Conducting a Construction Dispute Through Arbitration in the Netherlands

Published on 24 January 2026 · Last updated 28 October 2026

Many Dutch construction contracts send disputes to arbitration before the Raad van Arbitrage in bouwgeschillen (RvA), the Dutch arbitration board for the building industry, instead of to the courts. Contractors and principals then litigate before arbitrators with construction and legal backgrounds. Check your contract and its general terms before you start a claim or respond to one.

This page is for foreign contractors, subcontractors, suppliers and principals involved in a building project in the Netherlands. You will read when a dispute goes to arbitration, how the RvA procedure works, which deadlines apply to defects, how to get urgent relief and how to appeal or set aside an award. For arbitration in general, see our page on arbitration in the Netherlands.

When does a construction dispute go to arbitration in the Netherlands?

When the parties agreed on arbitration, usually through standard terms. The UAV 2012, the standard terms for public and many private works, provide that all disputes between principal and contractor are decided by arbitration under the arbitration rules of the RvA (UAV 2012, § 49(2)).

An arbitration agreement can be made in the contract itself or by reference to general terms that provide for arbitration, provided the other party accepted them expressly or tacitly (Article 1021 Dutch Code of Civil Procedure). If a party nevertheless starts court proceedings, the court must decline jurisdiction if the other party invokes a valid arbitration agreement before submitting any other defence (Article 1022 DCCP). A defendant that wants arbitration must raise this point first.

Under the UAV 2012, the version of the RvA rules that applies is the one in force three months before the date of tender (§ 49(2)). The current RvA arbitration rules date from 1 August 2021 (RvA Arbitration Rules (1 August 2021)).

What is the Raad van Arbitrage in bouwgeschillen?

The RvA is an independent foundation, set up in 1907, that administers arbitration, binding advice and mediation in construction disputes. Its arbitrators include construction professionals and lawyers, and according to the RvA almost all lawyer-members are judges or former judges (RvA information in English).

The RvA was formerly called Raad van Arbitrage voor de Bouw; contracts and the UAV 2012 still use that name. Hearings are generally held near the building site, so the arbitrators can inspect technical points of the dispute on the spot. An RvA award binds the parties like a court judgment and can be enforced once leave for enforcement has been granted (Article 1062 DCCP).

How do you start arbitration before the RvA?

By submitting the dispute in writing to the RvA secretariat, with a description of the dispute and the claim. The chair then asks the claimant to pay a deposit as security for the costs of the arbitration (RvA Arbitration Rules 2021).

Check the arbitration clause and the version of the RvA rules that applies.
Send the other party a written notice of default or claim, if the contract requires it, and preserve evidence of the defects or extra work.
Submit the claim to the RvA with the contract, correspondence and a calculation of the claim.
Pay the deposit by the date the chair sets.
Exchange written statements (memories); the defendant can include a counterclaim in its statement of defence.
Attend the oral hearing, often near the building site.

The proceedings are conducted in Dutch, unless the parties expressly agree on another language and the tribunal agrees (RvA Arbitration Rules 2021). For a foreign contractor, agreeing on English early saves translation costs and delay.

How many arbitrators decide a construction dispute?

Under the RvA rules, a claim for payment of EUR 100,000 or less is decided by one arbitrator, and a larger money claim by three arbitrators, unless the chair or the parties decide otherwise (RvA Arbitration Rules 2021, Article 3(8) and (9)).

For claims that are not, or not only, about money, the chair decides whether one or three arbitrators will hear the case, taking the parties’ joint preference into account as far as possible. A three-member tribunal usually combines construction knowledge and legal knowledge, so technical questions can often be assessed within the tribunal itself. Under Dutch arbitration law, a tribunal always consists of an odd number of arbitrators (Article 1026(1) DCCP).

How does the tribunal deal with technical questions?

The arbitrators can rely on their own construction knowledge, inspect the site and, unless the parties agreed otherwise, appoint one or more independent technical advisers (Article 1042 DCCP). The parties may comment on the advice and ask for a hearing of the adviser.

The tribunal is free to decide on the taking and weighing of evidence, unless the parties agreed otherwise (Article 1039(1) DCCP). Good evidence from the start of the dispute therefore matters: site reports, photographs, delivery reports (opleveringsrapporten), meeting minutes and correspondence on extra work.

Is your company facing a defect claim, a dispute about extra work or a final account dispute on a Dutch project? Ask a Dutch construction lawyer to assess the claim and the deadlines before you respond.

Which deadlines apply to construction defects?

A claim for a defect in completed work expires two years after the principal protested about it, and in any case twenty years after delivery of a building, or ten years for other works (Article 7:761(1) and (2) Dutch Civil Code).

The principal must protest within a reasonable time after it discovered, or should reasonably have discovered, the defect (Article 6:89). If the contractor announces that it will investigate or repair the defect, a period that would expire in the meantime is extended (Article 7:761(3)). Under the UAV 2012, a contractor that disputes the principal’s final decision on the final account must start the dispute within six months after the principal has drawn its attention to this deadline by registered letter; otherwise claims beyond the final account are inadmissible, unless they arise from a circumstance that only appeared later (§ 49(3)). Starting arbitration also interrupts limitation (Article 3:316 DCC).

Can you get urgent relief in a construction dispute?

Yes. The RvA rules allow urgent disputes (spoedgeschillen), such as requests for provisional measures, a record of the condition of the works and tender disputes, to be heard quickly with the chair’s permission (RvA Arbitration Rules 2021, Article 14).

Dutch law allows an arbitral tribunal to grant provisional relief (Article 1043b DCCP). An arbitration agreement does not prevent a party from asking the court in summary proceedings for an urgent measure (Article 1022a DCCP). If the other party invokes the arbitration agreement, however, the court is competent only if the measure cannot be obtained in arbitration, or not in time (Article 1022c). Attachments (beslag) to secure a claim remain a matter for the court, because an arbitral tribunal cannot order them (Article 1043b(1)).

Can you appeal an RvA award?

Yes. Under the RvA rules, each party can in principle appeal a first-instance award to an appeal tribunal of three arbitrators, within three months of the date of the written award (RvA Arbitration Rules 2021, Articles 22 and 23). For awards in certain urgent disputes the appeal deadline is one month.

Appeal is excluded if the award, had it been given by a court, would not have been open to appeal, and binding advice cannot be appealed. Arbitral appeal is only possible because the parties agreed to it, which they do by choosing the RvA rules (Article 1061b DCCP).

How is an RvA award enforced or set aside?

To enforce an award in the Netherlands, the winning party asks the preliminary relief judge of the district court where the arbitration had its seat for leave for enforcement (Article 1062 DCCP). The judge refuses leave only on limited grounds after a summary review (Article 1063).

A party that wants to set aside a final award must bring a claim before the court of appeal within three months of the date the award was sent (Article 1064a(2) DCCP). The grounds are limited, for example the lack of a valid arbitration agreement, an incorrectly composed tribunal, or a violation of public policy (Article 1065(1)). The court does not review the merits of the construction dispute again.

What determines the costs of construction arbitration?

The costs of an RvA arbitration depend on the amount of the claim, the number of arbitrators and the length of the proceedings. The RvA asks for a deposit when a dispute is brought; the deposit and the costs depend on the principal amount of the claim (RvA information in English).

Add your own legal and technical support. Ask for an estimate at the start and compare the cost of arbitration with the amount at stake. The RvA also offers mediation and fast-track procedures, which can be quicker than full arbitration.

Practical example: a Belgian installer and a Dutch main contractor

Suppose a Belgian installation company worked as a subcontractor on a Dutch office building. The main contractor withheld EUR 180,000, claiming defects in the climate installation. The subcontract refers to the UAV 2012.

The installer starts arbitration before the RvA for payment. Because the claim exceeds EUR 100,000, three arbitrators will in principle decide the case, including a construction professional. The main contractor files a counterclaim for repair costs. The tribunal inspects the building and appoints a technical adviser on the cause of the defects. Within three months after the award, either party can bring an appeal under the RvA rules.

When should you involve a Dutch lawyer?

As soon as a dispute arises on a Dutch project, and in any case before you start arbitration, receive a final account decision or protest a defect.

MAAK Advocaten in Amsterdam acts for foreign and Dutch contractors, subcontractors, suppliers and principals in construction disputes before the RvA, the NAI and the Dutch courts. We also draft arbitration clauses for construction contracts; see our page on arbitration clauses under Dutch law and our arbitration law firm page.

Frequently asked questions about construction arbitration in the Netherlands

Do I have to go to arbitration if my contract refers to the UAV 2012?

In principle yes. The UAV 2012 send disputes between principal and contractor to arbitration under the RvA rules (§ 49(2)). A court must decline jurisdiction if the other party invokes this before any other defence (Article 1022 DCCP).

How many arbitrators will decide my construction dispute?

Under the RvA Arbitration Rules 2021, one arbitrator for money claims of EUR 100,000 or less and three for larger money claims, unless the chair or the parties decide otherwise.

Can I appeal an arbitral award of the RvA?

Yes, in principle within three months of the written award, to an appeal tribunal of three arbitrators (RvA rules, Articles 22 and 23). For certain urgent disputes the deadline is one month.

How long do I have to claim for construction defects?

Two years after you protested about the defect, and at the latest twenty years after delivery of a building (Article 7:761 Dutch Civil Code). Protest within a reasonable time after you discovered, or should have discovered, the defect (Article 6:89).

Can I still go to the court for urgent measures?

Yes, but if the other party invokes the arbitration agreement, the court is only competent if the measure cannot be obtained in arbitration in time (Articles 1022a and 1022c DCCP). The RvA also handles urgent disputes.