This book offers the ideal way for a foreign lawyer to get in touch with
litigation practice and procedure in the Netherlands. Whether a lawyer comes
to Dutch litigation in the normal course of business, or whether the brief and
inexpensive kort geding (preliminary relief proceedings) is the main
attraction, this concise guide provides a solid understanding of the practical
implications of Dutch litigation. This is the indispensable tool for
meaningful exchanges with your Dutch litigation counsel, prior or during any
The authors are seasoned practitioners, experienced in representing
international clients in the Dutch legal arena. Expertly they cover the three
types of dispute resolution practiced under Dutch law:
litigation in the civil courts, including corporate litigation in the
Enterprise Court, as well as recent changes to the Code of Civil Procedure and
discussion of likely trends arising from new and pending legislative proposals;
arbitration, including discussion of mediation and expert determination; and
administrative litigation, including admissibility, administrative review,
jurisdiction, preliminary relief, and judicial review in the civil courts.
Litigation in the Netherlands will prove a practical and comprehensive
guide for all foreign lawyers, businesses and individuals involved in
commercial litigation in the Netherlands, as well as a handy reference for
Dutch lawyers who wish to advise their English-speaking clients on Dutch
I Civil Procedure 1. Introduction 2. Differences between
Netherlands and common law 3. Court system, parties, sources of law and
fair trial 4. Jurisdiction 5. Evidence 6. The proceedings
7. Corporate litigation in the Enterprise Court 8. Derivative
actions, class actions and class settlements 9. Provisional Remedies
10. Enforcement and recognition of judgments
II Arbitration 1.
Introduction 2. Arbitration agreement 3. Arbitration
proceedings under the Arbitration Act 4. Arbitral award 5.
Arbitration outside the Netherlands 6. Arbitration under the NAI
Arbitration Rules 7. Expert determination 8. Mediation
III Administrative Litigation 1.
General Introduction 2. The system of Dutch administrative litigation
3. Administrative review and other pre-proceedings 4. Judicial
review by the administrative courts: appeal and higher appeal 5.
Preliminary relief 6. Judicial review by the civil courts 7.
Complaints proceedings 8. Supervision and enforcement