Bente van Doorn is an experienced Dutch litigation lawyer (procesadvocaat) at MAAK Advocaten in Amsterdam, with a pronounced focus on the commercial trade practice. She stands by companies when trade relationships break down: a supplier that fails to perform, a customer that refuses to pay, a distributor that unilaterally terminates its contract, or a party that delivers goods which do not conform to the agreement. Bente understands the commercial reality behind a legal conflict. She therefore always looks for the fastest and most effective route to a solution, through negotiation where possible and through the court where necessary.

Why do trading companies choose Bente van Doorn as their litigation lawyer?

Bente van Doorn is a litigation and arbitration lawyer in the Netherlands who knows the commercial trade practice from the inside: she understands how supply chains work, what delivery obligations mean in legal terms, and how a dispute over nonconformity or breach of contract can disrupt a company’s operations while the proceedings are still running. That knowledge translates into a practical approach. Bente analyses not only the legal merits of a claim, but also weighs the commercial consequences: reputational risk, disruption of ongoing trade relationships, and the question of whether a swift settlement ultimately yields more than a case won after eighteen months. She therefore always advises her clients honestly on that trade off, even when it means that litigating is not the best choice.

Her practice focuses on commercial disputes in the broadest sense, in particular:

• Breach of contract (wanprestatie): proceedings over the failure to meet delivery obligations, payment arrears and violations of exclusivity arrangements
• Nonconformity (non-conformiteit): disputes over delivered goods or services that do not meet the agreed specifications
• Continuing agreements (duurovereenkomsten): conflicts over the termination or ending of distribution, franchise and cooperation agreements
• Damages (schadevergoeding): quantifying and recovering commercial loss after a breach of contract or a wrongful act
• Summary proceedings (kort geding): urgent proceedings in commercial disputes where every week of delay causes financial loss
• International trade proceedings: cross border disputes before the state court, the Netherlands Commercial Court or in arbitration

Would you like to know how strong your position is in an ongoing trade conflict? Contact Bente van Doorn for a first, no obligation assessment of your case.

How does Bente approach breach of contract and delivery disputes?

A breach of contract in the trade practice is a civil claim that arises when a party fails to perform a contractual obligation, performs too late or performs defectively, and that gives a right to performance, dissolution of the agreement (ontbinding) or damages, depending on the seriousness of the failure and on what the parties agreed. In commercial practice, however, cases are rarely black and white. A supplier argues that the delay is force majeure; a customer claims that the goods do not meet the specifications; a distributor contends that the termination was unlawful.

Bente van Doorn sees through those defences quickly and builds a tight legal case file against them. She knows, namely, precisely which facts are decisive for the court and which evidence is needed to prove them. In doing so, she also watches for the procedural pitfalls that often arise in trade cases: the duty to complain in time (klachtplicht) under Article 6:89 of the Dutch Civil Code, which requires you to protest promptly about defects, and the question of which law applies to international trade contracts. A complaint filed too late can namely bar your claim entirely, even when the defect is evident.

Case example: In a matter concerning outstanding invoices, the counterparty claimed that the quality of the delivered performance was insufficient. The court rejected this defence because no complaint had been filed in time and the substantiation was inadequate. The claim was largely awarded, including interest and costs. This ruling then fully held up on appeal (hoger beroep) as well (ECLI:NL:RBAMS:2022:8587; ECLI:NL:GHAMS:2023:2475).

What can you do when a customer refuses to accept delivered goods?

Yes, as a supplier you can claim performance or damages when a customer refuses to accept and pay for ordered goods, provided there is a valid sales contract (koopovereenkomst) and the customer has no legally valid ground for its refusal. This type of dispute occurs in the trade practice more often than expected, particularly when market conditions change and a customer would rather reverse its order.

Bente van Doorn guides suppliers through the legal steps that are then needed: putting the customer in default through a notice of default (ingebrekestelling), securing evidence about the formation of the agreement, and, when the customer continues to refuse, starting proceedings on the merits (bodemprocedure) or levying a prejudgment attachment (conservatoir beslag) to safeguard recovery options.

Case example: A counterparty refused to accept and pay for 500,000 ordered bottles of hand sanitiser. MAAK Advocaten litigated on behalf of the supplier, and the ’s-Hertogenbosch Court of Appeal ruled that a valid sales contract existed. The counterparty was ordered to pay over € 1.3 million in damages, plus over € 67,000 in legal costs (ECLI:NL:GHSHE:2025:2680).

How does the Netherlands Commercial Court work for international trade cases?

The Netherlands Commercial Court (NCC) is a specialised chamber of the Amsterdam District Court for large international trade disputes where the parties agree that the proceedings will be conducted in English. Its judges have specific expertise in complex commercial matters, and turnaround times are shorter than in regular proceedings on the merits.

For companies with international trade relationships, the NCC offers an attractive alternative to arbitration or proceedings abroad. The NCC handles cases with a financial interest of at least € 25,000. Written submissions and hearings are conducted entirely in English, which is a significant advantage particularly for foreign contracting parties and international trade disputes. Bente van Doorn advises on whether the NCC is the most suitable court in your situation, or whether regular proceedings on the merits or arbitration at the NAI or the ICC better fits the nature of the dispute and the parties involved.

When are summary proceedings (kort geding) worthwhile in a trade conflict?

Summary proceedings are worthwhile in a trade conflict when every week of delay causes direct financial loss, or when a threatened act by the counterparty has irreversible consequences that cannot wait for the outcome of proceedings on the merits lasting twelve to eighteen months. In commercial trade practice, summary proceedings arise in particular in the case of:

• a distributor or supplier that stops performing its contractual obligations while the relationship is still running
• a competitor that unlawfully uses confidential business information or trade names
• a counterparty that threatens to publish about your company in a way that damages your reputation
• performance of a continuing agreement that the counterparty has unilaterally suspended
• the lifting of a prejudgment attachment that is blocking your operations

The interim relief judge (voorzieningenrechter) usually rules within two weeks of the hearing. The ruling is an interim measure (voorlopige voorziening). In practice, however, many cases end in a settlement after a won summary procedure, because the counterparty realises that further resistance is hopeless. Bente deliberately steers toward that outcome when it is the most efficient result for your organisation.

What are the costs of a trade procedure in 2026?

The costs of civil trade proceedings consist of lawyer’s fees on an hourly basis and indexed court fees (griffierecht). For legal entities, the court fees in 2026 amount, for example, to € 3,083 for claims up to € 100,000, € 7,062 for claims between € 100,000 and € 1 million, and € 10,487 for claims above € 1 million. For a request for a prejudgment attachment, a matter of undetermined value, the fee is € 735.

Bente van Doorn generally works on an hourly basis at MAAK Advocaten. Where appropriate, MAAK also offers the LAAP approach (Law As A Product): a price set in advance for a defined legal product. That gives your organisation cost transparency and the ability to weigh legal costs against commercial benefits in advance, something that Bente namely always discusses with you before proceedings begin.

How do you prevent trade proceedings with better contractual arrangements?

Most trade proceedings that Bente van Doorn encounters have the same cause: contractual arrangements that looked clear on paper but allow for different interpretations in a conflict. Unambiguous provisions on delivery, specifications, payment terms, the duty to complain and termination are therefore not legal formalism. They are the first line of defence of your company.

Bente advises trading companies preventively on the risks in their contractual relationships and helps with drafting or reviewing trade contracts, general terms and conditions (algemene voorwaarden) and termination arrangements. When a conflict nevertheless arises, she conducts settlement negotiations and draws up settlement agreements (vaststellingsovereenkomsten). Sometimes a preliminary witness examination (voorlopig getuigenverhoor) or an expert report (deskundigenbericht) is moreover worthwhile to strengthen the evidential position before proceedings on the merits begin.

Case example: In a matter concerning REACH registration costs, MAAK Advocaten successfully defended against the claims of a competitor that argued it was entitled to cost sharing. The court ruled that a valid opt out registration with its own dossier existed and dismissed the claims. This ruling was then fully confirmed in the proceedings on the merits, and the counterparty was also ordered to pay the legal costs (ECLI:NL:RBAMS:2025:4436; ECLI:NL:RBAMS:2025:6489).

How does Bente van Doorn work with your organisation during a procedure?

A trade procedure always affects business operations, even when the case is legally strong. Bente van Doorn therefore works closely with her clients and keeps them sharply informed at every stage: on the litigation strategy, the expected turnaround time, the risks of each choice and the progress of the proceedings. In doing so, she also ensures that the procedure disrupts your ongoing trade relationships as little as possible.

Within MAAK Advocaten, she works closely with specialists in contract law, attachment law and international arbitration, so that even the most complex trade cases are approached from multiple angles. Whether it concerns a Dutch court, the Amsterdam Court of Appeal or an international arbitral tribunal, Bente is ready to represent your commercial interests in commercial dispute resolution.

Are you facing a trade conflict and do you want to know quickly where you stand legally? Contact Bente van Doorn for a no obligation conversation on +31 (0) 20 210 31 38 or mail@maakadvocaten.nl. She gives you direct advice on the feasibility of your claim, the expected costs and the strategy that best fits your commercial situation.