International Arbitration in the Netherlands

Published on 20 March 2026 · Last updated 24 October 2026

International arbitration allows parties to have a cross-border dispute decided by arbitrators instead of a court, on the basis of an arbitration agreement (Article 1020 Dutch Code of Civil Procedure). Arbitrations seated in the Netherlands are governed by Book 4 of that Code (Article 1073(1)). The award is binding and can only be challenged on limited grounds. Our Dutch arbitration lawyers explain the key aspects.

International arbitration in the Netherlands distinguishes itself fundamentally from national court procedures. Parties choose their own arbitrators, determine procedural rules and benefit from private proceedings: hearings are not public and awards are not published by the courts. Whether the parties must also keep the arbitration confidential depends on their agreement and the applicable rules. This form of dispute resolution allows no appeal in principle, therefore procedures progress faster than traditional litigation. For Dutch businesses with international trading relationships, this constitutes a strategic advantage.

What is international arbitration according to Dutch legislation?

International arbitration according to Dutch legislation is a binding form of private dispute resolution whereby parties from different countries submit their dispute to one or more independent arbitrators instead of government courts.

The procedure is governed by the Dutch Arbitration Act from 2015, incorporated in Book 4 of the Code of Civil Procedure.

Dutch arbitration law deliberately makes no distinction between domestic and international arbitrations to prevent discussions about qualification. The law applies to all arbitrations seated in the Netherlands, regardless of parties’ nationality. The Netherlands has been party to the New York Convention from 1958 concerning recognition and enforcement of foreign arbitral awards since 1964.

Scope of Application under Dutch Law

The Dutch Arbitration Act applies to arbitrations commenced on or after January 1, 2015. Book 4 of the Code of Civil Procedure consists of two titles: Title One regulates arbitration in the Netherlands, Title Two addresses arbitration outside the Netherlands. Title One is divided into sections covering all aspects of arbitration, from the arbitration agreement to enforcement and setting aside of arbitral awards.

Unlike arbitration legislation in countries such as France, Dutch law does not distinguish between domestic and international procedures. This approach prevents procedural discussions about a dispute’s international nature. Although Dutch law is not directly based on the UNCITRAL Model Law, it shows similarities at certain points, with specific Dutch deviations such as the absence of a default number of arbitrators.

Which arbitration institutions are established in the Netherlands?

The Netherlands hosts three leading international arbitration institutions with dedicated procedural rules and specializations. The Permanent Court of Arbitration was established in 1899 and has its seat at the Peace Palace in The Hague, primarily handling disputes between states and investors.

Consequently, the PCA applies the PCA Arbitration Rules from 2012 and handles prominent investment arbitrations. The Netherlands Arbitration Institute emerged in 1949 and recently updated its rules with the NAI Arbitration Rules 2024. This institution focuses primarily on commercial disputes between businesses within and outside the Netherlands. The revised rules offer parties increased flexibility in structuring their procedure.

Moreover, P.R.I.M.E. Finance was founded in 2012 as a specialized Panel of Recognised International Market Experts in Finance. This institution handles complex financial disputes and recently launched revised arbitration rules responding to developments in the financial sector. These institutions strengthen the Netherlands’ position as an arbitration venue for international disputes.

Yukos Arbitrations and the Role of Dutch Courts

The Yukos arbitrations illustrate the Netherlands’ prominent role in international investment arbitrations. In 2014, three parallel arbitrations resulted in awards favoring three major Yukos shareholders, whereby Russia was ordered to pay approximately USD 50 billion in damages for causing Yukos’s bankruptcy and expropriating claimants’ interests.

Dutch courts played a central role when Russia challenged the awards. The Hague District Court set them aside in 2016 because it found no valid arbitration agreement. The Hague Court of Appeal reversed this decision in February 2020 and reinstated all three awards (ECLI:NL:GHDHA:2020:234). In November 2021, the Supreme Court (Hoge Raad) quashed that judgment and referred the case to the Amsterdam Court of Appeal. It held that Russia’s allegations of fraud could also be raised in timely setting-aside proceedings, not only in revocation proceedings (ECLI:NL:HR:2021:1645). This case shows how Dutch courts supervise international arbitral awards where the seat of arbitration is in the Netherlands.

How does an arbitration agreement work in the Netherlands?

An arbitration agreement under Dutch law is valid when it complies with one of three legal systems: the law chosen by parties, the law of the arbitration’s seat, or in absence of choice of law, the law applicable to the underlying legal relationship. This rule on substantive validity is laid down in Article 10:166 of the Dutch Civil Code.

This provision follows a similar approach as Article 178(2) of the Swiss Private International Law Act. The flexibility prevents arbitration agreements from being declared invalid merely because one legal system is not observed, while another is followed. For entrepreneurs, this means strong protection of their arbitration arrangements.

Formal Requirements for Arbitration Clauses

Under Article 1021 of the Code of Civil Procedure, the arbitration agreement must be proven by a document (geschrift). This is a rule of evidence, not a formal validity requirement. A document that provides for arbitration, or that refers to general terms and conditions containing an arbitration clause, is sufficient if the other party accepted it expressly or tacitly. Electronic data can also serve as proof. Article 1020(5) provides that an arbitration clause in binding articles of association or regulations also qualifies as an arbitration agreement.

Parties enjoy freedom when drafting arbitration clauses. You can designate specific institutions such as ICC or NAI, determine the arbitration seat, establish the number of arbitrators and select procedural rules. A carefully drafted arbitration clause prevents later discussions about jurisdiction and procedure when a dispute arises.

What is the separability principle in Dutch law?

Article 1053 of the Code of Civil Procedure recognizes the separability of the arbitration agreement. This means the arbitration clause stands legally separate from the contract in which it is incorporated.

When a party claims that the underlying contract is void, this does not automatically affect the arbitration clause: its validity is assessed separately. The arbitral tribunal may rule on the existence and validity of the main contract.

The separability principle prevents parties from evading arbitration by contesting the contract’s validity. Arbitrators themselves assess whether the contract is valid and whether they have jurisdiction, without requiring a government court to rule first. This rule strengthens arbitration’s autonomy and promotes efficient dispute resolution.

Competence-Competence Principle in Dutch Jurisdiction

Article 1052(1) codifies the internationally recognized principle of competence-competence. This means the arbitral tribunal has jurisdiction to rule on its own jurisdiction. When a party contests arbitrators’ jurisdiction, the arbitrators can decide this issue themselves without court intervention.

In practice, arbitrators first decide whether a valid arbitration agreement exists before ruling on the merits. A party that appears in the arbitration must object to the lack of a valid arbitration agreement before submitting any other defence, or it loses that objection, unless the objection is that the dispute is not capable of settlement by arbitration (Article 1020(3) and Article 1052(2)). A decision in which the tribunal accepts jurisdiction can only be challenged together with a subsequent full or partial final award, by setting-aside proceedings in the courts (Article 1052(4)). This approach keeps the arbitration moving.

How is an arbitral tribunal composed according to Dutch legislation?

The arbitral tribunal is appointed according to the method agreed between parties pursuant to Article 1027(1) of the Code of Civil Procedure. If parties have not agreed on an appointment method, they jointly appoint the arbitrator(s).

The appointment must take place within three months after the arbitration has commenced, unless the parties agree on a shorter or longer period (Article 1027(2)). If no appointment is made in time, the preliminary relief judge of the district court appoints the missing arbitrator(s) at the request of a party (Article 1027(3)).

Dutch law requires an odd number of arbitrators, which may be one (Article 1026(1)), but prescribes no default number, unlike the UNCITRAL Model Law, which assumes three arbitrators. If parties agree on no number and also reach no agreement about the number, the preliminary relief judge of the district court determines the number of arbitrators according to Article 1026(2). In practice, parties often choose one arbitrator for smaller disputes and three arbitrators for more complex matters.

Appointment Prior to Seat Selection

Article 1073(2) permits arbitrators to be appointed, or challenged, before the seat has been determined. If parties have not determined the seat, arbitrators can be appointed pursuant to Articles 1023-1035a when at least one party has domicile or actual residence in the Netherlands. This practical rule facilitates rapid commencement of arbitration proceedings.

Arbitrators must be independent and impartial. Dutch institutional rules such as the NAI rules contain extensive provisions about challenge and replacement of arbitrators. Parties can require specific qualifications, such as expertise in construction law, energy law or financial services, depending on their dispute’s nature.

What fundamental principles apply to arbitration procedures in the Netherlands?

Article 1036 of the Code of Civil Procedure contains four fundamental procedural principles: the procedure follows party agreements observing mandatory provisions, equal treatment of parties, the right to be heard, and expeditious treatment without unreasonable delay.

Parties enjoy considerable freedom in structuring arbitration procedures. You can make arrangements about the procedure’s language, hearing locations, manner of evidence presentation and deadlines for procedural documents. This flexibility distinguishes arbitration from court procedures with their strict procedural rules. Both parties mutually have the duty to prevent delays.

Confidentiality in Dutch Arbitration

The Dutch Arbitration Act contains no general duty of confidentiality. It only provides that no copies of a deposited award are given to third parties (Article 1058(4)). Hearings are not public, but whether the parties must keep the arbitration confidential depends on three sources: the applicable arbitration rules, explicit agreements between the parties, or a decision by the arbitral tribunal.

For example, the LCIA Rules 2020 make awards and arbitration materials confidential by default (Article 30), while the ICC Rules 2021 contain no default confidentiality; at a party’s request, the tribunal may make confidentiality orders (Article 22(3)). If parties agree on nothing, the arbitral tribunal can decide about confidentiality in a procedural order considering the case’s circumstances. The tribunal can also delineate confidentiality’s scope for written documents, evidence, procedural decisions, hearings and awards.

Which disputes are arbitrable in the Netherlands?

Article 1020(3) of the Code of Civil Procedure determines in general terms that the arbitration agreement may not aim to establish legal effects over which parties cannot freely dispose. The provision does not specify which types of disputes are non-arbitrable.

Due to public policy considerations, disputes in family law such as divorce or guardianship and bankruptcy are typically entrusted to government courts.

Commercial disputes between businesses are almost always arbitrable. This applies to disputes arising from international joint ventures, acquisitions, licensing agreements, management contracts, financing agreements, construction contracts and commercial agreements. Disputes about intellectual property, insurance and reinsurance also fall within the scope of arbitrable subjects.

Investment Arbitrations and State Entities

The Netherlands plays an important role in investment arbitrations between foreign investors and states. The country is party to the ICSID Convention from 1965 that facilitates dispute resolution between states and foreign investors. A Dutch business can only start arbitration against a foreign state if that state has consented to it, usually in an investment treaty or a contract. Typical claims concern expropriation, for example of a refinery, or the withdrawal of permits.

The Netherlands has concluded bilateral investment treaties with various countries. After the Achmea judgment of the European Court of Justice, which determined that investor-state arbitration clauses in bilateral investment treaties between EU member states are incompatible with EU law, the Netherlands together with other EU member states signed an agreement to terminate intra-EU bilateral investment treaties. For disputes with non-EU states, investment arbitration remains available where a treaty or contract in force provides for it.

How do multi-party arbitrations work under Dutch law?

Articles 1045 and 1046 of the Code of Civil Procedure offer procedural mechanisms for multiple parties’ involvement in arbitration proceedings. These provisions enable a more thorough, efficient and cost-conscious resolution of disputes by handling related claims and parties together within the same procedure.

According to Article 1045(1), unless the parties have agreed otherwise, the arbitral tribunal can, at the written request of a third party with an interest in the arbitration, allow that party to join (voegen) or intervene (tussenkomen), provided the same arbitration agreement applies or comes into effect between the parties and the third party. Joinder concerns situations where a third party wants to support an existing party’s position, for example a third shareholder in a joint venture joining one of two other shareholders.

Third Party Intervention and Joinder

Intervention by contrast concerns situations where a third party wants to institute a claim against one or more existing parties. A third party can for example intervene to claim ownership rights to certain goods against one or both parties in an arbitration. Under Article 1045a(1), the arbitral tribunal can, at the written request of a party, allow it to call a third party to the proceedings for indemnity (vrijwaring), provided the same arbitration agreement applies or comes into effect. The tribunal refuses if it is implausible that the third party will have to bear the consequences of an adverse award, or if the third-party proceedings would cause unreasonable or unnecessary delay (Article 1045a(4)).

A contractor held liable by a client can for example call the subcontractor who performed the work. These possibilities prevent the same legal issues from requiring treatment in multiple separate proceedings, saving time and costs for all involved parties.

Consolidation of Arbitration Procedures

Article 1046(1) enables consolidation of arbitrations. If arbitration proceedings are pending in the Netherlands, a party can request that a third person designated by parties order consolidation with other arbitration proceedings pending within or outside the Netherlands, unless parties have agreed otherwise. If no such third person has been designated, the preliminary relief judge of the Amsterdam District Court can be asked to order consolidation, but only with another arbitration pending in the Netherlands (Article 1046(1)).

Consolidation may only be ordered insofar as this causes no unreasonable delay in pending proceedings, also considering the stage they have reached, and the arbitration proceedings are so closely connected that proper administration of justice requires they be handled and decided jointly to avoid the risk of incompatible decisions according to Article 1046(2). A business with multiple disputes about the same project can thus efficiently conduct one joint procedure. Our Dutch litigation and arbitration attorney advises on whether arbitration or court proceedings suit a given dispute.

When does the arbitral tribunal issue its award in the Netherlands?

The Dutch Arbitration Act prescribes no deadline within which the tribunal must issue the final award. Article 1048 of the Code of Civil Procedure leaves determination of the date on which the award is issued to the arbitral tribunal’s exclusive discretion.

The English Arbitration Act 1996 likewise contains no general statutory deadline. Institutional rules often do set time limits. Under the ICC Rules 2021, the final award must be rendered within six months from the signing of the Terms of Reference, although the ICC Court can set a different period or extend it (Article 31(1)). Under the LCIA Rules 2020, the tribunal must endeavour to make its final award no later than three months after the parties’ last submission (Article 15.10).

The absence of a statutory deadline does not mean arbitrations can continue indefinitely. Arbitration institutions apply their own rules and monitor the progress of cases, and the tribunal must prevent unreasonable delay (Article 1036(3)). Parties can also agree on specific deadlines in their arbitration agreement or in consultation with the tribunal during the procedure.

Arbitral Appeal in the Netherlands

Section Three A, Articles 1061a to 1061l of the Code of Civil Procedure regulate arbitral appeal. Arbitral appeal is in principle not permitted in arbitrations, which is one of the important reasons why parties choose arbitration instead of court procedures whereby district court decisions in first instance can usually be challenged at courts of appeal.

Arbitral appeal is only possible if the parties have agreed on it (Article 1061b). That agreement must meet the requirements of Articles 1020 and 1021, so it must be proven by a document. Section Three A contains limited provisions about the actual progress of arbitral appeal procedures, which are left to parties to determine. Parties are free to determine the appeal’s scope and also the composition of the arbitral appellate body.

Arbitral appeal can be brought against a full final award and a last partial final award (Article 1061d(1)) and, unless the parties have agreed otherwise, against other partial final awards (Article 1061d(2)). It must be brought within the period agreed by the parties or, failing that, within three months after the award was sent (Article 1061c). The arbitral appeal results in an appellate arbitral award that confirms or sets aside the first-instance arbitral award. Due to the time, costs and effort for arbitral appeal, parties are generally advised against consenting to this.

What grounds exist for setting aside arbitral awards in Dutch law?

An arbitral award can only be set aside on five grounds (Article 1065(1) of the Code of Civil Procedure): there is no valid arbitration agreement, the tribunal was not composed in accordance with the applicable rules, the tribunal did not comply with its mandate, the award was not signed or reasoned as required, or the award, or the way it was made, is contrary to public policy.

The setting-aside claim must be brought before the court of appeal (gerechtshof) of the district in which the seat of arbitration is located. If the seat is in the Amsterdam district and the parties have expressly agreed, the claim can be brought before the Netherlands Commercial Court of Appeal (Article 1064a(1)). The claim must in principle be brought within three months after the award was sent to the parties. If the award, with leave for enforcement, is served on the other party, that party can still bring the claim within three months of service (Article 1064a(2)). Failure to comply with the mandate only leads to setting aside if it is serious (Article 1065(4)).

Revision of Arbitral Awards

Article 1068(1) contains the exhaustive grounds for revocation (herroeping) of an arbitral award: the award is wholly or partly based on fraud discovered after the award and committed by or with the knowledge of the other party in the arbitration; the award is wholly or partly based on documents that prove to be forged after the award; or a party, after the award, obtains documents that would have influenced the tribunal’s decision and that were withheld through the other party’s doing.

A revocation claim must be brought before the court of appeal of the district of the seat of arbitration, within three months after the fraud or forgery became known or the party obtained the new documents (Article 1068(2)). A setting-aside or revocation claim does not suspend enforcement of the award. However, the court can, at the request of a party and if there are grounds for this, suspend enforcement until a final decision on the claim (Article 1066(1) and (2)).

How is a foreign arbitral award recognized in the Netherlands?

The Netherlands has been party to the New York Convention from 1958 concerning recognition and enforcement of foreign arbitral awards since 1964. This convention considerably facilitates international execution of arbitral awards.

An arbitral award rendered outside the Netherlands can be recognised and enforced in the Netherlands under this convention, on the request of a party to a Dutch court of appeal (Article 1075(1) and (2) of the Code of Civil Procedure). If no treaty applies, Article 1076 sets out the grounds for refusal.

Under Dutch law, the right to enforce a judicial or arbitral award lapses twenty years after the day following the award or, if enforcement depends on conditions outside the control of the party that obtained it, after the day following the fulfilment of those conditions (Article 3:324(1) of the Dutch Civil Code). For amounts payable annually or more frequently under the award, the period is five years (Article 3:324(3)).

Practice Example: Execution in the Netherlands

The following example is illustrative. A Swiss company obtains an arbitral award of €2.4 million against a Dutch trading partner for breach of contract, in an arbitration seated in Zurich. The Dutch party refuses to pay voluntarily and has its assets in the Netherlands.

The Swiss company asks the competent Dutch court of appeal for recognition and enforcement under the New York Convention. If none of the Convention’s grounds for refusal applies, such as a breach of public policy, the court grants leave for enforcement. A bailiff can then attach the Dutch party’s bank accounts and inventory to collect the award, including interest and costs.

What are the advantages of the Netherlands as arbitration seat?

The Netherlands combines modern arbitration law with established arbitration institutions and an internationally oriented legal culture. The 2015 reform brought Dutch arbitration law in line with international best practices.

The law offers parties maximum autonomy in structuring procedures and contains clear rules about multi-party arbitrations that make disputes with multiple involved parties efficient.

Dutch courts apply a restrictive approach when reviewing arbitral awards: the grounds for setting aside are limited (Article 1065). This gives parties a high degree of certainty that their award will stand. Dutch judges are familiar with complex international disputes and possess expertise in diverse legal areas from construction to financial services.

Infrastructure and Accessibility

Amsterdam and The Hague possess excellent infrastructure for international arbitrations. Modern hearing rooms, digital facilities and international accessibility via Schiphol make the Netherlands practically attractive. The presence of the Permanent Court of Arbitration at the Peace Palace strengthens the reputation as neutral venue for disputes involving state interests.

Many Dutch practitioners work in English and are familiar with international arbitration practice as well as Dutch and European law. In international arbitrations in the Netherlands, Dutch lawyers often work with foreign colleagues, either as co-counsel or as local counsel.

What role do witnesses and experts play in arbitration under Dutch law?

Proceedings in international arbitration are strongly influenced by Anglo-Saxon legal culture. Great value attaches to witness statements and hearings. Witnesses typically submit written statements prior to the hearing, after which they are examined during the hearing by parties’ lawyers and the tribunal.

This cross-examination enables parties to test witnesses’ credibility.

Experts likewise play a central role. Parties often appoint their own experts who issue reports about technical issues such as damage scope, construction defects or financial valuations. Tribunals can also use expert conferencing (“hot tubbing”), in which the experts of both parties are heard together at the hearing to reach the core of the disputed points faster.

Evidence Gathering with Dutch Law

Dutch courts can support international arbitrations seated outside the Netherlands. An arbitration agreement providing for arbitration abroad does not prevent a party from asking a Dutch court for preliminary evidence-taking in the Netherlands, such as a provisional witness hearing (Article 1074b), or for the appointment of a delegated judge if a witness living in the Netherlands does not appear voluntarily (Article 1074c). If the other party invokes the arbitration agreement, the court only has jurisdiction if the measure cannot be obtained, or not in time, in the arbitration (Article 1074d).

Additionally, Dutch lawyers prepare legal opinions about questions of Dutch law for international arbitral panels’ information. When Dutch law applies to the underlying agreement but arbitration takes place outside the Netherlands, these legal opinions can help the tribunal correctly apply the applicable law.

How does attachment work in international arbitration?

Attachment in international arbitrations requires specialist knowledge of both arbitration law and enforcement law. During arbitration proceedings, a party can, with leave from the preliminary relief judge, levy conservatory attachment (Article 700) to prevent the opposing party from withdrawing assets from execution.

After the arbitral award follows executory attachment to actually enforce the award and compel payment.

An arbitration agreement does not prevent a party from asking a Dutch court for conservatory attachment (Article 1022a; for arbitrations abroad, Article 1074a). To enforce an award, leave for enforcement (exequatur) is needed first. For an award made in the Netherlands, it is granted by the preliminary relief judge of the district court of the seat (Article 1062(1)); for a foreign award, by the court of appeal (Article 1075). A bailiff can then attach the debtor’s assets in the Netherlands, such as bank accounts, real estate, inventory or claims on third parties.

State Immunity

In arbitrations against sovereign states, the question often arises whether an award can be enforced. In principle, states enjoy immunity from execution for their assets. The 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property reflects the main rule: measures of constraint are only allowed if the state has expressly consented, has allocated or earmarked the property for the claim, or the property is specifically in use or intended for use by the state for other than government non-commercial purposes, is located in the forum state and has a connection with the entity against which the proceedings were directed (Article 19). Diplomatic bank accounts, military property, central bank assets and cultural heritage are not treated as commercial property (Article 21).

In the Netherlands, a bailiff who is instructed to attach assets of a foreign state must notify the Minister for Legal Protection (Minister voor Rechtsbescherming) if the measure may conflict with the international obligations of the Netherlands. The Minister can then notify the bailiff that the measure conflicts with those obligations; the bailiff may then not carry it out, and a measure taken contrary to such a notice is void (Article 3a Court Bailiffs Act, Gerechtsdeurwaarderswet). Whether specific state assets can be attached has been the subject of several Dutch court cases, so careful preparation is essential.

Do you have a cross-border dispute where arbitration is a consideration? Specialized lawyers in Amsterdam analyze your situation and advise about the optimal arbitration strategy, including selection of arbitrators, choice of arbitration institution and procedural tactics to effectively protect your interests.

Which sectors use international arbitration in the Netherlands?

International arbitration finds application in virtually all sectors where cross-border contracts are concluded. Construction disputes form a substantial category, whereby international construction consortia submit disputes about delays, cost overruns or defects in work to arbitrators with construction expertise.

In many large international infrastructure projects, arbitration is agreed.

Energy disputes often concern complex long-term contracts for delivery of oil, gas or electricity, or disputes about exploitation of energy projects. The Energy Charter Treaty, which offers investment protection in the energy sector, has lost much of its relevance for EU investors since the European Union decided in 2024 to withdraw from it (Council Decision (EU) 2024/1638). Financial services know specialized arbitration through institutions such as P.R.I.M.E. Finance for disputes about derivatives, financing and listed products.

Maritime and Aviation Disputes

The shipping and aviation industry has applied arbitration for dispute resolution for decades. Maritime arbitration handles disputes about charter parties, transport contracts, collisions and salvage operations. Aviation cases concern lease contracts for aircraft, maintenance services and air transport agreements. Dutch lawyers possess specific expertise in these sectors thanks to maritime tradition and Schiphol’s presence.

Technology and intellectual property generate increasing arbitration cases about licensing contracts, patent and trademark disputes and software development. Arbitration can offer confidentiality, if the parties agree on it or the applicable rules provide for it, which is especially important in technology disputes to protect trade secrets.

How do arbitration costs relate to court procedures in the Netherlands?

Arbitration costs consist of arbitrators’ fees, institutional costs and lawyer fees. Arbitrators’ fees depend on the institution, the amount in dispute and the complexity of the case; some institutions use hourly rates, others a scale based on the amount in dispute. With three arbitrators, these costs quickly accumulate.

Institutional arbitration at ICC or NAI involves administrative costs that depend on the amount in dispute; check the institution’s current schedule of costs.

Lawyer fees in international arbitrations are often higher than in national court procedures due to preparation intensity, witness examinations and international coordination. Expert costs for technical or financial analyses add to this.

Cost-Effectiveness and Litigation Funding

Despite higher initial costs, arbitration can be more cost-effective than multi-year court procedures with multiple instances. Without appeal, arbitration saves costs of appellate judges and a second lawyer procedure. A court procedure with appeal and cassation can take several years.

Third-party litigation funding gains ground in international arbitrations. Specialized funds finance legal costs in exchange for a percentage of obtained damages. This enables businesses to conduct costly arbitrations without affecting liquidity.

Do you want clarity about feasibility and costs of an international arbitration procedure? Contact our law firm in Amsterdam for a detailed analysis of your dispute, including a realistic cost estimate and strategic process plan suited to your commercial objectives.

Frequently asked questions about international arbitration in the Netherlands

Does an arbitration clause have to be signed to be valid under Dutch law?

No signature is required as such. The arbitration agreement must be proven by a document, such as a contract or a reference to general terms and conditions with an arbitration clause, that the other party accepted expressly or tacitly; electronic data can also serve as proof (Article 1021 Dutch Code of Civil Procedure).

Can I appeal an arbitral award in the Netherlands?

Only to a second arbitral tribunal, and only if the parties have agreed on arbitral appeal (Article 1061b). Otherwise, a final award can only be challenged by setting-aside or revocation proceedings (Article 1064), on the limited grounds of Articles 1065 and 1068.

How long do I have to challenge an arbitral award?

A setting-aside claim must in principle be brought within three months after the award was sent, before the court of appeal of the seat of arbitration (Article 1064a). A revocation claim must be brought within three months after the fraud or forgery became known or the new documents were obtained (Article 1068(2)).

Can I go to a Dutch court for urgent measures despite an arbitration clause?

Yes. An arbitration agreement does not prevent a party from asking a Dutch court for conservatory measures or summary proceedings (Article 1022a; for arbitrations abroad Article 1074a). If the other party invokes the arbitration agreement, the court only has jurisdiction if the measure cannot be obtained, or not in time, in arbitration (Articles 1022c and 1074d).

Which Dutch court enforces a foreign arbitral award?

A request for recognition and enforcement of a foreign award covered by a treaty, such as the New York Convention, is made to a court of appeal (Article 1075). For an award made in the Netherlands, leave for enforcement is granted by the preliminary relief judge of the district court of the seat (Article 1062(1)).