Arbitration Institute of the Netherlands Antilles and Aruba ("AINAA")

Willemstad, Curaçao

NA

An executive board of three persons and a board of directors of eight persons.

Parties are free to appoint the arbitrators themselves. If Parties themselves have not appointed the arbitrators or in case an additional arbitrator is to be appointed, the AINAA shall appoint the arbitrators by sending an identical list of names of prospective arbitrators to each Party. Each Party can strike out the names of persons that this Party strongly objects to and numbers the remaining names in order of his preference. AINAA will, upon receipt of the lists, invite the persons appearing on the lists to act as arbitrators with due observance of the preference and/or objections expressed by the parties.

The place of arbitration may be freely chosen by the parties. If the place of arbitration has not been determined by the parties by agreement, this place shall be determined by the arbitral tribunal as soon as possible upon receipt of the arbitration file, provided that the arbitral tribunal can hold its sessions, deliberate, and hear witnesses and experts in any other place it deems suitable for this purpose, either within or outside the Netherlands Antilles and Aruba.

NA

It is not possible to determine the average costs, as this depends on the complexity of the matter as well as the number of arbitrators. The fees of one arbitrator are as an average about USD 250 per hour and USD 2,000 per day.

See response to question 8a.

See response to question 8a.

The administration costs are 15% of the fees of the arbitrator's honorarium or the third party giving a binding ruling, with the minimum amount, linked to the financial interest involved in the case ranging from ANG 500,- (USD 280) to ANG 7,500 (USD 4,190). The party instituting a claim has to make a deposit with the Arbitration Institute for the fees, administration costs, and other expenses. The defendant also has to contribute if the defendant makes any claims. The losing party is ordered to pay all costs of the proceedings, in principle, so the fees, the expenses of the arbitral tribunal and the costs of the winning party.

Yes, it does. The AINAA-rules include the terms of reference. 1)Arbitration proceedings begin by the submission of a written request to AINAA. 2)The secretary of the executive committee of the AINAA forwards a copy of the arbitration request to the respondent stating the date of receipt and invites him to briefly reply to it. 3) The claimant and respondent are given the opportunity to submit his or her statement of claim or statement of defense, respectively. 4) The second exchange of documents can take place. Unless the parties decide not to have one, the hearing will then take place, in which the parties and/or their counsel can elaborate their assertions. 5) After the hearing, the arbitral tribunal will deliberate and the award is drafted. 6)The arbitral tribunal has to ensure a fair and speedy progress of the arbitration proceedings.

Parties may agree on the leading language for the proceedings. If parties have not agreed on a leading language for the proceedings, the arbitral tribunal shall determine the language or languages in which the proceedings will be conducted, taking the preferences of the different parties into consideration.

The secretary of the executive committee of the AINAA or his substitute is the main point of contact for the parties. The arbitrator is not permitted to have contact with either party during the proceedings concerning affairs related to the proceedings, except in as far as it merely concerns procedural issues, in which case the arbitrator shall notify all the parties at the same time.

There are no restrictions. If parties have not agreed on a leading language for the proceedings, the arbitral tribunal shall determine the language or languages in which the proceedings will be conducted, taking the preferences of the different parties into consideration.

The secretary of the executive committee of the AINAA appoints a substitute or new arbitrator unless the parties have agreed on another substitution method.

Yes, there are specific regulations for joinders, third-party intervention and joinder for an indemnification claim.

Yes, unless parties explicitly indicate that they will not make use of this opportunity.

All means of evidence-taking is available an possible in arbitration proceedings in Curacao (e.g. witness hearing, documents, written statements, statements of experts). The admissibility of evidence, the distribution of the burden of proof, and the evaluation of the evidence shall be at the discretion of the arbitral tribunal unless parties have agreed differently. The arbitral tribunal shall be at liberty to deviate from the statutory provisions governing evidence.

In principle 6 months, considering no extraordinary circumstances.

The arbitrators will strive to finalize the proceedings and render an award in 6 months considering no extraordinary circumstances. This term of 6 months begins when the arbitrator or arbitrators accept the mandate.

Yes. The term may be extended pending the case, by the parties jointly or by the secretary of the executive committee of the AINAA at the request of either party or of the arbitrators.

Yes. The arbitral tribunal may at the request of either party, at any stage of the proceedings, make a preliminary decision or take interim measures it considers necessary or useful as to the issues in dispute. The request for an interim decision or measure will not affect the right of a party to request the court to grant a protective measure.

No, there are no provisions for an emergency arbitrator, but if parties agree on this between themselves and AINAA, there can be an emergency arbitrator in place.

Yes. In cases in which a summary decision by anticipation is required on account of urgency, given the parties’ interests, a claim related thereto can be heard and decided on in summary arbitration proceedings. An award should be rendered within three months instead of six.

The award will not be subjected to scrutiny. That said, the Court retains jurisdiction to set aside the award only in the event of:

a) an invalid arbitration agreement; b)a violation of due process; c) the deciding is beyond the scope of the submission; d) an irregular composition of the arbitral tribunal; e) the subject-matter of the dispute is not capable of settlement by arbitration under the law of this State; f) the award is in conflict with public policy of the state.

The allocation of the arbitration costs is determined by the arbitral tribunal at its discretion. In principle, the arbitral tribunal orders the party who lost in whole or in part to pay these costs.

Yes, the award can be set aside. The reasons for annulment in Curacao in principle correspond to the denial of enforcement according to the New York Convention. The reasons for annulment in Curacao are the following: a) an invalid arbitration agreement; b) a violation of due process; c) the deciding is beyond the scope of the submission; d) an irregular composition of the arbitral tribunal; e) the award has not yet become binding by the parties or, has been set aside or suspended by a court of the country in which, or under the law of which, the award was made; f) the subject-matter of the dispute is not capable of settlement by arbitration under the Law of the State; g) the recognition or enforcement of the award would be contrary to the public policy of the State.

NA

Not applicable but there is a model arbitration clause in ANNEX II to the Arbitration and mediation rules of the AINAA. The recommended text arbitration clause in preliminary agreement: “Any disputes that may arise in connection with this agreement or other agreements originating from same shall be submitted to settlement by arbitration in accordance with the Regulations and Arbitration Rules of the Arbitration Institute of the Netherlands Antilles and Aruba (AINAA).” Recommended text settlement agreement (further arbitration agreement): “The undersigned have a dispute related to the following issue:

………………….

and want to settle this dispute by arbitration in accordance with the Regulations and Arbitration Rules of the Arbitration Institute of the Netherlands Antilles and Aruba (AINAA), and they grant the AINAA administrator a mandate and irrevocable power of attorney to appoint one or more arbitrators in an odd number on their behalf, with due observance of the list procedure in those regulations.”