that the mandate was performed in an unacceptably slow manner.[page]
3. In case of a decision that jurisdiction is lacking, the provisions of this article shall apply accordingly, provided that the costs as determined shall be awarded against the claimant.
SECTION SEVEN - FINAL PROVISIONS
Article 63 - Violation of Rules
In case of an action violating any provision of these Rules or a failure to act in accordance with any provision of these Rules, a party shall object thereto in writing as soon as possible after the violation became known to him, on pain of being barred from doing so thereafter, in the arbitral procee-dings or in court proceedings.
Article 64 - District Court President having Jurisdiction
If the place of arbitration is within the Netherlands, the President of the District Court of Rotterdam shall have juris-diction in the matters referred to in article 1027（3） CCP with regard to the appointment of the arbitra-tor（s）, article 1028 CCP with regard to the privileged position of a party in the appointment of the arbitrator（s）, article 1035（2） CCP with regard to the challenge of an arbitrator, and article 1041（2） CCP with regard to the examination of an unwilling witness.
Article 65 - Unforeseen Matters
In all matters not provided for in these Rules, the spirit of these Rules shall be followed.
Article 66 - Exclusion of Liability
Neither the NAI, nor any member of its Governing Board person-ally, nor the Administrator, nor any arbitrator can be held liable for any act or omission with regard to an arbitration governed by these Rules.
Article 67 - Amendment of Rules
1. The Governing Board may at all times amend these Rules. Such amendments shall have no effect with regard to arbitra-tions that have already been commenced.
2. These Rules shall apply in the form as they are in force at the time the arbitration is commenced.
