DAA 2015 Quo Vadis? An Empirical and Substantive Analysis of Decisions on Applications for Set-Aside of Arbitral Awards under the Dutch Arbitration Act of 2015: Has the Dutch Legislator Reached Its Objectives?

This contribution investigates whether the Dutch Arbitration Act in force as of 1 January 2015 (DAA 2015) meets the legislator's desire to limit the number of successful actions for set-aside of arbitral awards and the duration of set-aside proceedings. It analyses decided cases in setting-aside proceedings on the basis of both empirical and doctrinal research. The research finds that the number of granted set-aside applications under the DAA 2015 has dropped by about two-thirds (from 23% to 6.8% of cases) when compared to the DAA of 1986. Against this background, it is submitted that three key areas remain in which the Dutch legislator and the Dutch courts would – in view of the legislator's objectives with the DAA 2015 – do well to provide further clarity on the state of Dutch arbitration law.