Referee Arbitral Proceedings

Referee Arbitral Proceedings are available when a party is in need of urgent provisional measures and the place of arbitration is located in The Netherlands

Any party in need of (an) urgent provisional measure(s) may make an application for such measure(s) in referee arbitral proceedings ("arbitraal kort geding"), as referred to in article 1043(b), paragraph 1, of the Dutch Code of Civil Procedure, in accordance with article 26b of the P.R.I.M.E. Finance Arbitration Rules and the referee arbitral proceedings rules set out in Annex D of the P.R.I.M.E. Finance Arbitration Rules.

Article 26b and the Referee Arbitration Rules shall apply only if:

1. The parties have agreed that the Referee Arbitration Rules shall apply; and
2. The place of arbitration is situated in the Netherlands.

Under article 26b and the applicable Referee Arbitration Rules, the parties undertake to comply with any decision made by the referee arbitral tribunal.

It is important to note that the referee arbitral award is an arbitral award as referred to in article 1043(b), paragraph 4, of the Dutch Code of Civil Procedure. The award rendered in a referee arbitraI proceedings shall in no way prejudice a final decision of an arbitral tribunal on the merits of the case.

For further information, please see Annex D. Referee Arbitral Proceedings in the P.R.I.M.E. Finance Arbitration Rules.