For entrepreneurs who want to settle their business dispute outside of government courts — quickly, confidentially, and expertly.
Arbitration is a form of dispute resolution in which not a state judge, but one or more arbitrators decide your case. It is confidential, often faster, and your arbitrator may be specialized in the field. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur — from drafting a watertight arbitration clause to conducting the proceedings and enforcing or challenging the award.
Lawyers and in-house counsel for arbitration in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Key themes: arbitration clause, NAI procedure, arbitral award, and annulment.Practical specialist legal assistance for entrepreneurs.
Specialist arbitration advice from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in Arbitration
Arbitration is a form of dispute resolution in which not a state judge, but one or more arbitrators decide your case. It is confidential, often faster, and your arbitrator may be specialized in the field. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur — from drafting a watertight arbitration clause to conducting the proceedings and enforcing or challenging the award.
Arbitrators
Arbitrators decide your dispute outside of the state courts. The correct selection, review, and potential recusal of arbitrators determine the quality of the outcome. Our lawyers and in-house counsel guide you through this process, from international corporations to the baker on the corner.
An arbitration clause determines whether, how, and where your dispute is settled outside of a state court. We draft, review, or contest it — from international corporations to the baker on the corner.
Binding advice is a form of settlement agreement (Article 7:900 et seq. of the Dutch Civil Code) and an accessible alternative to arbitration. Our lawyers and in-house counsel guide the proceedings, safeguard the right to be heard and to respond, and ensure that the advice holds up later.
A conflict regarding your franchise relationship? We resolve franchise disputes via arbitration or the courts, with keen insight into the Franchise Act. From international corporations to the independent entrepreneur on the corner.
The ICC International Court of Arbitration is the leading institution for international dispute resolution. Our lawyers and in-house counsel assist you at every stage of an ICC arbitration, from clause to award. From international corporations to the entrepreneur around the corner.
A dispute regarding warranties, indemnities, an earn-out, or a breach of disclosure obligation? We resolve acquisition disputes confidentially and purposefully, via arbitration, binding advice, or the courts. From international corporations to the baker on the corner.
Arbitration proceedings require strong legal substantiation and rigorous evidence. Our lawyers and in-house counsel assist you throughout the entire process, from the arbitration clause to the enforcement of the award. From international corporations to the baker on the corner: we tailor our efforts to your specific case.
In sectors such as construction, transport, international trade, and sports, arbitration is the standard. We assist you with arbitrators and specialists who know your industry inside out.
Our broad range of expertise enables us to assemble a team specifically tailored to the business dispute. In doing so, we take into account local and international laws and regulations, language requirements, and necessary specific knowledge. Our clients find that we consistently incorporate their business interests into our advice throughout the entire arbitration process.
Arbitration is a form of dispute resolution in which you do not submit your conflict to a state court, but instead have it decided by one or more arbitrators whom you (partially) choose yourself. The procedure is confidential, often faster, and the arbitrator may be a subject matter specialist in your industry. The rules are set out in Book Four of the Code of Civil Procedure (the Arbitration Act, modernized since 2015), supplemented by the regulations of an arbitration institute such as the Netherlands Arbitration Institute (NAI).
Our lawyers and in-house counsel assist both international corporations and the local entrepreneur — from drafting an arbitration clause to ongoing proceedings or a judgment you wish to enforce or challenge.
The arbitration agreement and the arbitration clause
Arbitration is only possible if the parties have agreed to it. This agreement is called the arbitration agreement (Article 1020 of the Dutch Code of Civil Procedure) and is usually included as an arbitration clause in a contract or in the general terms and conditions. The agreement is proven by a written document (Article 1021 of the Dutch Code of Civil Procedure). A well-drafted clause regulates, among other things, the institution or ad hoc form, the place of arbitration, the language, the number of arbitrators, and the applicable law. An unclear clause leads to costly disputes regarding jurisdiction later on; therefore, we review your clause in advance and draft it in a watertight manner.
The arbitration procedure
The arbitral tribunal consists of an odd number of arbitrators (Article 1026 of the Dutch Code of Civil Procedure) who are appointed by or on behalf of the parties (Article 1027 of the Dutch Code of Civil Procedure). In principle, the arbitral tribunal determines its own jurisdiction (Article 1052 of the Dutch Code of Civil Procedure). The procedure involves written documents, an oral hearing, and, if necessary, witnesses and experts. We draft the procedural documents, determine the evidentiary strategy, and represent you during the hearing — at the NAI, ad hoc, or at an international institute.
The arbitral award and enforcement
The arbitrators decide the dispute in an arbitral award (Article 1057 of the Dutch Code of Civil Procedure). A final award acquires the force of res judicata: it binds the parties just like a judicial judgment (Article 1059 of the Dutch Code of Civil Procedure). In principle, permission (an exequatur) from the preliminary relief judge is required to execute it in the Netherlands (Article 1062 of the Dutch Code of Civil Procedure). We apply for that permission on your behalf, or conversely, conduct a defense when the opposing party wishes to enforce a judgment against you.
Annulment and revocation of an arbitral award
As a general rule, there is no right of appeal against an arbitral award. However, you can have an award set aside by the Court of Appeal, but only on the exhaustive grounds of Article 1065 of the Dutch Code of Civil Procedure (Rv) — such as the absence of a valid arbitration agreement, an incompetent or incorrectly constituted arbitral tribunal, failure to adhere to the mandate, or a conflict with public order. The claim for set-off must be lodged within three months of the dispatch of the award (Article 1064a Rv). We objectively assess whether set-off has a chance of success before you take that step.
International arbitration and recognition
In cross-border disputes, arbitration is often more attractive than litigating before a foreign state court, because an arbitral award is easier to recognize and enforce worldwide under the New York Convention (1958). An award rendered abroad is recognized and enforceable in the Netherlands pursuant to Articles 1075 and 1076 of the Dutch Code of Civil Procedure (Rv). We advise on choice of forum, applicable law, and cross-border recognition or enforcement.
Arbitration for SMEs and corporations
The top end of the market often focuses solely on large, international disputes in arbitration. We do not: our mixed team of lawyers and in-house counsel assists both international corporations and the baker around the corner. We clearly explain the costs and benefits of arbitration upfront, and opt for arbitration only when it is truly the smartest option in your situation — accessible and practical, yet legally sharp.
Arbitration or the ordinary courts?
Arbitration is not always the answer. Sometimes a state court or an amicable settlement is better. If your dispute involves more than just the question of how it will be settled, please also visit our litigation and disputes page . And if you wish to properly establish arbitration in advance, it starts with a strong contract: we include an appropriate arbitration clause in our cooperation agreement
What we help with
From drafting a watertight arbitration clause to conducting the proceedings and enforcing or challenging the award — our lawyers and legal experts support you at every stage.
Drafting and reviewing arbitration clauses and arbitration agreements (Article 1020 of the Dutch Code of Civil Procedure)
Advice on choice of forum: NAI, ad hoc or an international institute
Appointment and recusal of arbitrators (Article 1027 of the Dutch Code of Civil Procedure)
Litigation: pleadings, evidence, witnesses, and the oral hearing
Applying for an exequatur for enforcement (Article 1062 of the Dutch Code of Civil Procedure)
Annulment or revocation of an arbitral award (Articles 1064a and 1065 of the Dutch Code of Civil Procedure)
Recognition and enforcement of foreign judgments under the New York Convention (Articles 1075 and 1076 of the Dutch Code of Civil Procedure)
Advice on the choice between arbitration, a state court, or a settlement
When do you engage this team?
Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You are entering into a contract with an arbitration clause and want it to be watertight
In arbitration, your arbitration agreement and the chosen route determine the outcome. Before we submit a request or initiate proceedings, we map out your contract, the arbitration clause, the applicable rules, and the facts. This allows us to choose the approach—proceedings at the NAI, ad hoc, enforcement, or a settlement—that best serves your interests, rather than the first step that comes to mind.
Our approach
From question to solution in four steps.
1
Intake
We discuss your dispute and your goal, and review the contract and the arbitration clause.
2
Analysis
We assess the validity and scope of the clause against the Arbitration Act and the Rules of Procedure, and map out the opportunities and risks.
3
Strategy
We choose the route — arbitration, state court, or settlement — and the involvement of a lawyer or legal expert.
4
Execution
We handle: from drafting documents and litigation to exequatur or annulment proceedings.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Arbitration
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
Our team of corporate counsel and lawyers provides support in a wide variety of disputes. We possess the in-house experience and decisiveness to work in a targeted and efficient manner. We understand both the legal world and the entrepreneurial spirit, enabling us to effectively switch gears. Clear and understandable language is paramount in this regard.
Frequently asked questions about arbitration
The questions entrepreneurs ask us most often.
What is the difference between arbitration and a regular court?
In arbitration, the decision is not made by a state court but by one or more arbitrators chosen by the parties. The procedure is confidential, often faster, and the arbitrator may be a specialist in their field. An arbitral award is binding (Article 1059 of the Dutch Code of Civil Procedure), but as a rule, there is no possibility of appeal. Whether arbitration is the sensible choice for you depends on the dispute and the contract.
Is arbitration possible without a prior agreement?
No. Arbitration is only possible if the parties have agreed to it, usually via an arbitration clause in the contract or the general terms and conditions (Article 1020 of the Dutch Code of Civil Procedure). This agreement is proven by a written document (Article 1021 of the Dutch Code of Civil Procedure). If such an agreement is lacking, you remain with the ordinary courts — although you can still agree to arbitration together.
Can I still do anything against an arbitral award?
As a rule, an appeal is excluded. However, you may request the Court of Appeal to annul the decision, but only on the exhaustive grounds of Article 1065 of the Dutch Code of Civil Procedure (Rv), such as the absence of a valid arbitration agreement or a violation of public order. This must be done within three months of the dispatch of the judgment (Article 1064a Rv). We assess in advance whether such a step has a chance of success.
How do I enforce an arbitral award?
An arbitral award has the force of res judicata (Article 1059 of the Dutch Code of Civil Procedure), but in principle, permission (an exequatur) from the preliminary relief judge is required to execute it (Article 1062 of the Dutch Code of Civil Procedure). A foreign award is recognized and enforceable in the Netherlands via the New York Convention and Articles 1075 and 1076 of the Dutch Code of Civil Procedure. We will apply for this permission on your behalf.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting an arbitration clause, and negotiations, an in-house counsel is often sufficient. For proceedings before a state court — such as annulment proceedings at the Court of Appeal — a lawyer is mandatory. We have both in-house and determine together with you what is most suitable.
Is arbitration also something for small business owners?
Yes. We help both international corporations and the entrepreneur around the corner. Especially for SMEs, we make it clear in advance what arbitration costs and yields, so that you only opt for arbitration when it is truly the smartest choice in your situation.
Discuss your situation with an arbitration specialist.Our arbitration lawyers and legal experts help both large companies and small business owners—from corporations to the baker on the corner. Schedule a meeting and know where you stand within a single conversation.
