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Litigation in the Netherlands

Arbitration in the Netherlands

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The Dutch Arbitration Act, in Book 4 of the Dutch Code of Civil Procedure (Articles 1020-1077 DCCP), governs arbitration in the Netherlands. Parties can agree to arbitrate existing or future disputes. An award can only be challenged by setting aside or revocation (Article 1064), unless the parties agreed on an arbitral appeal. Our team also advises on Real estate law firm in the Netherlands.

Arbitration is a private alternative to court litigation in the Netherlands. The current Dutch arbitration law has applied since 1 January 2015 and is used in both domestic and international arbitration. Our Dutch arbitration attorneys can assist you with arbitration in the Netherlands, from drafting the arbitration clause to enforcing or challenging the award. We regularly assist clients with Witness Hearings in the Netherlands.

When should you opt for arbitration?

Arbitration in the Netherlands is often used in:

  • Commercial disputes requiring special industry knowledge (e.g. shipping disputes).
  • Cases in which the parties want to keep the dispute, or the contract under which it arose, confidential (this must be agreed; see below).
  • construction disputes.

Which arbitration institutes are there in the Netherlands?

Institutional arbitrations in the Netherlands are administered by institutes such as:

Some arbitrations can also be conducted as Ad hoc Arbitrations (which means that they are conducted according to rules between the parties and without the involvement or supervision of an established arbitral institute).

What does a model arbitration clause under Dutch law look like?

An arbitration agreement is essential for submitting disputes to arbitrators in the Netherlands. It is often part of a contract’s Dutch arbitration clause, indicating future disputes must go to arbitration.

The Netherlands Arbitration Institute (NAI) recommends a basic clause that refers all disputes to arbitration under the NAI Arbitration Rules. Its clause generator lets you add the place of arbitration, the language and an exclusion of consolidation under Article 1046 DCCP, for example:

“All disputes arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The place of arbitration shall be Amsterdam. The proceedings shall be conducted in the English language. Consolidation of the arbitral proceedings with other arbitral proceedings, as provided for in Article 1046 of the Dutch Code of Civil Procedure is excluded.”

The NCC recommends using this model clause for arbitration in the Netherlands language:

“All disputes arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled in accordance with the arbitration rules of [arbitration institute]. The place of arbitration shall be Amsterdam (the Netherlands). The proceedings shall be conducted in English. Any court proceedings in the Netherlands before, during or after the arbitration will – to the extent allowed by law – exclusively be dealt with by the Amsterdam District Court or the Amsterdam Court of Appeal, whichever has jurisdiction, following proceedings in English before the Chambers for International Commercial Matters (Netherlands Commercial Court, which consists of the NCC District Court, the NCC Court in Summary Proceedings and the NCC Court of Appeal). The NCC Rules of Procedure (see www.ncc.gov.nl) apply to these proceedings. This clause is not intended to exclude Supreme Court appeal.“

Is dispute resolution through arbitration a common alternative in Holland?

A settlement can be reached in Holland either outside or inside the courtroom. Arbitration is an alternative dispute resolution method used in domestic and international commercial cases.

Arbitration is a common method of resolving disputes outside court in the Netherlands, for example in the construction and maritime sectors. It can be faster and more flexible than court proceedings, and the parties can choose arbitrators with expertise in their field. Whether arbitration is faster or cheaper in a particular case depends on the dispute and on the rules the parties chose.

What are the arbitration rules in the Netherlands?

The current Dutch Arbitration Act took effect on 1 January 2015 and replaced the previous arbitration rules. The rules remain in Book 4 (Articles 1020-1077) of the Dutch Code of Civil Procedure (DCCP; in Dutch: Wetboek van Burgerlijke Rechtsvordering): Title 1 (Articles 1020-1073) governs arbitration in the Netherlands and Title 2 (Articles 1074-1076) arbitration outside the Netherlands. Title 1 applies if the place of arbitration is in the Netherlands (Article 1073(1)). The Act aims at efficient and flexible proceedings in domestic and international disputes. This Act is inspired, but not based on the UNCITRAL Model Law (2006) and in accordance with the European Unfair Terms In Consumer Contracts Directive (93/13/EE).

What is a valid arbitration agreement under Dutch law?

Parties can agree to submit disputes arising from a particular legal relationship, contractual or not, to arbitration: an existing dispute (submission agreement, compromis) or future disputes (arbitration clause) (Article 1020(1) and (2) DCCP). Written form is not a condition for validity under Dutch law, but the arbitration agreement must be proven by a written document (Article 1021). A document that provides for arbitration, or that refers to general terms and conditions providing for arbitration, is sufficient if the other party has accepted it expressly or tacitly. Electronic data can also serve as proof. An arbitration clause can therefore be included in general terms and conditions, and an arbitration clause in binding articles of association or regulations also counts (Article 1020(5)).

In a contract with a consumer, an arbitration clause in general terms and conditions is deemed unreasonably onerous, and can therefore be annulled, unless it gives the consumer at least one month, after the business has invoked the clause in writing, to choose the court that would have jurisdiction by law (Article 6:236(n) Dutch Civil Code; Article 6:233(a)). This black-list rule only applies to clauses in general terms and conditions; it does not cover an individually negotiated arbitration agreement.

An arbitration agreement may not lead to legal consequences that are not at the free disposal of the parties (Article 1020(3)). An arbitral tribunal cannot, for example, declare a company bankrupt or decide on a person’s civil status. Besides deciding disputes, the parties can also submit to arbitration the mere determination of the quality or condition of goods, the mere determination of damages or of a sum owed, and the supplementing or amending of their legal relationship (Article 1020(4)).

What is the place of arbitration under Dutch arbitration law?

The place of arbitration is determined by the parties or, failing agreement, by the arbitral tribunal; it also determines the place where the award is made (Article 1037(1) DCCP). The Dutch Arbitration Act and the Dutch rules on enforcement and setting aside of awards apply if the place of arbitration is in the Netherlands (Article 1073(1)).

This does not mean that the arbitral tribunal must meet there. Unless the parties agreed otherwise, it can hold hearings, deliberate and hear witnesses and experts at any other place, in or outside the Netherlands (Article 1037(3)).

Can a Dutch arbitral tribunal decide on its own jurisdiction?

Yes. The arbitral tribunal may rule on its own jurisdiction (Article 1052(1) DCCP). Its jurisdiction can be challenged on the ground that there is no valid arbitration agreement or that the tribunal was composed in breach of the applicable rules (Article 1052(2) and (3)).

A party that appears in the arbitration must object that there is no valid arbitration agreement before putting forward any other defence. Otherwise it loses the right to rely on this later, in the arbitration or before the court, unless the objection is that the dispute is not arbitrable under Article 1020(3) (Article 1052(2)). A party that took part in constituting the tribunal cannot object to its composition at all; a party that did not take part must raise that objection before any other defence (Article 1052(3)). A decision in which the tribunal accepts jurisdiction can only be challenged together with a subsequent final or partial final award (Article 1052(4)).

If the arbitral tribunal declares that it lacks jurisdiction because there is no valid arbitration agreement, the ordinary courts have jurisdiction. If it declines jurisdiction on another ground, the arbitration agreement remains in force, unless the parties agreed otherwise (Article 1052(5)).

How do you appoint arbitrators under Dutch law?

Articles 1023-1030 DCCP deal with arbitrators and their appointment. Any natural person with legal capacity can be appointed, and no one is excluded because of nationality unless the parties agreed otherwise (Article 1023 DCCP). Arbitrators must be impartial and independent; otherwise they can be challenged (see below). An arbitral tribunal has an odd number of arbitrators and may consist of a sole arbitrator (Article 1026(1)). If the parties agreed on an even number, those arbitrators appoint an additional arbitrator as chair (Article 1026(3)).

Arbitrators are appointed in the way the parties agreed; the parties can also leave the appointment to a third party, such as an arbitration institute. If no method was agreed, the parties appoint the arbitrators jointly (Article 1027(1)).

Unless they were appointed earlier, the arbitrators must be appointed within three months after the arbitration has commenced; the parties can shorten or extend this period (Article 1027(2)). If no appointment is made in time, the preliminary relief judge (voorzieningenrechter) of the district court appoints the missing arbitrator or arbitrators at the request of either party (Article 1027(3)). If one party has been given a privileged position in the appointment, the other party can ask that judge to make the appointment instead, within three months after the arbitration has commenced (Article 1028).

How do you challenge an arbitrator under Dutch law?

An arbitrator can be challenged if there is justifiable doubt as to his impartiality or independence (Article 1033(1) DCCP). A party can only challenge an arbitrator it appointed itself for reasons that became known to it after the appointment (Article 1033(2)). Arbitrators must disclose possible grounds for a challenge in writing, both before and after their appointment and during the proceedings (Article 1034).

The challenge must be notified in writing, with reasons, within four weeks after receipt of the disclosure or, failing that, after the reason became known to the challenging party (Article 1035(1)). If the arbitrator does not withdraw within two weeks, the preliminary relief judge decides at the request of either party (Article 1035(2)). The parties can agree that an independent third party other than that judge decides on challenges (Article 1035(7)).

How do you commence arbitration proceedings under Dutch law?

If there is an arbitration clause, the arbitration is pending on the day the other party receives a written notice that a party is starting arbitration, describing what it wants to submit to arbitration (Article 1025(1) DCCP). With a submission agreement (compromis), the case is pending once that agreement has been concluded (Article 1024(2)). The parties, for example by choosing institutional rules, can agree on another way of commencing the arbitration.

How are arbitration proceedings conducted under Dutch law?

Subject to the mandatory provisions of the Act, the proceedings are conducted as the parties agreed; insofar as they did not agree, the arbitral tribunal decides (Article 1036(1) DCCP).

Article 1036(2) and (3) provide that the parties must be treated equally and have the opportunity to put forward, explain and respond to each other’s positions and documents. They also provide that the arbitral tribunal must ensure that there are no unreasonable delays and that each party has an obligation to avoid unreasonable delays.

Articles 1038a-1038d deal with the written and oral phase: a statement of claim and a statement of defence (Article 1038a), an oral hearing at the request of a party (Article 1038b), counterclaims (Article 1038c), and changes to the claim, provided this does not unreasonably hinder the other party’s defence or unreasonably delay the proceedings (Article 1038d). A lawyer is not mandatory: parties can appear in person or be represented by a lawyer or by a person holding a written power of attorney (Article 1038(1)).

What are the rules of evidence in arbitration under Dutch law?

Articles 1039-1043 DCCP deal with evidence. Unless the parties agreed otherwise, the arbitral tribunal is free to decide on the taking of evidence, the admissibility of evidence, the burden of proof and the weight of the evidence (Article 1039(1)). It can order a party to produce specific documents relating to the dispute (Article 1040(2)) and hear witnesses and experts (Article 1041).

Under Article 1046, a party can ask a third party designated by the parties, such as an arbitration institute, to consolidate the arbitration with other arbitral proceedings pending in or outside the Netherlands, unless the parties agreed otherwise. Without such a third party, the preliminary relief judge of the Amsterdam District Court can be asked to consolidate arbitrations pending in the Netherlands. Article 1048a requires a party that appears in the arbitration to object without unreasonable delay as soon as it knows, or should reasonably know, of a breach of the procedural rules of the Act, the arbitration agreement or an order of the tribunal. Otherwise it loses the right to rely on that breach later, in the arbitration or before the court. The award only needs to be filed with the registry of the district court if the parties have agreed to that (Article 1058(1)(b)).

Is arbitration confidential in the Netherlands?

Not automatically. The Dutch Arbitration Act does not impose a general duty of confidentiality on the parties or the arbitrators. It only provides that no copy or extract of an award filed with the district court registry is given to third parties (Article 1058(4)). Institutional arbitration rules may contain confidentiality provisions, but if confidentiality matters to you, agree on it expressly in the arbitration agreement.

Can you obtain interim relief in arbitration?

Yes. While arbitration on the merits is pending, the arbitral tribunal can, at a party’s request, grant interim relief (voorlopige voorziening) related to the claim or counterclaim (Article 1043b(1) DCCP). The parties can also agree that a separately appointed tribunal can grant interim relief, whether or not proceedings on the merits are pending (arbitral summary proceedings, Article 1043b(2)). The tribunal cannot order conservatory measures such as prejudgment attachments; for those, and for summary proceedings, a party can still go to the ordinary court (Article 1022a). If the other party invokes the arbitration agreement, the court only hears the request if the decision cannot be obtained in arbitration, or not in time (Article 1022c). Unless the tribunal decides otherwise, its decision on interim relief counts as an arbitral award (Article 1043b(4)), but it has no res judicata effect (Article 1059(2)).

How are the costs of arbitration allocated under Dutch law?

The Dutch Arbitration Act contains no specific rules on the allocation of costs. The parties can regulate costs in the arbitration agreement or by choosing institutional rules; otherwise the arbitral tribunal decides. Tribunals often order the losing party to pay the arbitration costs and (part of) the other party’s legal fees, but the winning party will not always recover all its costs.

Can parties agree that the award does not state reasons?

An award must state the reasons for the decision (Article 1057(4)(e) DCCP). After the arbitration has commenced, the parties can agree in writing that no reasons will be given (Article 1057(5)(c)). No reasons are required either for an award that only determines the quality or condition of goods, or that records a settlement (Article 1057(5)(a) and (b)).

Can you lodge an arbitral appeal in the Netherlands?

The Dutch Arbitration Act contains a separate section on arbitral appeals (Articles 1061a-1061l DCCP). An arbitral appeal is only possible if the parties have agreed to it (Article 1061b). The appeal must be lodged within the period the parties agreed or, failing that, within three months after the day the award was sent (Article 1061c). An appeal lies against a final award and a last partial final award; against other partial final awards unless the parties agreed otherwise; and against an interim award only together with the final or partial final award, unless the parties agreed otherwise (Article 1061d).

What must an arbitral award include under Dutch law?

The award must be in writing and signed by the arbitrator or arbitrators; if a minority does not sign, the others must state this in the award (Article 1057(2) and (3)). Besides the decision, it must contain at least the names and addresses of the arbitrators and of the parties, the date and place of the award, and the reasons for the decision (Article 1057(4)). The tribunal can render a final, partial final or interim award (Article 1049); only a final or partial final award can be challenged directly (Article 1064).

How do you enforce an arbitral award in the Netherlands?

An arbitral award can only be enforced in the Netherlands after the preliminary relief judge (voorzieningenrechter) of the district court of the place of arbitration has granted leave for enforcement (exequatur) at the request of a party (Article 1062(1) DCCP). The leave is noted on the original award or included in a decision (Article 1062(2)). If leave is granted, the other party can only use the remedies of setting aside and revocation (Article 1062(3)).

For enforcing an arbitral award in the Netherlands, the applicant submits a petition (verzoekschrift) requesting leave (Article 1072a). In practice, the award and the arbitration agreement are submitted with the petition, with translations where needed. For foreign awards, the documents are prescribed by treaty or by Article 1076 (see below).

Is an arbitral award directly enforceable?

An award can be enforced once leave for enforcement has been granted (Article 1062(1)). A claim to set aside the award does not suspend enforcement, but the court deciding on the setting aside can suspend enforcement at a party’s request until the claim has been finally decided (Article 1066(1) and (2)). If the parties agreed on an arbitral appeal, a first-instance award can only be enforced before the appeal has been decided if the tribunal declared it provisionally enforceable (Article 1061k).

When can enforcement of a Dutch award be refused?

The preliminary relief judge can only refuse leave for enforcement if, after a summary examination, it appears likely that the award will be set aside or revoked, or if a penalty payment was imposed contrary to Article 1056 (Article 1063(1) DCCP). Once the period for a setting-aside claim has expired unused, leave can only be refused if the award is likely to violate public policy (Article 1063(2)). A refusal can be appealed to the Court of Appeal (Article 1063(4)). The grounds of Article 1063(1) are:

  1. A ground for setting aside under Article 1065(1)(a)-(e);
  2. A ground for revocation under Article 1068(1);
  3. A penalty payment (dwangsom) imposed contrary to Article 1056; only the enforcement of the penalty is then refused.

How are foreign arbitral awards enforced?

Foreign arbitral awards are recognised and enforced under Article 1075 DCCP if a treaty applies, or under Article 1076 DCCP if no treaty applies.

How are foreign arbitral awards enforced under a treaty (Article 1075)?

The most important treaty is the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Netherlands signed it on 10 June 1958 and ratified it on 24 April 1964; it entered into force for the Netherlands on 23 July 1964 (UNCITRAL status table). Under the Convention, recognition and enforcement can only be refused on the limited grounds in Article V. The Netherlands made the reciprocity reservation: it applies the Convention only to awards made in the territory of another contracting state (Article I(3)).

What are the requirements for enforcement of a foreign arbitral award?

The Act and the New York Convention both contain provisions on the procedure. Articles 985-990 DCCP apply insofar as the treaty does not provide otherwise (Article 1075(2)).

Under Article 1075(2) DCCP, the request for leave is made to the Court of Appeal (gerechtshof) instead of the district court, by petition (verzoekschrift). Under Article IV of the New York Convention, the applicant must supply the duly authenticated original award or a certified copy, and the original arbitration agreement or a certified copy. If these are not in Dutch, a certified translation is required.

On which grounds can a foreign award be refused under the New York Convention?

Recognition and enforcement may only be refused on the grounds in Article V of the New York Convention. The party resisting enforcement must prove the grounds in Article V(1); the court can refuse on the grounds in Article V(2) if it finds that they apply.

  1. Incapacity of a party, or an invalid arbitration agreement (Article V(1)(a)).
  2. No proper notice of the appointment of the arbitrator or of the proceedings, or a party was otherwise unable to present its case (Article V(1)(b)).
  3. The award deals with matters beyond the scope of the submission to arbitration (Article V(1)(c)).
  4. The composition of the tribunal or the procedure was not in accordance with the parties’ agreement or, failing that, with the law of the place of arbitration (Article V(1)(d)).
  5. The award is not yet binding, or has been set aside or suspended in the country where, or under whose law, it was made (Article V(1)(e)).
  6. The subject matter is not capable of settlement by arbitration under Dutch law (Article V(2)(a)).
  7. Recognition or enforcement would be contrary to Dutch public policy (Article V(2)(b)).

How is a foreign arbitral award enforced without a treaty?

If no treaty applies, or if an applicable treaty allows reliance on the law of the country where enforcement is sought, a foreign award can be recognised and enforced in the Netherlands upon submission of the original or a certified copy of the arbitration agreement and of the award (Article 1076(1)). Here too, the request is made to the Court of Appeal (Article 1076(6)).

On which grounds can enforcement be refused without a treaty?

Article 1076(1) DCCP lists the grounds for refusal. The party resisting enforcement must assert and prove grounds 1 to 5; the court itself assesses public policy (ground 6). Grounds 1 to 3 do not apply if the party failed to object in time in the arbitration (Article 1076(2)-(4)).

  1. There is no valid arbitration agreement under the law applicable to it.
  2. The arbitral tribunal was composed in breach of the applicable rules.
  3. The arbitral tribunal did not comply with its mandate.
  4. The award is still open to appeal to arbitrators or a court in the country where it was made.
  5. A competent authority in the country where the award was made has canceled it.
  6. Recognition or enforcement is contrary to public policy.

How can an arbitral award be set aside in the Netherlands?

A final or partial final award can only be challenged by setting aside (vernietiging) or revocation (herroeping) (Article 1064). The claim to set aside is brought before the Court of Appeal of the district in which the place of arbitration is located or, if the place of arbitration is in the Amsterdam district and the parties expressly agreed to this, before the Netherlands Commercial Court of Appeal (Article 1064a(1)). The claim must be brought within three months after the day the award was sent, or after it was filed with the court if the parties agreed on filing. If the award with leave for enforcement is served on the other party, that party can still claim setting aside within three months after service (Article 1064a(2)). All grounds must be stated in the writ of summons (Article 1064a(4)). Unlike in the arbitration itself, a lawyer is required in these court proceedings.

An award can only be set aside on one or more of the grounds in Article 1065(1) DCCP:

  1. There is no valid arbitration agreement.
  2. The arbitral tribunal’s composition was not in compliance with the rules.
  3. The arbitral tribunal did not comply with its mandate; this only leads to setting aside if the failure is serious and the party objected in time (Article 1065(4)).
  4. The award was not signed in accordance with Article 1057 or does not state reasons.
  5. The award, or the way in which it was made, violates public policy.

If the award is set aside because there is no valid arbitration agreement, the ordinary courts have jurisdiction once that judgment is final. If it is set aside on another ground, the arbitration agreement remains in force, unless the parties agreed otherwise (Article 1067). A claim to set aside does not suspend the enforcement of the award (Article 1066(1)).

When can an arbitral award be revoked in the Netherlands?

Revocation (herroeping) is an exceptional remedy for fraud, forgery and withheld documents discovered after the award, not for errors by the arbitrators. An award can only be revoked on one or more of the grounds in Article 1068(1) DCCP:

  1. Fraud discovered after the award, committed in the arbitration by or with the knowledge of the other party;
  2. The award is based on documents that turn out after the award to be forged;
  3. After the award, a party obtains documents that would have influenced the decision and that were withheld through the other party’s actions.

The claim for revocation must be brought before the Court of Appeal of the district in which the place of arbitration is located, within three months after the fraud or forgery became known or the party obtained the new documents (Article 1068(2)).

Can the Court of Appeal refer the case back to the arbitral tribunal?

Yes, in setting-aside proceedings. The Court of Appeal can, at a party’s request or on its own motion, suspend the setting-aside proceedings for a period it sets, so that the arbitral tribunal can remove the ground for setting aside by reopening the arbitration or by taking another measure it considers appropriate (Article 1065a(1) DCCP). This is called remission. No appeal lies against the court’s decision on this.

Before deciding, the arbitral tribunal gives the parties the opportunity to be heard. If the tribunal finds that the ground for setting aside can be remedied, it renders a new award that replaces the challenged award. After the suspension, the Court of Appeal decides as it considers appropriate in the circumstances (Article 1065a(2)-(4)).

Does Dutch arbitration law allow electronic arbitration?

Yes. Where the Act requires writing, this can also be done electronically if the addressee has indicated that he can be reached this way and the tribunal agrees (Article 1072b(1) DCCP). The award can be made in electronic form with a qualified electronic signature (Article 1072b(3)), and the tribunal can hear witnesses, experts and parties by electronic means instead of in person (Article 1072b(4)). The award only needs to be filed with a district court if the parties have agreed to that (Article 1058(1)(b)).

How does Dutch arbitration law protect party autonomy and consumers?

The Dutch Arbitration Act gives parties more control over the conduct of arbitration proceedings. This makes the process more flexible as many provisions are regulatory rather than mandatory. The non-mandatory conditions include the phrase “unless otherwise agreed by parties” or something similar. Mandatory provisions cannot be altered (Article 1036(1)).

The black list in the Dutch Civil Code also protects consumers. An arbitration clause under Dutch law in general terms and conditions used against a consumer is deemed unreasonably onerous, unless it gives the consumer at least one month, after the business has invoked the clause in writing, to choose the court that would have jurisdiction by law (Article 6:236(n) Dutch Civil Code). The rule does not cover an individually negotiated arbitration agreement.

Can a Dutch arbitral award be enforced abroad?

Yes. The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards applies in the other contracting states (172 parties according to the UNCITRAL status table, consulted on 25 October 2026). An award made in the Netherlands can therefore be recognised and enforced in those states, and enforcement can only be refused on the limited grounds in Article V of the Convention, such as an invalid arbitration agreement, a breach of due process or a violation of the public policy of the enforcing state.

Whether the Convention applies in a particular state also depends on the reservations that state made, such as the reciprocity reservation (Article I(3)). Check this before you choose the place of arbitration.

What is the Netherlands Arbitration Institute (NAI)?

The Netherlands Arbitration Institute (NAI) is the main general arbitration institute in the Netherlands. It administers arbitrations under its own Arbitration Rules and recommends a model arbitration clause (see above). Other Dutch institutes focus on a specific sector, such as the Council for Arbitration in the Construction Industry (Raad van Arbitrage voor de Bouw), the Arbitral Tribunal for the Graphic Industry Foundation and the Dispute Resolution Foundation for Automation (“Stichting Geschillen Oplossing Automatisering”).

Institutional rules apply on top of the Dutch Arbitration Act: where the Act is not mandatory, the rules the parties chose prevail (Article 1036(1)).

Frequently asked questions about arbitration in the Netherlands

What is the Dutch Arbitration Act?

The Dutch Arbitration Act is Book 4 of the Dutch Code of Civil Procedure (Articles 1020-1077). Its current version has applied since 1 January 2015. Title 1 governs arbitration with its place in the Netherlands (Article 1073(1)); Title 2 deals with arbitration outside the Netherlands, including the enforcement of foreign awards (Articles 1074-1076).

Does an arbitration agreement have to be in writing under Dutch law?

Written form is not a condition for validity, but the arbitration agreement must be proven by a written document (Article 1021 DCCP). A document providing for arbitration, or referring to general terms that provide for arbitration, is enough if the other party accepted it expressly or tacitly. Electronic data can also serve as proof.

Do you need a lawyer for arbitration in the Netherlands?

Not in the arbitration itself: parties can appear in person or be represented by a lawyer or by a person holding a written power of attorney (Article 1038(1) DCCP). In court proceedings related to the arbitration, such as a claim to set aside the award before the Court of Appeal, a lawyer is required.

What happens if one party applies for enforcement of the award and the other party applies for setting aside?

Both procedures can run at the same time. A claim to set aside does not suspend enforcement, but the court deciding on the setting aside can suspend enforcement at a party’s request (Article 1066(1) and (2) DCCP). The preliminary relief judge can refuse leave for enforcement if it is likely that the award will be set aside on a ground in Article 1065(1) (Article 1063(1)). If the award is set aside, the leave for enforcement falls away by operation of law (Article 1062(4)).

Is an arbitral award final and binding in the Netherlands?

Yes. Decisions on the legal relationship in dispute contained in an arbitral award that has become final (in kracht van gewijsde gegaan) have res judicata effect in other proceedings between the same parties from the day they were given (Article 1059(1) DCCP). This does not apply to decisions on interim relief (Article 1059(2)). Against a final award, only setting aside and revocation are available (Article 1064), unless the parties agreed on an arbitral appeal (Article 1061b).

Primary sources

Arbitration attorney in the Netherlands

If you are looking for an arbitration attorney in the Netherlands, please contact our lawyer for arbitration Remko Roosjen. Remko will be happy to help you with your questions about arbitration in the Netherlands.

+31 (0)20 – 210 31 38
remko.roosjen@maakadvocaten.nl

Remko Roosjen

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