“MAAK has a great arbitration
team that helped us very well
and are really thinking with you
on what is possible. Would for
sure chose them again in the future.”
P. Evers.
Arbitration Law firm in the Netherlands
Dutch arbitration law offices
Our arbitration law firm in the Netherlands is a Dutch law firm specializing in civil litigation, commercial contracting and arbitration in the Netherlands. Our experienced Dutch arbitration lawyers represent the legal interests of both foreign and Dutch parties in arbitration proceedings under Dutch law. Our dedicated team of specialized arbitration lawyers acts before Dutch and foreign arbitration institutions, such as the Netherlands Arbitration Institute (NAI) or the International Chamber of Commerce (ICC). In addition to conducting arbitration under Dutch law, our Dutch attorneys draft arbitration clauses under Dutch law or assist in the enforcement of an arbitral award in the Netherlands. Our Amsterdam arbitration firm has a strong reputation in commercial matters and we are not satisfied until you are.
Dutch arbitration specialists
MAAK Advocaten has a team of Dutch arbitration lawyers who are specialized in the drafting arbitration clauses under Dutch law, executing arbitral awards in the Netherlands and drafting arbitration clauses under Dutch law. Our lawyers in Amsterdam will be happy to assist you with all arbitration inquiries in the Netherlands. Please do not hesitate to contact us.
OUR DUTCH ARBITRATION LAWYERS
Remko Roosjen | Partner & Dutch arbitration lawyer
Jolmer de Haas | Dutch arbitration lawyer
Annette Moranne | Dutch legal expert
Martin Krüger | Partner & Associate for arbitration
Remko Roosjen
Jolmer de Haas
Annette Moranne
Martin Krüger
Arbitration under Dutch law
MAAK Advocaten specializes in arbitration under Dutch law. Drawing on the wisdom of ancient civilizations, the Netherlands has made arbitration an integral part of its modern legal fabric.
You’ll find that Dutch arbitration law firms in the Netherlands are uniquely equipped to handle complex disputes, providing a much-needed alternative to traditional court proceedings.
They offer an environment that’s confidential, efficient, and flexible, with the added benefit of arbitrators who are experts in their respective fields. Now, wouldn’t you want to understand more about how this could radically alter the way you approach legal disputes? The intricacies of Dutch arbitration law are worth exploring further.
Arbitration in the Netherlands
Diving into the sphere of arbitration in the Netherlands, you’ll note that the Netherlands Arbitration Institute (NAI), plays a pivotal role in promoting dispute resolution through arbitration, mediation, and binding advice. Our law firm for arbitration in the Netherlands assists foreign and Dutch companies in NAI proceedings. As the prime provider of Dutch arbitration services, NAI ensures a robust and efficient process for arbitration proceedings in the Netherlands.
The NAI not only governs these proceedings but also facilitates them, offering a regulated yet flexible framework for the business community. It’s a significant player in the Netherlands dispute resolution landscape, providing an alternative to traditional court proceedings that’s often quicker and more efficient. In fact, NAI arbitration typically wraps up in around nine months, a stark contrast to the often lengthy court process.
Keeping pace with the times, there have been Dutch arbitration law updates, the most significant one being the amendment adopted in 2024, which became effective from March 1, 2024. This modernization of Dutch arbitration law underscores the commitment to improving the efficiency and effectiveness of arbitration. Remember, opting for arbitration affords you the chance to have expert, impartial, and independent arbitrators resolve your disputes.
Arbitration clauses under Dutch law
Under Dutch law, it’s crucial to include specific arbitration clauses in contracts, ensuring disputes are submitted to a predetermined process for resolution. This is both a national and international practice, as arbitration clause interpretation under Dutch law is applied consistently regardless of the dispute’s origin.
The Netherlands Arbitration Institute (NAI) offers a model clause, aiding in the arbitration agreement drafting process. This clause, tailored to fit the specificities of the contract, establishes the framework for a fair and efficient dispute resolution process. It serves as a guide for appointing independent and expert arbitrators, who subsequently conduct the arbitration process.
In the context of international arbitration under Dutch law, these clauses provide a confidential and speedy way of resolving conflicts. Arbitral awards under Dutch law are final and binding, offering a level of certainty that’s often appreciated by businesses.
Arbitration disputes in the Netherlands
When dealing with arbitration disputes in the Netherlands, you’ll find that the Netherlands Arbitration Institute (NAI) offers a streamlined, efficient process. Be it commercial arbitration in Amsterdam or construction dispute arbitration, the NAI’s structured framework ensures disputes are resolved efficiently and impartially.
The arbitration law firm expertise in the Netherlands plays a critical role here. They leverage the flexibility provided by Dutch arbitration law, helping you select impartial arbitrators specific to your dispute area. This can be particularly beneficial in complex cases, such as international trade disputes where Dutch arbitration shines.
Enforcement of arbitral awards in the Netherlands is another aspect where the NAI’s structured process comes to the fore. Once the arbitral tribunal has made its decision, it’s usually final. There’s no option for appeal unless it’s explicitly agreed beforehand, ensuring a swift resolution.
Dutch arbitration attorneys
Building on the framework of the NAI and the flexible Dutch arbitration law, Dutch arbitration attorneys specialize in handling international arbitration cases effectively. They’re experts in the Netherlands Arbitration Act and provide legal representation in arbitration in the Netherlands. These attorneys not only have a solid understanding of Dutch law but also possess extensive knowledge of international commercial, construction, and investment treaty arbitrations.
Their expertise extends to managing cross-border disputes resolution in the Netherlands, a crucial aspect of international arbitration. Whether it’s a corporate litigation arbitration or a complex international issue, they strive to provide tailored solutions to their clients.
The Dutch arbitral tribunal, composed of these seasoned attorneys, ensures a fair and efficient arbitration process. They’re admitted to bars across Western Europe, Eastern Europe, and North America, reflecting their wide-ranging legal proficiency.
You can find these attorneys in leading law firms in The Hague and Amsterdam, and even as far afield as Geneva, Switzerland. Their professional, analytical, and precise approach in arbitration ensures that your case is handled with the utmost expertise and care.
Procedure of Arbitration Proceedings in Netherlands
To understand the procedure of arbitration proceedings in the Netherlands, it’s important to note that the Netherlands Arbitration Institute (NAI), established in 1949, governs this process by promoting dispute resolution through arbitrated methods, mediation, and binding advice.
NAI has devised specific rules for arbitration procedures, providing a structured framework for the business community. As a party to a dispute, you can choose your arbitrators, who are usually experts in the relevant area of law, such as international commercial arbitration. This offers a more confidential and efficient way to settle disputes compared to traditional court proceedings.
The arbitration process under NAI typically takes around nine months to reach a resolution. However, the flexibility of this process allows for a more tailored dispute resolution, fitting your specific needs. The decision is final, with no option for appeal unless previously agreed upon.
In essence, choosing arbitration in the Netherlands provides a clear, efficient alternative to court proceedings. This option is particularly beneficial for international commercial arbitration, where parties require a swift and expert resolution.
Dutch arbitration law firm
In conclusion, choosing arbitration in the Netherlands can be a game-changer for your dispute resolution needs. With a tailored, confidential process, expert arbitrators, and fewer bureaucratic hurdles, it’s an efficient alternative to traditional court proceedings. So, consider partnering with a Dutch arbitration law firm to navigate this landscape. It’s a path to faster resolutions, and, ultimately, to transforming your legal journey.
Contact our arbitration law firm in the Netherlands
Need expert advice in Dutch arbitration law? Reach out to us. Our arbitration team, deeply rooted in the Netherlands, specializes in all-encompassing legal solutions. From complex contract discussions to intricate arbitration, our Dutch arbitration lawyers offer customized strategies to protect your business interests. Partner with us for unmatched legal expertise, prioritizing your corporate success above all.
Template Clause Arbitration (NAI)
The NAI (Netherlands Arbitration Institute) provides a specific Dutch law arbitration clause for such purposes:
“All disputes arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The place of arbitration shall be Amsterdam. The proceedings shall be conducted in the English language. Consolidation of the arbitral proceedings with other arbitral proceedings, as provided for in Article 1046 of the Dutch Code of Civil Procedure is excluded.”
Example clause Arbitration (NCC)
The NCC recommends using this model clause for arbitration in the Netherlands:
“All disputes arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled in accordance with the arbitration rules of [arbitration institute]. The place of arbitration shall be Amsterdam (the Netherlands). The proceedings shall be conducted in English. Any court proceedings in the Netherlands before, during or after the arbitration will – to the extent allowed by law – exclusively be dealt with by the Amsterdam District Court or the Amsterdam Court of Appeal, whichever has jurisdiction, following proceedings in English before the Chambers for International Commercial Matters (Netherlands Commercial Court, which consists of the NCC District Court, the NCC Court in Summary Proceedings and the NCC Court of Appeal). The NCC Rules of Procedure (see www.ncc.gov.nl) apply to these proceedings. This clause is not intended to exclude Supreme Court appeal.”
Arbitration law firm in Holland
To choose an arbitration law firm in Holland, consider the following steps based on the information provided in the document:
- Research Prominent Firms: Look for well-established firms like MAAK Advocaten, which is recognized for their expertise in arbitration.
- Expertise and Specialization: Assess the firm’s specialization in arbitration, including their experience in handling commercial disputes, construction projects, investment arbitrations, and various substantive matters like energy and distribution.
- Institutional vs. Ad Hoc Arbitration: Determine whether you prefer institutional or ad hoc arbitration. In the Netherlands, institutions like the Netherlands Arbitration Institute (NAI) and the Permanent Court of Arbitration (PCA) are commonly used for arbitration proceedings.
- Consider Dispute Types: Evaluate the firm’s experience in handling different types of disputes, such as commercial contracts, joint ventures, M&A arrangements, and specific sectors like construction projects.
- Duration of Proceedings: Inquire about the typical duration of arbitral proceedings handled by the firm. While standard commercial cases may last about a year, complex disputes can extend over several years.
- International Representation: Check if the firm allows foreign nationals to act as counsel or arbitrators, as the Dutch Arbitration Act (“Burgerlijk Wetboek van Rechtsvordering”) does not impose restrictions in this regards.
- Arbitration Agreement Expertise: Assess the firm’s knowledge of arbitration agreements, including legal requirements, enforceability, and recommended provisions for binding and enforceable agreements.
- Multi-Party Agreements and Non-Signatories: Understand how the firm deals with multi-party arbitration agreements and the binding of non-signatories in arbitration proceedings.
- Arbitrability and Jurisdiction: Inquire about the firm’s expertise in determining arbitrability, types of disputes that may not be arbitrated, and how they handle disputes over jurisdiction.
Types of Dutch arbitration
In the Netherlands, different types of arbitration include:
- Commercial Disputes: Arbitration is commonly used for resolving commercial disputes related to commercial contracts, joint ventures, M&A arrangements, and various substantive matters like energy, distribution, and construction projects.
- Investment Arbitrations: The Netherlands frequently hosts investment arbitrations, often seated in The Hague and administered by the Permanent Court of Arbitration at the Peace Palace. The PRIME Finance Institute in the Netherlands also provides for dispute resolution in disputes involving standard form contracts published by the International Swaps and Derivatives Association.
- Institutional Arbitration: Most arbitrations in the Netherlands are institutional, with leading arbitral institutions like the Netherlands Arbitration Institute (NAI) and the Permanent Court of Arbitration (PCA) being commonly used. The NAI provides rules and expertise for both national and international cases.
- Ad Hoc Arbitration: Ad hoc arbitrations are also conducted in the Netherlands, including those based on the UNCITRAL Rules by parties seeking the Netherlands as a neutral venue. The Permanent Court of Arbitration in The Hague and the NAI act as appointing authorities under the UNCITRAL Rules.