Remedies under Dutch law
Dive deep into Dutch contract law, highlighting its three core remedies: specific performance, damages in lieu of performance, and contract termination. Understand the intricacies and applications of each alternative, ensuring optimal outcomes in contractual dealings within the Netherlands When it comes to remedies under Dutch law, the possibilities are simply endless. With a myriad of […]
Enforcement of foreign arbitral awards in the Netherlands
An arbitration award is issued in the Netherlands by an arbitration institute, such as the Netherlands Arbitration Institute (NAI). Internationally, there are other arbitration tribunals such as the International Chamber of Commerce (ICC). A foreign arbitral award may not be enforced in the Netherlands until the Interim Injunction Judge of the District Court in which […]
Limitation period for claims for damages in the Netherlands
In a recent Supreme Court ruling, the question of when the limitation period for a claim for damages in the Netherlands begins to run was addressed again. Once a claim is time-barred, there is no longer a legally enforceable obligation with respect to a claim for damages. Our trial attorneys in the Netherlands are frequently […]
claimed declaratory decision and pre-judgment attachments
A recent judgment of the Supreme Court on seizure concerned the interpretation of the so-called claimed declaratory decision after the pre-judgment attachment under Dutch law has been carried out. In this case, a company had left rental payments for an office building unpaid. Subsequently, a prejudgment attachment was levied on the premises of the sole […]
Summary proceedings in the Netherlands
In summary proceedings in the Netherlands, the Dutch judge issues only a preliminary judgment under Dutch law, not a final decision. This means the Dutch ruling is temporary (a so-called “voorlopige voorziening”) and subject to change during the main proceedings. Consequently, no definitive legal status or rights are established by summary proceedings under Dutch law; […]
Proceedings on the merits in the Netherlands
In the Netherlands, the legal system offers various procedures to resolve disputes, including the ‘bodemprocedure’, which translates to a proceeding on the merits in the Netherlands. This blog article will provide an in-depth analysis of the proceedings on the merits in the Netherlands, comparing them to the expedited procedure called ‘kort geding‘ (preliminary injunction under […]
Conservatory arrest in the Netherlands
The Netherlands has a long-standing culture of conservatory arrest, where individuals are temporarily detained by police in order to prevent further criminal activity. This practice is currently being scrutinized as it has been found that many innocent people are often arrested and held for extended periods of time without due process or justification. Our Dutch […]
Interlocutory Proceedings in the Netherlands
Uncover the strategic power of interlocutory proceedings in the Netherlands, and learn how they can be a game-changer in your legal battles.
Arbitration in the Netherlands
The conditions for the commencement of arbitral proceedings in the Netherlands include the following elements: there must be an agreement between the parties to arbitrate, which may result from a settlement or an arbitration clause in the general terms and conditions; the parties must appoint arbitrators who are independent and impartial; the proceedings must comply […]
Procedural law in the Netherlands
Procedural law in the Netherlands is an important part of civil and criminal justice. It’s a complex subject, but understanding it can be essential for anyone involved with Dutch legal proceedings. As a Dutch legal expert, I’d like to provide some insight into the fundamentals of procedural law in this country. Procedural laws are intended […]