Remko Roosjen is a Dutch contract law attorney (advocaat contractenrecht) and founding partner at MAAK Advocaten in Amsterdam.

He advises and litigates in the Netherlands for companies at home and abroad, working at the intersection of commercial contract law and civil proceedings under Dutch law. His practice covers the full life cycle of a commercial relationship: from negotiation and contract formation to breach, termination and damages claims. Moreover, Remko appears in court on a weekly basis. As a result, he knows the ropes at both the District Courts (Rechtbanken Amsterdam) and the Courts of Appeal (Gerechtshoven).

What makes Remko Roosjen a different contract law attorney in the Netherlands?

Remko Roosjen combines advisory work, contract drafting and litigation in one pair of hands. Therefore, Dutch companies do not have to switch between specialists at the very moment it matters most. He drafts commercial contracts, flags the risks, negotiates the terms and litigates when the counterparty fails to perform.

As a partner, he also builds the broader expertise of MAAK Advocaten. For example, he works closely with specialists in prejudgment attachment (conservatoir beslag), international arbitration, the law of obligations (verbintenissenrecht) and product compliance. Consequently, companies that come to him benefit directly from that integrated approach. More than 60% of B2B contract disputes stem from unclear clauses on liability, force majeure and non-conformity. Remko recognises those patterns early and prevents them.

Which commercial contracts does Remko Roosjen draft and review under Dutch law?

Remko Roosjen advises on and drafts every type of commercial agreement that plays a role in daily business practice, from simple sales contracts to complex international cooperation agreements. In particular, his Dutch contract practice covers:

• Sales and supply agreements (koop- en leverancierscontracten): including conformity warranties, liability limitations and guarantee clauses
• Distribution agreements (distributieovereenkomsten): exclusivity provisions, territorial rights and termination arrangements
• Agency agreements (agentuurovereenkomsten): commission structures, goodwill compensation and notice periods under article 7:428 et seq. of the Dutch Civil Code (Burgerlijk Wetboek, BW)
• Franchise agreements (franchiseovereenkomsten): drafted and reviewed in line with the Dutch Franchise Act (Wet franchise, 2021)
• Manufacturing and OEM contracts: quality requirements, IP rights and liability for non-conforming products
• General terms and conditions (algemene voorwaarden): drafted to be watertight and correctly declared applicable
• International contracts: under the Vienna Sales Convention (CISG), with tailored choice of forum and choice of Dutch law
• ESG supply-chain contracts: due diligence, codes of conduct and reporting duties under CSRD, CSDDD and EUDR

Would you like an existing contract reviewed, or a new agreement drafted under Dutch law? Contact Remko Roosjen for a no-obligation consultation, or call +31 (0)20 210 31 38.

How does Remko handle breach of contract (wanprestatie) before the Dutch courts?

Breach of contract (wanprestatie) is the situation in which one party fails to perform a contractual obligation, performs late or performs defectively. Under Dutch law, the injured party then has three options: demand performance, rescind the agreement (ontbinding) under article 6:265 BW, or claim damages.

Remko Roosjen asks four questions straight away. How serious is the failure? Has the counterparty been validly put in default (ingebrekestelling)? What loss has your organisation suffered, and how do you prove it? Which route is most effective: settlement, summary proceedings or proceedings on the merits? On that basis he chooses the approach that delivers the fastest and most cost-efficient result.

Below you will find the typical routes and how long each takes in the Netherlands.

Remko advises honestly on that trade-off. In a breach of contract matter he assists your organisation with:

• Performance, rescission (ontbinding) and suspension (opschorting) of the agreement
• Damages claims and defences against them
• Interpretation and enforcement of contractual provisions, including penalty clauses (boetebeding) and exoneration clauses
• Termination of continuing agreements (duurovereenkomsten) and goodwill questions
• Non-conformity, warranties and hidden defects
• Summary proceedings where a commercial interest is urgent
• International arbitration at the ICC, LCIA and the NAI

Practical example: In a case about unpaid invoices for legal services, the counterparty refused to pay and argued that quality was inadequate. However, the Dutch court rejected this defence because the party had not complained in time and had failed to substantiate its claim. The claim was largely awarded, including interest and legal costs. That ruling also held up on appeal

(ECLI:NL:RBAMS:2022:8587; ECLI:NL:GHAMS:2023:2475).

How does Remko advise on terminating a contract or continuing agreement under Dutch law?

Terminating a contract (een contract opzeggen) is only valid in the Netherlands when you observe the correct notice period, have a valid ground, or the agreement expressly permits termination. If one of those elements is missing, the terminating party risks a damages claim.

Remko Roosjen guides both the party that wishes to end a contract and the party that challenges an unlawful termination. First, he analyses what the contract provides. Second, he checks which statutory rules apply. Finally, he assesses which notice period is reasonable given the duration and nature of the cooperation. For continuing agreements (duurovereenkomsten) without an end date, stricter standards apply than for contracts with a fixed term.

When the counterparty terminates unlawfully, Remko claims damages on your behalf for lost turnover, missed opportunities and costs incurred. Conversely, he helps you achieve a watertight termination that offers no basis for a counterclaim. Sometimes, in addition, summary proceedings are needed to enforce performance while the main proceedings are still running.

When is a distribution agreement legally vulnerable under Dutch law?

A distribution agreement is legally vulnerable when exclusivity provisions are poorly defined, minimum purchase obligations are missing, or the termination clause lacks a reasonable notice period. In practice, most disputes arise precisely at the termination stage.

Remko Roosjen drafts distribution agreements for manufacturers and importers and reviews existing contracts for weak spots. For example, he advises on territorial rights, exclusivity clauses and the allocation of responsibility for product compliance. When a supplier terminates a distribution agreement without a reasonable term, the distributor may be entitled to damages for the termination. Remko acts for suppliers as well as distributors, and litigates where necessary before the Dutch courts, on appeal or in international arbitration.

Practical example: MAAK Advocaten successfully defended a matter concerning REACH registration costs, where a competitor claimed cost-sharing obligations under a cooperation arrangement. The Dutch court dismissed all claims and confirmed that ruling in the proceedings on the merits, ordering the competitor to pay the legal costs as well (ECLI:NL:RBAMS:2025:4436; ECLI:NL:RBAMS:2025:6489).

How does a Dutch agency agreement protect your commercial interests?

A Dutch agency agreement (agentuurovereenkomst) gives the commercial agent statutory protection under article 7:428 et seq. BW: the right to commission, protection on termination, and goodwill compensation on termination under article 7:442 BW. That goodwill compensation (klantvergoeding) is mandatory law and cannot be excluded to the agent’s detriment.

Remko Roosjen advises both principals and commercial agents on the commission structure, the calculation of the goodwill compensation, and the statutory notice periods. In practice, ending a long-running agency relationship regularly leads to substantial compensation claims. Therefore, Remko calculates those claims precisely, negotiates a settlement, or litigates when the principal does not pay voluntarily.

Practical example: Remko Roosjen successfully assisted a commercial agent in a dispute over the interpretation of an agency agreement. The Dutch court held that commission was due because the agent had demonstrably made contact and carried out preparatory work. In addition, the court ordered the principal to disclose financial data so that all compensation could be calculated (ECLI:NL:RBAMS:2023:689).

What does Remko arrange in a franchise agreement under the Dutch Franchise Act?

A franchise agreement (franchiseovereenkomst) grants the franchisee the right to operate a proven business concept under the name, brand and formula of the franchisor. Since the Dutch Franchise Act (Wet franchise) entered into force in 2021, franchisors face additional duties on information disclosure and on consultation when the formula changes.

Remko drafts franchise agreements and reviews existing contracts for compliance with the Act. Moreover, he advises franchisors on their pre-contractual information duties and franchisees on their rights when the formula changes or the relationship ends. In addition, he guides negotiations on franchise fees and the winding-up of franchise relationships where the parties disagree.

When does the Vienna Sales Convention (CISG) apply to your Dutch contract?

The Vienna Sales Convention (Weens Koopverdrag, CISG) applies automatically to international contracts for the sale of goods between parties in different CISG member states, unless the parties expressly exclude it. Around 95 countries have signed up, including the Netherlands, Germany, China and the United States.

Remko Roosjen advises on whether the CISG is beneficial or unwelcome for your situation. The Convention applies different conformity requirements, complaint periods and rescission options than the Dutch Civil Code. Therefore, he records that choice contractually. In addition, he advises on Incoterms and on the allocation of risk in the international supply chain. MAAK works with legal partners across Europe, the US, the UK, China and India, so that your international contracts also hold up locally.

What are the risks of unclear general terms and conditions under Dutch law?

Unclear or improperly agreed general terms and conditions (algemene voorwaarden) mean that liability limitations, exoneration clauses and penalty clauses are set aside. As a result, your organisation remains fully liable for loss it had intended to exclude by contract.

Remko Roosjen drafts purchase and sales conditions that fit your sector and your position in the chain. He ensures not only legally sound provisions, but also correct availability at the right moment. A reliance on general terms fails in more than 30% of cases on formal grounds. Above all, he reviews existing sets for risk and updates them when regulation changes or you expand into new markets. In addition, he advises on the battle of forms: the situation where both parties declare their own conditions applicable and the question arises which set prevails.

How does Remko help with ESG obligations in your Dutch supply chain?

ESG obligations require your commercial contracts to contain demonstrable arrangements on due diligence, sustainability criteria, supplier codes of conduct and reporting duties. European regulation such as the CSRD, CSDDD, EUDR and the Forced Labour Regulation has direct contractual consequences for your supplier relationships.

Remko Roosjen maps which obligations apply to your organisation and translates them into concrete clauses: audit rights, traceability clauses, codes of conduct and remediation mechanisms. Around 70% of medium-sized Dutch industrial companies still lack adequate ESG provisions in their supplier contracts. Regulators and courts, however, increasingly enforce those duties. Therefore, Remko makes sure your contracts are compliant before a dispute or enforcement action arises.

When is a contract audit worthwhile for your organisation in the Netherlands?

A contract audit is worthwhile when regulation changes, when you expand your activities, when you set up a new supplier structure, or when you prepare for a merger or acquisition. Remko Roosjen reviews your existing agreements systematically for risks, opportunities and points for improvement.

Many organisations conclude contracts but then maintain them poorly. Missed notice periods, tacit renewals and outdated liability clauses expose your organisation to unnecessary legal risk. After the audit you receive a clear overview of the findings and concrete recommendations. Finally, Remko carries out the necessary adjustments for you, so that your contract portfolio is up to date, compliant and legally robust again.

What does contract law advice at MAAK Advocaten in Amsterdam cost?

The cost depends on the complexity of the matter and the scope of the work. As a rule, Remko Roosjen works on an hourly rate. In addition, MAAK offers the LAAP approach (Law As A Product): a fixed price per defined legal product, such as drafting a distribution agreement, a set of general terms and conditions, or a contract audit. That way, your organisation knows the cost in advance.

Remko discusses the cost at the very start of a matter. He weighs whether a settlement is faster and cheaper than litigation, which court fees apply, and what the realistic recovery prospects are once you win. Litigation is sometimes necessary. Yet a well-negotiated settlement is often faster, cheaper and better for the relationship.

Why do organisations choose Remko Roosjen as their contract law attorney in Amsterdam?

Remko Roosjen combines broad knowledge of Dutch contract law with years of litigation experience before the Dutch courts and international arbitration tribunals. As managing partner of MAAK Advocaten, he has built the practice around an integrated approach: legal depth combined with a sharp eye for his clients’ commercial interests.

Clients choose Remko because he is directly reachable, communicates honestly about opportunities and risks, and moves quickly when needed. Moreover, he thinks several steps ahead: which clauses will still protect your organisation in three years, and which leave you exposed? Whether it concerns drafting a distribution contract, tackling breach of contract by a counterparty, terminating a continuing agreement, litigating over non-conformity, or guiding you through ESG obligations in your supply chain — MAAK Advocaten in Amsterdam is ready to help.

Do you have a question about a commercial contract or an ongoing dispute in the Netherlands? Contact Remko Roosjen for a no-obligation consultation, or call +31 (0)20 210 31 38. He will give you clear advice straight away on your position, the risks in your contracts, and the strategy that best fits your situation.