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Litigation Attorneys in Holland

Litigation Attorneys in Holland

Updated on Monday 09th May 2016

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What are the types of Courts in the Netherlands?

The Dutch judicial system is formed of Rechtbank (the court of the first instance) and Gerechtshof (a higher court for appeal).

The highest instance in the Dutch justice is the Supreme Court also known as Hoge Raad der Nederlanden, being situated in Hague.

Was established in 1838 and it is formed by 41 judges, named for life and three chambers, each one responsible for different cases.

The Dutch Court of Appeals has five jurisdictions: Gravenhage, Hertogenbosch, Amsterdam, Arnhem, Leeuwarden.

The 19 Dutch district’s judicial cases are ruled by individual District Courts (Rechtbank). Each court is divided into at least three sub districts, responsible for various civil, criminal, administrative cases.

The Court of Audit (Rekenkamer) is formed by a president and two councils named for life by a Royal Decree.

Netherlands has also two special tribunals: The Central Appeals Tribunal (Centrale Raad van Beroep) and The Trade and Industry Appeals Tribunal (College van Beroep voor het Bedrijfsleven).


What are the responsibilities of the Courts in Netherlands?

The main cases the Dutch Supreme Court is ruling are the criminal, civil and tax-related cases. Civil cases are ruled by the first chamber of the Supreme Court, criminal cases by the second one and tax related cases by the third one. Also if there are reasons to question the decisions taken by the lower courts, than it has the power to invalidate decisions made by it. The Cassation is the most significant responsibility the Supreme Court has. The purpose of cassation is to ensure legal protection, to guide the law development and to keep legal homogeneity.

The Supreme Court has also the power to dismiss the unsuitable judges but only at the General Procurer’s request.

The Court of Appeals in Holland is mainly ruling the appeals of the civil and criminal cases already closed by the District Courts. Its decisions may also be contested and appealed at the Dutch Supreme Court.

The Dutch District Courts regulates administrative, criminal, civil lawsuits and its decisions may be appealed at the Court of Appeals. The 61 sub districts handle cases according to their destination.

The Kanton handles issues with a total amount bellow 5,000 Euros, rents and hiring and may also regulate only minor felony.

The civil and family law district handles lawsuits concerning litigation between individuals or organizations that might have as a result compensation for the victim. Most of the times, the decisions are taken by a single judge but in important cases, a board of three judges may be appointed.

The administrative law district handles cases regarding the way a prosecutor can appeal the government ruling.

The criminal law district is dealing with accusation and punishment of criminal acts. A judge is taking the decision and in more complex cases a number of three judges may be appointed.

The Rekenkamer is an independent instrument that audits the government expenses.

The Central Appeals Tribunal based in Utrecht is the highest authority in lawsuits regarding the civil service and social security.

The Trade and Industry Appeals Tribunal based in Hague, mediates special cases from social-economic administrative law area.

 

What are the responsibilities of the Arbitrary Court in Holland?

The Arbitrary Court’s processes in the Netherlands are covered by the 1986 Arbitration Act.

Dutch Arbitration is a much faster process and with much lower costs method in resolving maritime, securities and constructions industries disputes. Instead of a judge, a third neutral party is appointed to solve the issues between the plaintiff and defendant.

There are two kinds of arbitration: Ad hoc arbitration (where the involved parties must choose their own arbitrator, whose responsibility is to apply the administrative procedures) and the institutional arbitration (managed by an arbitration provider of international arbitrations).

The Permanent Court of Arbitration was established in the first instance in 1899 as a result of the Hague Peace Conference and it is an international organization formed by 115 countries.

It is based in Hague at the Peace Palace where the lawsuits involving private entities, state organs, and governmental organizations and international commercial arbitration are heard.

There are two official languages in PCA: English and French.

How long does Litigation in Holland take?

The lawsuits in Holland have a duration that depends on the complexity of the case. In some cases, the litigation can be solved during one single year but there are cases that were extended over several years. If an appeal is raised, the duration of the dispute resolution increases.

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