NL 5-20 Arbitration Act

HomeGovernanceCode of LawsNL 5-20 Arbitration Act

This act enables and regulates arbitration in the CDS

  1. Any parties to a dispute, which could be heard by a CDS Court, may agree to resolve their case by arbitration. Parties may also agree in advance that future disputes of a specified sort will be resolved by arbitration rather than a CDS Court.
  2. Arbitration may take any form and procedure agreed between the parties.
  3. The agreement to arbitrate and the process the arbitration will take must be put in writing by the parties when the agreement is made.
  4. Once parties agree to arbitration they and the CDS Courts must treat the arbitration agreement as binding. A court may only reconsider the arbitration if:
    (a) the arbiter did not follow the agreed procedure; or
    (b) a party can show that they suffered substantial injustice as a result of a serious flaw in the arbitration process.
  5. No arbitration agreement may:
    (a) give the arbiter power to banish a party or impose any sanction reserved to a branch of the CDS government, or
    (b) effect any impeachment jurisdiction
  6. An arbitration agreement may provide for the result to be appealed to a CDS Court.

passed 13 January 2007