Commercial Dispute Resolution in the Netherlands

What are your options for resolving commercial disputes in the Netherlands?

Resolving a commercial conflict in the Netherlands means choosing between amicable settlement, proceedings on the merits, the Netherlands Commercial Court, or arbitration. Approximately 65% of Dutch business conflicts are initially approached amicably before parties consider litigation in the Netherlands. When negotiations stall, international businesses face strategic choices under Dutch law that fundamentally influence both costs and timelines. In this blog post our Dutch attorneys will speak about the most important aspects of Dutch litigation.

Your organization may find itself in situations where a supplier fails to meet contractual obligations or a business partner delays payments. Therefore, understanding the different procedures available within the Netherlands legal system is essential. Each procedure under Dutch law has specific advantages and disadvantages, depending on your dispute’s complexity, international dimension, and priorities regarding speed, costs, and confidentiality.

Which languages apply to commercial procedures in the Netherlands?

The working language for proceedings on the merits is Dutch. However, you may submit supporting documents in English, German, or French without translation requirements, unless the court deems this necessary for adequate case treatment. This offers practical advantages, particularly for international companies operating under Dutch jurisdiction.

Proceedings before the Netherlands Commercial Court (NCC) are conducted in English as standard. Nevertheless, parties can unanimously request to switch (wholly or partially) to Dutch after submission of the originating document. Approximately 85% of NCC procedures remain entirely in English, given this specialized chamber’s international focus on Dutch commercial law disputes.

In arbitration in the Netherlands, parties determine the working language through mutual agreement. This flexibility makes arbitration particularly suitable for international partnerships involving multiple nationalities. Furthermore, you thereby avoid translation costs and misunderstandings that can arise from language barriers in cross-border litigation in the Netherlands.

How is jurisdiction of Dutch courts determined?

Proceedings on the merits in the Netherlands typically commence at the court where the defendant resides. This general rule has exceptions, for instance when parties have contractually agreed upon forum selection. Approximately 40% of Dutch commercial contracts now contain such forum selection clauses, usually favoring the location of the stronger contracting party.

When does the Netherlands Commercial Court have jurisdiction over your case?

The NCC exclusively handles international civil or commercial disputes where parties have agreed in writing that proceedings will be conducted in English before this specialized chamber. Additionally, the Amsterdam District Court or Amsterdam Court of Appeal must have jurisdiction according to regular Dutch law competence rules. The NCC explicitly does not handle cases without an international dimension. The NCC recommends including the following clause in contracts:

“All disputes arising out of or in connection with this agreement will be resolved by the Amsterdam District Court following proceedings in English before the Chamber for International Commercial Matters (Netherlands Commercial Court or NCC District Court), to the exclusion of the jurisdiction of any other courts.”

For arbitration procedures under Dutch law, parties must agree on a written arbitration clause. The place of arbitration is determined by party agreement or, failing such agreement, by the arbitral tribunal itself. This freedom of choice offers strategic advantages for multinational organizations with establishments across different legal jurisdictions.

Which legislation applies to your commercial dispute in the Netherlands?

Dutch courts apply Dutch law, including the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering). However, the applicable substantive law is determined according to Dutch private international law rules. Consequently, your dispute may be assessed materially under, for example, German or English law, while the procedure itself follows Dutch litigation rules.

This distinction is crucial: an international supply agreement may be subject to INCOTERMS and German, Austrian or Swiss sales law, while the Amsterdam court conducts proceedings according to Dutch procedural rules. Specialist legal assistance from a lawyer in the Netherlands prevents costly misunderstandings about these choice of law issues.

The arbitral tribunal judges according to the law chosen by the parties. Where choice of law is absent, the tribunal independently determines which law is most appropriate. This freedom contrasts with the constraints on national courts bound by Dutch conflict of law rules.

Why is market knowledge of judges relevant for your dispute?

Judges in Dutch proceedings on the merits generally lack specific knowledge of the market sector in which your organization operates. This can prove disadvantageous in technically complex disputes, for instance concerning software-as-a-service agreements or supply chain financing under Dutch commercial law. Experts are then engaged, extending the timeline by an average of 4-6 months.

What distinguishes NCC judges from regular Dutch court judges?

NCC judges specialize in complex international commercial matters and possess extensive experience with cross-border contractual disputes under Dutch law. Unlike proceedings on the merits, a panel of three judges handles your NCC case, which increases legal depth and international credibility. This majority composition also reduces the risk of individual assessment errors in Netherlands jurisdiction.

In arbitration, parties appoint the arbitrator(s) themselves, enabling you to deliberately select experts with sector-specific knowledge. A dispute concerning pharmaceutical licenses can, for example, be submitted to an arbitral tribunal consisting of lawyers in the Netherlands with life sciences expertise. Approximately 70% of international arbitration proceedings involve arbitrators with relevant industry experience.

How confidential are Dutch legal procedures and judgments?

Proceedings on the merits in the Netherlands and NCC cases have public hearings and judgments in principle. However, the court may determine that the hearing takes place wholly or partially in private, for instance involving confidential business information or state secrets. Judgments are always published publicly, albeit often anonymized.

Arbitration, by contrast, is inherently confidential and private. This explains why particularly listed companies and businesses with reputation-sensitive disputes prefer arbitration under Dutch law. Nevertheless, confidentiality cannot be absolutely guaranteed if an arbitral award is submitted to a national court for annulment or enforcement.

What do different procedures cost in the Netherlands?

Court fees for proceedings on the merits vary, depending on the parties (natural person versus legal entity) and your claim amount. However, these amounts merely cover access to the Dutch court system, not actual lawyer fees.

Court fees in the Netherlands per 2026 

For 2026, the tariffs for Dutch court fees in civil cases have been indexed once again. The fees for different types of cases are as follows (approximately):

How much do you pay for NCC proceedings in Amsterdam?

The NCC applies fixed rates regardless of your claim size. This predictability facilitates budget planning, particularly for multinationals with standardized dispute budgets. Additionally, you thereby eliminate the risk of unexpected court fees for claims.

Arbitration costs vary significantly and depend on the chosen arbitration institution, number of arbitrators, and dispute complexity. Institutional arbitration through, for example, the Netherlands Arbitration Institute (NAI) has predictable cost structures, while ad-hoc arbitration is more flexible but less transparent.

Can the losing party be ordered to pay legal costs in the Netherlands?

In proceedings on the merits and NCC cases, the Dutch court can order the losing party to reimburse legal costs. These costs include court fees and lawyer fees according to the liquidation tariff. However, awarded amounts rarely cover actual lawyer costs. On average, approximately 25-40% of actual legal costs are reimbursed.

In arbitration, parties can make agreements regarding cost allocation. Where such agreements are absent, the arbitral tribunal determines cost distribution reasonably. In international arbitration, the principle “costs follow the event” is generally applied: the loser bears all costs, including the winner’s actual lawyer fees.

How long do commercial procedures take in the Netherlands?

Proceedings on the merits have an average duration of 8 to 12 months in first instance. However, Dutch courts face substantial backlogs, resulting in procedures often spanning 15-24 months in practice. On appeal, add another 12-18 months, depending on complexity and the court involved in Netherlands litigation.

Why is the Dutch NCC known for swift proceedings?

The NCC explicitly positions itself as a fast-track procedure for international commercial matters under Dutch law. Although only operational since January 2019, statistics demonstrate that NCC procedures are completed on average 30-40% faster than comparable proceedings on the merits. This efficiency results from specialized judges, strict scheduling, and focus on international business reality.

Arbitration can be resolved relatively quickly, depending on the chosen form and arbitration institute. Average duration varies between 9 and 18 months. Fast-track arbitration can even lead to a binding award within 6 months, provided parties opt for this and the dispute lends itself to such treatment.

Are Dutch judgments enforceable in other countries?

Dutch judgments from proceedings on the merits and NCC cases are enforceable within the European Union and the Kingdom of the Netherlands without requiring a declaration of enforceability. This arrangement flows from the Brussels I-bis Regulation and offers considerable convenience for businesses with pan-European activities operating under Dutch jurisdiction.

Outside the EU, enforceability is governed by treaties to which the Netherlands is party and by general private international law in the country where enforcement is sought. Countries without treaties with the Netherlands do not automatically recognize Dutch judgments, potentially requiring you to commence new proceedings. However, approximately 60% of global jurisdictions recognize Dutch judgments through bilateral treaties or comity principles.

What advantages do Dutch arbitral awards offer internationally?

Arbitral awards are enforceable in most countries through international conventions, notably the New York Convention of 1958. This convention binds over 170 countries and ensures mutual recognition of arbitral awards. Consequently, arbitration often receives preference for transactions with partners in jurisdictions outside the EU or without extensive treaty networks.

This global enforceability explains why multinationals structurally incorporate arbitration clauses in long-term contracts with Asian or South American partners. For example, a NCC judgment against a Chinese counterparty requires local recognition procedures, whereas an arbitral award under Dutch law is directly enforceable under the New York Convention.

How do you choose the optimal dispute resolution for your organization in the Netherlands?

Your choice depends on strategic priorities: speed, costs, confidentiality, expertise, and international enforceability. For a medium-sized dispute with a Dutch counterparty without international dimension, proceedings on the merits suffice. Conversely, large international contracts with reputation-sensitive elements often justify the higher costs of arbitration under Dutch law.

Specialized lawyers in the Netherlands help you make this assessment based on your specific situation, contractual relationships, and business objectives.