Since all proceedings are customised, it is not possible to provide a detailed cost estimate in advance. The costs depend largely on what the parties would like to include in the proceedings.
The total costs of arbitration comprise the following elements:
Administration costs. These are the costs to be paid to the NAI, based on the financial amount of a claim. The administration costs are also due if one files a (conditional) counterclaim. The administration costs are calculated on basis of a scale, from EUR 500 (interest of less than EUR 25,000) to a maximum of EUR 50,000 (interest of more than EUR 250,000,000).
Arbitrator fees and disbursements. The arbitrator fee is a variable amount based on the length of, financial interest in and complexity of the case, fixed at an hourly rate. This hourly rate is agreed by the Netherlands Arbitration Institute and the arbitrator upon confirmation of his appointment, pursuant to the guidelines set by the NAI Executive Board. This hourly rate cannot be negotiated and neither can it be negotiated between arbitrators and the parties. As a rule of thumb, having three arbitrators settle a dispute will roughly involve twice the costs of having one arbitrator do so. The disbursements may, for example, include the costs of a hearing room, expert, travel expenses and/or secretary to the tribunal. For the fees and disbursements of the arbitrators a deposit made by (one of) the parties is required. The deposit shall be calculated to cover all the estimated arbitrator fees and costs. The Secretariat will be entitled to request a supplementary deposit from one or more of the parties, either at the arbitrator’s request or otherwise.
Costs of legal assistance. It is possible to claim the costs of legal assistance. However, legal assistance is not mandatory in NAI arbitration.
Other costs that must be incurred according to the arbitrator(s), such as costs of witnesses.
More information can be found on the NAI website.