Litigation in the Netherlands

Our Amsterdam law firm specialises in Dutch civil procedure (procesrecht) and represents organisations in disputes, court proceedings, arbitration and attachment matters. Our litigation specialists act for claimants and defendants throughout the Netherlands, and beyond.

Our experienced litigation lawyers represent your interests in proceedings on the merits (bodemprocedures) before the district court, in summary proceedings (kort geding) before the preliminary relief judge, and in complex international disputes through arbitration, such as at the Netherlands Arbitration Institute (NAI) or the International Chamber of Commerce (ICC).

Commercial conflicts regularly arise from breach of contract (wanprestatie), unpaid invoices or the unlawful termination of continuing agreements. Dutch law sets out the formal course of civil proceedings. Organisations confronted with a dispute benefit from experienced litigation lawyers who bring clarity, structure and strategy to complex situations. Our focus, therefore, is an efficient resolution with as little disruption to your business operations as possible, and the prevention of reputational damage.

What do our Dutch litigation lawyers in Amsterdam do for your organisation?

A litigation lawyer at MAAK guides companies through the entire dispute-resolution process: from preventive advice and negotiations to summons proceedings and the enforcement of judgments. Dutch procedural law covers all rules governing court proceedings, including the manner of litigating, procedural deadlines and the formal requirements for court documents.

The work of our specialised law firm in Amsterdam includes, among other things:

1. Summary proceedings: urgent matters in which the preliminary relief judge grants interim measures within roughly two weeks of a hearing, for example to lift an attachment, to stop a threatened unlawful publication, to enforce a continuing agreement (such as a distribution relationship) or to prevent imminent loss.
2. Proceedings on the merits before the district court and court of appeal: the final resolution of disputes over breach of contract, non-conformity or damages.
3. International arbitration: dispute resolution at institutes such as the ICC, LCIA and NAI for cross-border commercial conflicts.
4. Prejudgment attachment and executory attachment: obtaining security for claims by attaching assets of the counterparty.
5. Appeal: a fresh assessment of a judgment and your case by the court of appeal.

In addition, our litigation lawyers conduct settlement negotiations to avoid a lawsuit and draft settlement agreements (vaststellingsovereenkomsten) once parties reach agreement.

How does a full civil trial (bodemprocedure) work before a Dutch court?

A full civil trial (bodemprocedure) starts with a writ of summons in which the claimant states what it demands, from whom and on what grounds. These proceedings lead to a final decision on the dispute after the written and oral rounds have been completed.

The bailiff serves the writ of summons (dagvaarding) on the defendant. It states when the defendant must appear, before which court and at which location. After the case is brought, a statement of defence (conclusie van antwoord) follows, in which the defendant sets out its defence. The further course involves these steps:

• Oral hearing: a hearing at which both parties are usually present and the court asks further questions.
• Settlement attempts: the court explores whether the parties can reach agreement.
• Second exchange of written submissions: the parties respond in writing to each other’s positions.
• Judgment or interim judgment: the court rules, or gives an order to produce evidence.

A full civil trial takes twelve to eighteen months on average. An appeal against the final judgment is available within three months. In summary proceedings, a shorter appeal term of four weeks applies. The subdistrict court (kanton) handles disputes up to €25,000 and matters such as employment, agency and lease cases. Other civil disputes go to the district court, where representation by a lawyer is mandatory. In summary proceedings a defendant need not be assisted by a lawyer, although in around 90% of cases this is strongly advisable.

When should you choose summary proceedings (kort geding) in the Netherlands?

Summary proceedings (kort geding) offer a solution when you cannot wait for the outcome of a lengthy full trial and there is an urgent interest that justifies swift intervention. The preliminary relief judge can rule within roughly two weeks of the hearing.

Urgent situations in which a summary procedure is appropriate include:

• A threatened executory sale of real estate.
• Lifting a prejudgment attachment.
• A ban on the publication of harmful information.
• An advance on damages where liability is clear.
• Performance of contractual obligations, for example under a continuing agreement such as distribution.

The ruling in summary proceedings is an interim measure. In the full trial, the court may reach a different conclusion, at which point the interim measure lapses.

Practical example: in summary proceedings between two companies kept anonymous, an attachment had been levied. On behalf of the claimant, MAAK argued that the claims were too high and the attachment disproportionate. The preliminary relief judge agreed that the attachment was excessive and reduced the attached amount by a substantial portion, achieving an important success for the client (ECLI:NL:RBAMS:2024:2569).

What role does prejudgment attachment play in Dutch civil procedure?

A prejudgment attachment (conservatoir beslag) is levied before or during proceedings to obtain security for your claim. Executory attachment follows a court judgment and serves the actual recovery of the claim.

Levying a prejudgment attachment begins with a petition to the preliminary relief judge. In it, the lawyer carefully describes the grounds for the attachment and the size of the claim. Once leave is granted, the bailiff levies the attachment. Key points of attention are set out below:

A party subject to attachment can start an execution dispute in summary proceedings to have the attachment lifted. It must then show summarily that the underlying claims are unsound. Alternatively, the party can provide security by means of a bank guarantee, after which the attaching party is obliged to lift the attachment.

Practical example: MAAK acted successfully for a collector of gemstones, on whose behalf a prejudgment attachment was levied. Our litigation lawyers secured a ruling requiring an auction site to provide a bank guarantee of €500,000 (ECLI:NL:RBAMS:2022:5532).

How does international arbitration work for commercial disputes in the Netherlands?

International arbitration offers an alternative to state courts for cross-border disputes. Arbitrators with specific expertise resolve the conflict under previously agreed rules of institutes such as the ICC, LCIA or NAI.

Arbitration arises from an arbitration clause in the contract or from a voluntary choice by the parties after the dispute has arisen. The procedure resembles that before the state court, but offers several advantages:

• Expert arbitrators: parties choose arbitrators with specific sector or legal knowledge.
• Confidentiality: arbitration proceedings are not public.
• International recognition: arbitral awards are enforceable in more than 160 countries under the 1958 New York Convention.
• Flexibility: the parties jointly determine the procedural rules and language.

The costs of arbitration can be higher than before the state court, and the losing party may be ordered to pay all costs. An arbitration clause in general terms and conditions is not always valid; it may be unreasonably onerous and, consequently, voidable. In disputes over the jurisdiction of the Dutch courts, article 25 of the Brussels I bis Regulation plays a central role.

What happens in proceedings before the Netherlands Commercial Court in Amsterdam?

The Netherlands Commercial Court (NCC) is a specialised chamber of the Amsterdam District Court for large international commercial disputes. Proceedings are conducted in English and its judges have specific expertise in complex commercial matters. Parties must agree to this forum together.

The NCC hears cases with a value of at least €25,000 where the parties agree that the proceedings will be conducted in English. This forum suits companies with international trade relationships that need:

• English-language court documents and hearings.
• Judges experienced in international commercial law.
• Faster lead times than regular full trials.
• Digital court documents and efficient case management.

The court fees for NCC proceedings are higher than for regular court proceedings. However, for companies with international disputes, the NCC offers an attractive alternative to arbitration or proceedings abroad.

How do you appeal a judgment before a Dutch Court of Appeal?

An appeal (hoger beroep) means that the court of appeal reassesses the case. You must have a lawyer issue a notice of appeal within three months of the judgment date. For summary-proceedings judgments, a shortened appeal term of four weeks applies. The court of appeal reviews both the facts and the law afresh; its ruling is called an arrest.

Before you lodge an appeal, procedural advice is advisable. In it, the lawyer analyses what went wrong at first instance, whether the evidential position or legal framework can be improved on appeal, what the grounds of appeal are, whether witnesses could support your account, and how the costs relate to the benefits.

Practical example: in a case concerning hand sanitiser, MAAK Advocaten achieved an important victory for its client on appeal. The counterparty refused to take delivery of and pay for 500,000 ordered bottles of hand gel. The ‘s-Hertogenbosch Court of Appeal held that a valid purchase agreement existed and ordered the counterparty to pay over €1.3 million in damages, plus more than €67,000 in legal costs (ECLI:NL:GHSHE:2025:2680).

Practical example: in an appeal over a medical repatriation flight, MAAK Advocaten secured an important result for its client. The counterparty had concluded an agreement of nearly €300,000 for medical transport from Italy to the US, but withdrew at the last moment. The Amsterdam Court of Appeal held that there was no attributable shortcoming, yet upheld a plea of mistake. Application of article 3:53(2) of the Dutch Civil Code (Burgerlijk Wetboek) meant the counterparty still had to compensate the client €250,000 (ECLI:NL:GHAMS:2024:48).

What are the costs of litigation in the Netherlands?

The costs of litigation in the Netherlands depend on several variables, including the complexity of the case and the size of the case file. You need a lawyer to draft the court documents, such as a writ of summons, appeal brief or submission. Lawyers generally work on an hourly rate; at MAAK we also apply, where appropriate, our LAAP approach: Law As A Product.

For 2026, the court registry fees (griffierecht) for civil cases have again been indexed. The rates for different types of case are as follows:

What are common disputes in Dutch civil procedure?

Commercial disputes in the Netherlands often arise from breach of contract (non-performance of delivery obligations or payment terms), non-conformity (delivered products do not meet the agreement), unlawful termination (ending continuing agreements without valid grounds) and unpaid invoices (recovery of outstanding claims).

Practical example: MAAK acted successfully for a client regarding payment of outstanding invoices for legal services. The client refused to pay, arguing the quality of the work was inadequate, but had not complained in time and insufficiently substantiated that defence. The court held the invoices were due and largely allowed the claim, including interest and costs (ECLI:NL:RBAMS:2022:8587); this was upheld on appeal (ECLI:NL:GHAMS:2023:2475).

Practical example: MAAK successfully assisted a commercial agent with a request to inspect documents in a dispute over the interpretation of an agency agreement (agentuurovereenkomst). Commission was ultimately due, since the agent had made contact and done preparatory work; the principal had to provide the data needed to calculate the compensation (ECLI:NL:RBAMS:2023:689).

How do you prevent a dispute from escalating under Dutch law?

Early legal advice and clear contracts reduce the chance of disputes. When a conflict threatens, settlement negotiations can prevent proceedings. Preventive measures include:

• Clear agreements on paper: unambiguous arrangements on delivery, service, quality, payment and termination.
• General terms and conditions: correctly (and exclusively) declaring your general terms applicable, with sufficient protection in the provisions.
• Documentation: recording agreements and changes in writing.
• Timely action: responding immediately at the first signs of default.

Procedural advice before proceedings gives insight into your evidential position and the feasibility of a claim. Sometimes a preliminary witness examination or expert report is useful to gather evidence before you start a full trial. A second opinion can also be advisable in more complex matters.

In a case on REACH registration costs, MAAK Advocaten successfully defended against claims by a competitor. The Amsterdam District Court held that there was a valid opt-out registration with its own dossier, so no cost-sharing obligation existed. This defence was fully followed in the proceedings on the merits, and the counterparty was ordered to pay the legal costs.

Why choose MAAK Advocaten for litigation in the Netherlands?

Our litigation lawyers bring years of experience in national and international court proceedings. We appear before the courts weekly and know the ropes. We know Dutch procedural law, we understand your position and we act quickly. The approach of our litigation law firm in Amsterdam is characterised by:

• Strategic insight: we analyse your position and the feasibility of your claim in advance.
• Efficient dispute resolution: the aim is always to resolve the dispute as quickly as possible.
• Clear communication: you always know where you stand in the proceedings.
• Proven results: our track record shows successful outcomes in complex cases.

Whether it concerns summary proceedings over an attachment, a full trial over breach of contract or international arbitration over a trade dispute, MAAK Advocaten in Amsterdam is ready to represent your interests. Do you have a legal dispute, or would you like to know whether litigating makes sense in your situation? Contact MAAK Advocaten for a no-obligation conversation about your options. Our litigation lawyers give you clear advice on the feasibility and the strategy that fits your situation.