Legal assistance arbitration

What we do

In arbitration proceedings, it is not mandatory to engage legal representation. However, in practice, we observe that the likelihood of a successful outcome is significantly higher when litigating with professional legal experts. Generally, the litigation costs of arbitration proceedings are lower than those of a standard lawsuit, even when opting for legal assistance.

Our experienced lawyers and legal experts are available at reasonable rates. We have the experience and expertise to assume various roles during an arbitration case: from arbitrator to advisor. Contact us to discuss the possibilities.

When legal assistance in arbitration is advisable

In arbitration proceedings, legal representation is not mandatory: you may conduct your case yourself or be assisted by an advisor of your choice. Nevertheless, professional legal assistance is often decisive. An arbitration dispute revolves around the same substantive and formal requirements as judicial proceedings, but before a panel of experts that rigorously scrutinizes your claims. Our lawyers and in-house counsel substantiate your position, safeguard the burden of proof, and translate technical points of dispute into a legally convincing argument. Whether you are an international group with a complex construction or acquisition dispute, or the entrepreneur around the corner with a one-off conflict, we tailor our efforts to the specific case.

Moreover, legal assistance does not begin only in the courtroom. We already advise on the arbitration clause in your contract, on the selection and appointment of the arbitrators , and on the strategy with which you enter the arbitration process.

Arbitration versus the ordinary court

Pursuant to Article 1020 of the Dutch Code of Civil Procedure, parties may submit disputes to arbitration by agreement. In doing so, you consciously choose a panel of experts rather than a state court. The advantages are confidentiality, speed, and specialized knowledge; in a large proportion of cases, a ruling is issued within a year. The disadvantage is that you pay the arbitrators yourself, which can cause costs to mount in the event of lengthy proceedings.

Not every dispute is suitable for arbitration. It must concern rights that the parties can freely dispose of; matters such as divorce are not suitable for this. We will assess for you whether arbitration is the wisest course of action in your situation and how it compares to going to the ordinary courts. This page is part of our Arbitration.

Our role during the procedure

You appoint the arbitrators in the manner agreed upon by the parties (Article 1027 of the Code of Civil Procedure). We guide you through the entire procedure: drafting the statement of claim or defense, gathering and presenting evidence, hearing witnesses, and the oral arguments. Unlike a state court, an arbitral tribunal generally does not conduct its own investigation; the party making a claim must also prove it. Precisely for this reason, a well-structured case file is of great importance.

Our mixed teams of lawyers and in-house counsel can also fulfill other roles, ranging from providing advice behind the scenes to acting as arbitrators. This ensures that the assistance always aligns with the nature and scope of your case.

Litigation costs and cost order

A frequently heard concern is the cost. The procedural costs of arbitration are often lower than those of a regular lawsuit, even with legal assistance. Moreover, it is important that the arbitral tribunal can order the losing party to reimburse the arbitration costs and the legal assistance costs of the opposing party. At some arbitration institutions, this reimbursement is calculated according to a points system with fixed amounts. We map out in advance what costs you can expect and what portion you might be reimbursed in the event of a win.

From judgment to execution: enforcement and annulment

An arbitral award is binding, but permission is required for its forced execution in the Netherlands. Pursuant to Article 1062 of the Dutch Code of Civil Procedure, the preliminary relief judge of the court grants this permission for execution (the exequatur). Only then can you have the award executed by a bailiff. You can read more about this on our page on the enforcement of arbitral awards.

There is no ordinary appeal against an arbitral award. Annulment is only possible on the limited, primarily formal grounds of Article 1065 of the Code of Civil Procedure, for example if a valid arbitration agreement is lacking or if the panel has failed to adhere to its mandate. We assess whether such annulment proceedings have a chance of success and conduct those proceedings before the court.

Frequently asked questions about legal assistance in arbitration

Is a lawyer mandatory in arbitration?
No. There is no mandatory legal representation in arbitration proceedings; you may be assisted by an advisor of your choice. In practice, expert assistance significantly increases the chance of a favorable outcome.

Can I recover the costs of my legal assistance?
Yes, you can. The arbitration panel can order the losing party to reimburse the arbitration costs and the legal assistance costs of the winning party.

Can I appeal against an arbitral award?
There is no ordinary appeal. However, under the strict conditions of Article 1065 of the Code of Civil Procedure, you may request the court to set aside the award.

Who do you work for?
From an international corporation to the baker on the corner. Our mixed teams of lawyers and in-house counsel tailor their efforts to the complexity and importance of your case.