Litigation and arbitration on equine law in Holland

Published on 6 February 2023 · Last updated 29 October 2026

A horse dispute in the Netherlands ends up before a Dutch court, an arbitral tribunal or a mediator. Which route you take depends on your contract, the amount at stake and how urgent the matter is. This page explains how each route works, how you secure your claim and when to involve an equine lawyer in the Netherlands.

It is written for breeders, dealers, stables, riders, owners and buyers abroad who are in a dispute with a Dutch party about a horse: a sale, a livery or training agreement, co-ownership or an injury. The question of who is right is dealt with on our page about disputes in the horse industry. Here the focus is on the procedure: where you can bring the case, what it takes and what it costs in time.

How can a horse dispute be settled in the Netherlands?

There are three routes: proceedings before the Dutch civil courts, arbitration if the parties agreed on it, and mediation as a voluntary step towards a settlement. Urgent measures, such as a conservatory attachment of the horse or summary proceedings, are available alongside each of them.

Route	When it applies	Outcome	Main point of attention
Dutch court (district court or subdistrict court)	No arbitration clause, or the other party does not invoke it in time	Judgment, open to appeal	Public hearing; appeal within three months (Article 339 DCCP)
Summary proceedings (kort geding)	Urgent interest, for example the release of a horse or a ban on a sale	Provisional decision	Appeal within four weeks; the main dispute may still follow
Arbitration	An arbitration agreement, proven in writing, for example by general terms that refer to arbitration	Binding arbitral award	No appeal unless agreed; setting aside on limited grounds only
Mediation	Both parties are willing	Settlement agreement, if reached	Does not stop limitation periods by itself

Many disputes start with a letter and a negotiation. Put your position in writing early and keep the deadlines in view. A buyer who discovers a defect must notify the seller within a reasonable time; for a consumer, notice within two months after finding the defect is always in time (Article 7:23(1) DCC). Claims based on the defect become time-barred two years after that notice (Article 7:23(2) DCC). Other claims for damages generally become time-barred five years after you know of the damage and the liable party (Article 3:310 DCC). More on deadlines in our overview of limitation periods under Dutch law.

Which court hears a horse dispute in the Netherlands?

The subdistrict court (kantonrechter) hears claims of up to EUR 25,000 and consumer sales regardless of the amount. Larger claims go to the district court, where you need a lawyer admitted in the Netherlands.

The limit of EUR 25,000, including interest due up to the day of the summons, is laid down in Article 93 DCCP. Before the subdistrict court, you may conduct the case yourself or through an authorised representative (Article 79(1) DCCP); before the district court, representation by a Dutch lawyer is mandatory (Article 79(2) DCCP). Which court is competent depends in principle on where the defendant lives or has its registered office (Article 99 DCCP).

In a cross-border dispute within the EU, the Brussels I bis Regulation decides which country’s courts have jurisdiction. A defendant is in principle sued in the member state where it is domiciled (Article 4 Brussels I bis). In a contract, the defendant can also be sued where the horse was or should have been delivered or, for livery, training or breeding services, where those services were or should have been provided (Article 7(1)(b)). A choice-of-court clause generally takes priority (Article 25). A private buyer who bought from a professional seller directing its business to the buyer’s country may also sue at home, and can only be sued there (Articles 17 and 18); a clause agreed in advance cannot take that away (Article 19). If the other party is not domiciled in the EU, the Dutch rules of jurisdiction apply instead (Article 6).

How does arbitration work in a horse dispute?

Arbitration is only possible if the parties agreed on it, for example in the general terms of a stud, an auction house or a dealer. An arbitral tribunal then decides instead of the court, and its award is binding on both parties.

The proceedings are confidential if the agreed rules say so, as the NAI Arbitration Rules do. The arbitration agreement can cover future disputes as well as an existing one (Article 1020 DCCP).

If one party goes to court anyway, the court declines jurisdiction once the other party invokes the arbitration agreement before all other defences, unless the agreement is invalid (Article 1022 DCCP). Even with an arbitration clause, you can ask the court for an attachment or for summary proceedings (Article 1022a DCCP).

An award made in the Netherlands becomes enforceable after leave from the preliminary relief judge of the district court for the place of arbitration (Article 1062 DCCP). There is no appeal unless the parties agreed on it (Article 1061b DCCP). An award can be set aside by the court of appeal on the limited grounds of Article 1065 DCCP, within three months after it was sent (Article 1064a DCCP). Read more on our page about our arbitration lawyers in the Netherlands.

Are you a private individual, for example a buyer or a livery client? Then an arbitration clause in the other party’s general terms is unreasonably onerous by law and can be annulled, unless it gives you at least one month after the other party invokes the clause in writing to choose the competent court instead (Article 6:236(n) DCC).

Is mediation a good option for a dispute about a horse?

Mediation suits disputes where the relationship matters, such as between co-owners or a breeder and a regular buyer, or where proceedings would cost more than the horse is worth. A neutral mediator helps the parties reach their own agreement.

Mediation is voluntary. Confidentiality is usually agreed in the mediation agreement that the parties sign at the start. If you reach agreement, record it in a settlement agreement: that binds the parties, also where it departs from the legal position as it was before (Article 7:900 DCC). Mediation does not by itself interrupt limitation. If a deadline is close, send a written notice in which you unambiguously reserve your rights (Article 3:317 DCC), or ask the other party to acknowledge your claim in writing (Article 3:318 DCC).

Are you in a dispute about a horse with a Dutch party and unsure which route fits your case? Contact our equine lawyers with a short description and the contract; we tell you which route and which first steps make sense.

How do you secure your claim before the case is decided?

A conservatory attachment freezes the horse, a bank account or other assets of the other party before the judge decides, so that there is something to recover later. It requires leave from the preliminary relief judge on a written petition.

The petition states the claim and its amount; the judge decides after a summary examination (Article 700 DCCP). If the main proceedings have not yet started, the judge sets a term of at least eight days after the attachment within which you must start them, or the attachment lapses. If the attachment proves unjustified, you may have to compensate the damage it caused, so assess your claim carefully first. See our page on pre-judgment attachments.

For an urgent matter that needs an immediate provisional measure, for example an owner who refuses to hand over a horse or a planned sale of a horse that you claim to own, summary proceedings are the usual route (Article 254 DCCP). Read how kort geding proceedings work.

When do you need an expert in a horse dispute?

Most horse disputes turn on facts that only a veterinarian or another expert can establish: was the horse lame or ill at delivery, did a veterinary examination miss something, was the training or care below standard? An expert report is then often decisive.

The court can appoint an expert, often a veterinarian, to report, at the request of a party or on its own initiative (Article 186 DCCP), and the parties must cooperate with the investigation (Article 190(3) DCCP). Before proceedings start, you can ask the court for a preliminary expert report, for example to have the horse examined while the evidence is still available (Article 196 DCCP and Article 202). Party-appointed experts, such as your own veterinarian, can also be heard with the court’s permission (Article 192 DCCP).

What documents should you collect for a horse dispute?

Collect everything that shows what was agreed and what the horse’s condition was. In practice the outcome often depends on documents that were created at the time of sale or delivery, not on statements made afterwards.

The sales, livery, training, breeding or co-ownership agreement, with any general terms.
The pre-purchase veterinary examination report, including X-rays, and later veterinary records.
The horse passport (equine identification document) and registration papers.
Invoices and proof of payment, and records of costs for care, transport and treatment.
Messages, emails and adverts in which the horse, its health or its suitability were described.
Photos and videos from before and after delivery, with dates.
Your notice to the other party about the defect or breach, and the reply; a buyer must give that notice within a reasonable time (Article 7:23(1) DCC).

Specific issues have their own pages: the rules for buyers in the purchase of a horse in the Netherlands, horse ownership disputes, negligence in the equestrian industry, liability and insurance and business law for the equine industry. All topics are listed on our Dutch equine law page.

How long does a horse dispute in the Netherlands take?

Summary proceedings usually lead to a decision within weeks. Proceedings on the merits before a district court generally take many months, and longer if an expert report or witness hearings are needed. Arbitration depends on the rules agreed and on the tribunal’s schedule.

Assessment and letter: establish the facts, the contract, the deadlines and the forum, and put the claim in writing.
Securing the claim: attachment or summary proceedings, if needed.
Proceedings: a summons (court) or a request for arbitration, followed by a defence and usually an oral hearing.
Evidence: an expert report or witness hearings, if the facts are disputed.
Decision and follow-up: judgment or award, enforcement and, where available, an appeal (three months; four weeks in summary proceedings) or a claim to set aside an arbitral award.

An appeal against a judgment must be lodged within three months, or four weeks in summary proceedings (Article 339 DCCP). A settlement remains possible at every stage.

When should you involve an equine lawyer in the Netherlands?

Involve a lawyer before you send a formal notice of default or claim letter, and in any event when the facts are disputed, a deadline is near or the horse may be sold or moved.

Early advice prevents mistakes that are hard to repair later, such as a missed notice period under Article 7:23 DCC. Our equine lawyers in the Netherlands assess the contract and the evidence, choose the forum, take care of the attachment and conduct proceedings before the Dutch courts and in arbitration. Send us your contract and a timeline of the facts and we will tell you what we think of your position and the next step.

Frequently asked questions about litigation and arbitration in horse disputes

Can I go to court if my contract contains an arbitration clause?

In principle no: if the other party invokes the arbitration agreement before all other defences, the court declines jurisdiction (Article 1022 DCCP). You can still ask the court for an attachment or for summary proceedings (Article 1022a DCCP).

Do I need a Dutch lawyer to start proceedings about a horse?

Before the district court, yes: representation by a lawyer admitted in the Netherlands is mandatory (Article 79(2) DCCP). Claims of up to EUR 25,000 go to the subdistrict court (Article 93 DCCP), where you may appear without a lawyer (Article 79(1) DCCP).

Can I have a horse attached before the case is decided?

Yes, with leave from the preliminary relief judge (Article 700 DCCP). If the main proceedings have not started, you must start them within the term set by the judge, at least eight days after the attachment, or the attachment lapses.

Can I appeal an arbitral award in a horse dispute?

Only if the parties agreed on arbitral appeal. Otherwise the award can only be set aside by the court of appeal on limited grounds, within three months after it was sent (Article 1064a DCCP).

Which court decides a dispute with a seller in another EU country?

Under Brussels I bis, you can sue the seller where the seller is domiciled (Article 4) or where the horse was or should have been delivered (Article 7(1)(b)). If you bought as a private individual from a dealer who directs its business to your country, you can also sue at home (Articles 17 and 18). A choice-of-court clause can change this (Article 25), for consumers only within limits (Article 19).

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. EU legislation is available on EUR-Lex. Legal position checked on 29 October 2026.