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.

Legally reviewed by Remko Roosjen, advocaat at MAAK Advocaten, Amsterdam.

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 shortly after the hearing, at a pace the preliminary relief judge sets according to the urgency shown, 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.

Which Dutch procedure fits your dispute?

The table below compares the routes most often used in Dutch commercial disputes. It is a general orientation: which route fits depends on jurisdiction, the type of case and what the parties agreed.

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.

How long a full civil trial takes depends on the court, the complexity of the case and whether evidence has to be produced; no reliable single average applies. The appeal terms, by contrast, are fixed by statute: three months from the date of the judgment, and four weeks for a judgment in summary proceedings (article 339 of the Dutch Code of Civil Procedure). The subdistrict court (kanton) hears claims up to €25,000 including interest accrued to the day of the summons, and hears employment, agency, lease and consumer sale cases whatever their value (article 93 Rv). Other civil disputes go to the district court, where a party cannot act in person and must be represented by an advocate (article 79 Rv). In summary proceedings a defendant need not be assisted by a lawyer, though legal assistance is 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. How quickly a hearing is scheduled, and when judgment follows, is determined by the preliminary relief judge on the basis of the urgency you can demonstrate.

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.

A judgment in summary proceedings is provisional in nature and does not bind the court deciding the proceedings on the merits. A later judgment on the merits may therefore lead to a different outcome, and may affect the continued operation or enforceability of the interim measure.

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 amount for which the attachment could be maintained from approximately €2.09 million to €750,000 (Amsterdam District Court, 2 May 2024 (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, where the attachment was levied for a monetary claim, the party can provide security for that claim. Under article 705(2) of the Dutch Code of Civil Procedure the attachment is lifted where sufficient security has been given, and also where formalities prescribed on penalty of nullity were omitted, where the right invoked by the attaching party summarily appears to be unsound, or where the attachment is unnecessary.

Practical example: MAAK acted for a collector of gemstones who had levied a prejudgment attachment against auction platform Catawiki. The preliminary relief judge ruled that the attachment had to be lifted once Catawiki offered a bank guarantee of €500,000 (Amsterdam District Court, 22 September 2022, 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 the 172 states party to 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 (Regulation (EU) No 1215/2012) 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 can hear a dispute where the Amsterdam District Court or the Amsterdam Court of Appeal has jurisdiction, where the matter is an international civil or commercial dispute that the parties are free to settle between themselves, where the case does not fall within the jurisdiction of the subdistrict court, and where the parties have expressly agreed in writing to conduct the proceedings before the NCC in English. The €25,000 figure is relevant here only because it marks the boundary of subdistrict court jurisdiction; it is not a separate financial threshold for admission to the NCC. The applicable rules are published by the Netherlands Commercial Court. This forum suits companies with international trade relationships that need:

• English-language court documents and hearings.
• Judges experienced in international commercial law.
• Case management aimed at keeping international proceedings on schedule.
• 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 €1,314,269.31 in damages, plus more than €67,000 in legal costs (‘s-Hertogenbosch Court of Appeal, 30 September 2025, ECLI:NL:GHSHE:2025:2680).

Court of appeal example: an air-ambulance operator and its customer disputed a medical repatriation flight from Italy to the United States, agreed at just under €300,000, which the customer cancelled shortly before departure. The Amsterdam Court of Appeal found no attributable failure to perform, but accepted the customer’s reliance on mistake and, applying article 3:53(2) of the Dutch Civil Code (Burgerlijk Wetboek), partially unwound the contract: the operator was ordered to pay the customer €250,000 plus statutory interest (Amsterdam Court of Appeal, 9 January 2024, 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 under the Court Fees in Civil Cases Act (Wet griffierechten burgerlijke zaken). The rates for different types of case are as follows:

Court fee table updated for 2026.

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 counterparty 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 (Amsterdam District Court, 3 February 2022, ECLI:NL:RBAMS:2022:8587); this was upheld on appeal (Amsterdam Court of Appeal, 5 September 2023, 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 commission (Amsterdam District Court, subdistrict division, 10 February 2023, 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?

The litigation and arbitration practice is led by Sander van Someren Gréve, partner at MAAK Advocaten. 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.