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Businesses with a dispute in the Netherlands can go to the ordinary courts, including summary proceedings (kort geding) for urgent matters (Article 254 of the Dutch Code of Civil Procedure (DCCP)), agree on arbitration (Article 1020 DCCP) or try mediation. The choice depends on urgency, stakes and the need for an enforceable decision. Our litigation attorney in the Netherlands advises on each option.
What is dispute resolution in Holland?
There are various methods of dispute resolution in Holland which can be broadly divided into judicial and non-judicial approaches.
Judicial methods involve the resolution of disputes through the courts. The Netherlands has three tiers: the district courts (rechtbank), the courts of appeal (gerechtshof) and the Supreme Court (Hoge Raad). Most civil disputes start in a district court. Within the district court, the subdistrict judge (kantonrechter) hears, among other things, claims of up to €25,000 and employment, agency and lease cases, regardless of their value (Article 93 DCCP). Before the subdistrict judge, parties can act in person; in other cases they must be represented by a lawyer (Article 79 DCCP).
Non-judicial methods of dispute resolution in the Netherlands include mediation, arbitration and binding advice (bindend advies). In mediation, a neutral mediator helps the parties negotiate a solution, but cannot impose one. In arbitration, one or more arbitrators give a binding decision that can be enforced once a court has granted leave for enforcement (Article 1062 DCCP). In binding advice, the parties agree in advance to be bound by the decision of a third party, such as an expert (Article 7:900(2) DCC). That decision binds them as a contract, but it is not itself an enforcement order (cf. Article 430 DCCP).
In the Netherlands, there are a variety of institutions that specialize in dispute resolution: The Netherlands Arbitration Institute (NAI), International Chamber of Commerce (ICC) Netherlands and the Dutch Mediators Federation (Mediatorsfederatie Nederland, MfN; formerly the Netherlands Mediation Institute, NMI). These organizations provide advice and services related to dispute resolution as well as mediating or arbitrating cases through non-judicial methods like mediation or arbitration.
How do you choose a dispute resolution law firm in the Netherlands?
Holland is known for its strong legal system, and many businesses opt to resolve their disputes through litigation. If you find yourself involved in a dispute, it’s essential that you select an experienced law firm in the Netherlands with extensive expertise in handling similar cases.
Finding the best litigation law firm in the Netherlands that specializes in litigation can be overwhelming. At MAAK Advocaten in Amsterdam, we have a team with a strong reputation on Dutch law, commercial litigation in the Netherlands, product compliance and liability law.
Should you choose litigation, arbitration or mediation?
The Dutch legal system is founded on civil law, meaning court cases are mostly decided based on written laws rather than precedent established in previous court cases.
Each route has its own advantages. Litigation in the Netherlands leads to a public judgment that can in principle be appealed and enforced, but it can take time and the parties pay court fees (griffierecht) and their own lawyers. Winning a judgment also does not guarantee payment if the other party lacks assets. Mediation is voluntary and usually faster and cheaper, and it allows the parties to create their own solution, but the mediator cannot impose a decision. Arbitration is different from mediation: the arbitrators decide the dispute and the award is binding. An appeal to a second arbitral tribunal is only possible if the parties have agreed on it (Article 1061b DCCP). Against a final award, only setting aside and revocation are available (Article 1064 DCCP), and setting aside is limited to the grounds listed in Article 1065(1) DCCP, such as the absence of a valid arbitration agreement or a breach of public policy.
How do arbitration and mediation work in the Netherlands?
Arbitration requires an agreement between the parties. This can be an arbitration clause for future disputes or a submission agreement for an existing dispute (Article 1020(1) and (2) DCCP). If one party nevertheless goes to court, the court declares that it has no jurisdiction if the other party invokes the arbitration agreement before submitting any other defence, unless the agreement is invalid (Article 1022 DCCP).
An award can only be enforced in the Netherlands after the preliminary relief judge (voorzieningenrechter) of the district court where the arbitration took place has granted leave (Article 1062(1) DCCP). A claim to set an award aside must be brought before the court of appeal of the place of arbitration, as a rule within three months of the date on which the award was sent (Article 1064a(1) and (2) DCCP). If the place of arbitration is within the jurisdiction of the Amsterdam Court of Appeal and the parties have expressly agreed, this claim can be brought before the Netherlands Commercial Court of Appeal, in English (Article 1064a(1) and Article 32a DCCP).
Mediation is voluntary and based on agreement. The mediator helps the parties reach a settlement but does not decide the dispute. A settlement reached in mediation is a contract; if the parties record it as a settlement agreement (vaststellingsovereenkomst), it binds them even where it deviates from the previous legal position (Article 7:900(1) DCC).
What should you look for in a law firm in Amsterdam?
When searching for a law firm in Amsterdam that specializes in dispute resolution, there are a few things to consider.
Most importantly, the quality of legal services you receive should be taken into consideration; make sure you research each potential firm thoroughly prior to making your choice. Second, although many law firms in Amsterdam offer similar services, they may specialize in different areas or fields of knowledge. When interviewing a potential firm, be sure to inquire about their specific experience with cases similar to yours. Finally, pricing should always be taken into account when selecting a law firm. Don’t be shy to inquire about the fees associated with each stage of dispute resolution. With careful research and thoughtful consideration, you will find the ideal law firm for your needs.
When should you engage a Dutch litigation attorney?
In most Dutch court proceedings, you must be represented by a lawyer (Article 79(2) DCCP). Exceptions apply to cases before the subdistrict judge (Article 79(1)) and to the defendant in summary proceedings, who may appear in person even where representation by a lawyer is otherwise mandatory (Article 255(1) DCCP).
Dutch civil judges play an active role at the hearing, but they decide the case on the basis of what the parties put forward in support of their claims and defences (Article 24(1) DCCP). The court may only base its decision on facts that were stated in the proceedings and have been established; facts that the other party does not, or does not sufficiently, dispute must in principle be accepted as established (Article 149(1) DCCP). This makes the role of your lawyer in presenting the facts and evidence important. When selecting a Dutch attorney, check that they specialise in the area of law relevant to your case, have experience before Dutch courts and communicate clearly with you.
How do Dutch civil court proceedings work?
In The Netherlands, civil court proceedings are adversarial in nature. That means the parties to a dispute present their case to the court, and it decides who is right and wrong.
The Dutch courts uphold the principles of due process, which requires all parties to a dispute be given an equal and fair opportunity to present their case. Furthermore, the court must make its determination based on evidence presented rather than personal beliefs or prejudices. Civil court hearings in The Netherlands are typically conducted in Dutch, but if one of the parties to a dispute doesn’t speak the language fluently then that party may need to bring an interpreter; in civil cases the court does not as a rule provide one. In international disputes, parties that have expressly agreed on it in writing can litigate in English before the Netherlands Commercial Court of the Amsterdam District Court and the Netherlands Commercial Court of Appeal; this does not apply to cases for the subdistrict judge (Article 32a(1) DCCP). Dispute resolution in Holland often takes place before the court. However, our litigation attorney in the Netherlands would be happy to advise you on the alternatives.
When are summary proceedings available?
Summary proceedings (kort geding) are available in all urgent cases in which, given the interests of the parties, an immediate provisional measure is required (Article 254(1) DCCP). The preliminary relief judge (voorzieningenrechter) hears both parties: the defendant is summoned to a hearing on a day and at a time set by the judge, which can be at short notice (Article 254(2)).
The decision is provisional: it does not prejudice the main proceedings (Article 257 DCCP), although in practice parties often accept it. The judge can declare the judgment immediately enforceable, even of its own motion (Article 258 DCCP). An appeal must be lodged within four weeks (Article 339(2) DCCP). Summary proceedings are often used to obtain an order to stop an unlawful act or to pay a claim that can hardly be disputed. An experienced Dutch lawyer can assess whether your case is urgent enough.
How do you terminate a commercial agreement?
When two parties to a commercial agreement disagree, the first step is usually negotiation or mediation. If this fails, either party may go to court or, if agreed, to arbitration. A court judgment can in principle be appealed within three months (Article 339(1) DCCP).
A contract can end by notice if the contract allows it; follow the notice rules in the contract. Separately, Dutch law allows a party to terminate (dissolve, ontbinden) a contract in whole or in part if the other party fails to perform, unless the failure, given its special nature or minor importance, does not justify this (Article 6:265(1) DCC). Unless performance is permanently or temporarily impossible, this right only arises once the other party is in default (Article 6:265(2)). That usually requires a written notice giving a reasonable period for performance, and performance not following within that period (Article 6:82(1) DCC). Termination takes place by a written statement, or by a court judgment at the request of the party entitled to terminate (Article 6:267 DCC).
How do you start a lawsuit in the Netherlands?
If you have a disagreement with someone in the Netherlands, you may have the option to take them to court.
Before you start, determine which court has jurisdiction. In international cases this depends on the rules of private international law and on any choice of court in your contract; within the Netherlands it depends, among other things, on the value and nature of the claim, because the subdistrict judge hears claims of up to €25,000 and certain types of cases (Article 93 DCCP). Most civil proceedings start with a writ of summons (dagvaarding), which a bailiff serves on the defendant (Article 111(1) DCCP). Outside the subdistrict court, both parties must be represented by a lawyer (Article 79 DCCP). If the defendant does not appear, the court grants judgment by default and awards the claim, unless it considers the claim unlawful or unfounded (Article 139 DCCP). If the defendant does appear, the parties exchange written statements and the court usually holds an oral hearing before giving judgment.
Dispute resolution in Holland can be complex, and finding the right lawyer in the Netherlands will improve your case.
Frequently asked questions about dispute resolution in the Netherlands
Do you need a lawyer for a civil case in the Netherlands?
In most cases, yes. Parties must be represented by a lawyer, except in cases before the subdistrict judge (kantonrechter), such as claims of up to €25,000 (Articles 79 and 93 DCCP). In summary proceedings, the defendant may also appear in person in cases where a lawyer is otherwise required (Article 255(1) DCCP).
How fast is a Dutch kort geding?
The law does not set a fixed period. Summary proceedings are available in urgent cases (Article 254(1) DCCP), and the preliminary relief judge sets the date and time of the hearing (Article 254(2)), which can be at short notice. The decision is provisional and can be appealed within four weeks (Article 339(2) DCCP).
Can you appeal an arbitral award in the Netherlands?
Only to a second arbitral tribunal, and only if the parties have agreed on this (Article 1061b DCCP). Otherwise, a final award can only be set aside or revoked by the courts (Article 1064 DCCP). A claim to set aside must as a rule be brought within three months before the court of appeal (Article 1064a), on the limited grounds of Article 1065(1).
Can you litigate in English in the Netherlands?
Yes, before the Netherlands Commercial Court in Amsterdam, if the Amsterdam court has jurisdiction, the dispute is international and concerns a matter at the parties’ free disposal, and the parties have expressly agreed to litigate there in English (proven by a written document). This does not apply to cases for the subdistrict judge (Article 32a(1) DCCP).
Is a mediation agreement binding under Dutch law?
Mediation itself is voluntary and the mediator does not decide the dispute. A settlement that the parties reach is binding as a contract. If they record it as a settlement agreement (vaststellingsovereenkomst), it binds them even where it deviates from the previous legal position (Article 7:900(1) DCC).
