Litigation in the Netherlands starts with choosing the procedure that fits your dispute: summary proceedings for an urgent matter, proceedings on the merits for a full judgment, attachment to secure assets, or arbitration. As a Dutch law firm in Amsterdam, MAAK Advocaten acts for foreign businesses that sue or are sued before Dutch courts.
A procedure in another country can feel unpredictable. We assess your position, choose the route that fits your commercial goal and keep you informed at every step. A settlement is often a better result than a judgment.
Which procedure fits your dispute?
That depends on how urgent the matter is, what you want to achieve and where the debtor’s assets are. Summary proceedings give a quick provisional decision, proceedings on the merits give a final judgment, and attachment secures assets before either.
- Starting a case. How a civil case begins and runs: filing a claim with the Dutch court, how Dutch civil procedure works and starting legal proceedings, and proceedings on the merits, which start with a writ of summons. Have you received a writ yourself? Read what to do when you are summoned.
- Urgent cases. For a quick decision on an urgent matter: summary proceedings (kort geding).
- Securing assets. Freezing assets or a bank balance before judgment: prejudgment attachment.
- Evidence. How evidence and witnesses work in Dutch proceedings: evidence in Dutch civil law and examination of witnesses.
- Damages. What you can claim and how: claims for damages under Dutch law.
- Time limits. A claim can become time-barred: limitation periods under Dutch law and how to interrupt a limitation period.
- Appeal. If you disagree with the judgment: appeal proceedings in the Netherlands and when a judgment becomes final.
- Arbitration. When the contract refers disputes to arbitration: how arbitration works in the Netherlands, international arbitration and the 2024 NAI Arbitration Rules.
- International disputes. Which court decides and how a judgment is enforced across borders: Dutch jurisdiction in international disputes, jurisdictional conflicts and enforcing international judgments.
- Enforcement. Once you have a judgment: enforcement of a judgment in the Netherlands.
- Costs. What a procedure costs and which costs you can recover: legal costs and court fees in the Netherlands.
Important: Talks can run longer than you expect. A claim for performance of a contract becomes time-barred five years after the day on which performance fell due (article 3:307 of the Dutch Civil Code), unless the period is interrupted. Have a Dutch litigation lawyer review your timeline before you agree to another round of negotiations.
Where do you start with a dispute?
Start with the paperwork and the dates, then decide what you want to achieve. The route follows from that goal, not the other way around.
- Collect the contract, the correspondence and the invoices, and write down the dates. That determines your position and the deadlines.
- Decide what you want to achieve: payment, performance, an injunction or an end to the relationship.
- Choose the route that fits: a firm letter, negotiation, summary proceedings, proceedings on the merits or arbitration.
Important: The period to appeal a Dutch judgment is three months, and four weeks in summary proceedings (article 339 of the Dutch Code of Civil Procedure). Have a Dutch litigation lawyer review the judgment while there is still time to decide, not after the period has run.
Which related areas are relevant?
Unpaid invoices are covered under debt collection in the Netherlands, disputes with a regulator under regulatory litigation and contract questions under Dutch contract law. Disputes about intellectual property are covered under intellectual property law.
Do you have a dispute with a Dutch party, or have you been summoned in the Netherlands? Contact our litigation lawyers or send us your question.
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