Commercial Litigation in the Netherlands
Commercial Litigation in the NetherlandsUpdated on Tuesday 15th March 2016
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Ways of settling commercial litigation in the Netherlands
The Netherlands’ justice system comprises several courts divided according to the cases they handle. The main areas of law in the Dutch court system are:
- - civil;
- - administrative;
- - criminal.
The Netherlands also has other judicial bodies which try cases with respect to specific situations. Among these, commercial disputes can be tried by civil courts or by the Administrative Court for Trade and Industry. However, during the last few years, the Netherlands has also established other ways of setting commercial-related litigation: arbitration and mediation. Both actions are characterized by confidentiality and privacy which is what makes more and more companies choose these options when it comes to commercial litigation.
Also, in 2017 the Netherlands is expected to have its own Commercial Court which will handle international disputes related to commercial transactions.
For more information about the country’s court system you can refer to our Dutch lawyers.
Commercial disputes resolution through arbitration in Netherlands
One of the most employed tools for resolving commercial litigation in the Netherlands is arbitration. The number of Dutch companies settling commercial disputes through arbitration has risen a lot during the last few years, mainly because of the reduced amount of money and time used in this type of proceedings. The Netherlands has its own legislation with respect to this practice: the Arbitration Act which was last amended in 2015 in order to provide a safe legal framework for settling business disputes. Arbitration proceedings are conducted by the Arbitration Institute and the parties involved in the process can request the assistance of Dutch attorneys.
Resolving Dutch commercial litigation through mediation
Another frequently used method of settling commercial disputes is mediation. The Netherlands has enabled a Mediation Institute in 1995 and keeps a record of registered mediators who can take up cases from different area of the law, including commercial litigation. The mediator’s role in a commercial dispute is to help litigating companies reach an agreement. If the litigant parties do not reach an agreement, the mediator will propose a solution.
If you need legal assistance in resolving commercial disputes, do not hesitate to contact our law firm in the Netherlands.