4 May 2015

Litigation in the Netherlands

Category: Litigation

Most disputes in the Netherlands between companies are dealt with by the public courts. Compared to others Courts in European countries the Dutch Court system settles cases in a relatively short time frame. The average time to solve a commercial dispute with a Dutch Court is 15 months. Smaller claims may be dealt with in a shorter time frame by the cantonal divison of the Dutch District Courts. The Dutch Code of Civil Procedure has been renewed in 2002 an currently changes are prepared to improve efficiency of the civil court proceedings in the Netherlands. Amongst other the appeal proceedings with the Dutch Courts of Appeal are modernized. As a Dutch law office we very much support these changes that enable companies to settle disputes adequately.

Dispute resolution through Dutch Court or arbitration in The Netherlands

Apart from the dispute resolution through the Dutch public Courts arbitration proceedings have become more popular. Arbitration in the Netherlands has the advantage that it may be quicker to obtain a judgement and international enforcement of the arbitral award is possible under the New York Convention. Confidentiality and the choice of arbitrators with specific experience can also be an advantage. In public proceedings in the Netherlands the Court may appoint an expert to advise the Dutch Court on specific issues. The cost of arbitration can be high compared to proceedings with the public courts. Appeal from an arbitration judgement should be specifically agreed upon.

Expert advice on Dutch litigation

A Dutch attorney can advise on dispute resolution through Dutch Court or arbitration in the Netherlands, including remedies and relief at short notice and pre-trial disclosure with the Dutch Court. In case of urgent matter a Dutch attorney can obtain a judgement for preliminary relief within 6 weeks. Read also: injunction in the Netherlands. Preliminary relief may also be available in case arbitration is agreed upon. Our Amsterdam law office has experienced litigators who take case to trial in Dutch public Courts and arbitration, e.g. with the Netherlands Arbitration Institute. Don’t hesitate to contact one of our attorneys on litigation in the Netherlands.