Litigation and Disputes

What is litigation and disputes?

Litigation involves conducting legal proceedings: settling a dispute before a court, in arbitration, or through binding advice. Disputes revolve around the substance of the conflict—an unpaid invoice, a failed collaboration, a non-performance from a supplier, or a conflict between shareholders. Procedural law subsequently determines the rules of the game: time limits, evidence, and access to the appropriate court. The basic principle is clear: whoever asserts must prove.

Our lawyers and in-house counsel assist both international corporations and the baker around the corner. While many firms focus on large, complex cases, we also help entrepreneurs with everyday disputes — concretely, practically, and with the relevant legal articles at hand, so that you know where you stand.

Assess your position first, then litigate

Legal proceedings do not begin with the summons, but with your evidentiary position. Do you have the correct agreements in writing, is the line of fact correct, and can you substantiate your claims? He who asserts must prove, so we first map out your contracts, emails, and correspondence. Often, a well-written letter or negotiation is faster and cheaper than going to court. Only if that fails do we consciously opt for legal proceedings.

Breach of contract, default and notice of default

If your counterparty fails to fulfill an obligation, this constitutes a breach of contract. You can claim damages pursuant to Article 6:74 of the Dutch Civil Code. In many cases, default is required first: you put the other party in default in writing and grant a reasonable period to still perform (Article 6:82 of the Dutch Civil Code). In the case of a fixed deadline or a permanent impossibility, default occurs automatically (Article 6:83 of the Dutch Civil Code). A correct notice of default is often the decisive step; if this is missing, a claim sometimes fails even before the substance of the matter is addressed. We draft these for you — see also our model notice of default.

Dissolution, performance or damages

In the event of a breach, you have a choice. You can enforce performance, dissolve the agreement (Article 6:265 of the Dutch Civil Code), or claim damages—or a combination thereof. In principle, dissolution is possible for any breach, unless it is so minor that it does not justify dissolution. In addition, tort (Article 6:162 of the Dutch Civil Code) often plays a role, for example in the case of breaking off negotiations or profiting from another party's breach of contract. We will determine with you which route best serves your interests.

Swift intervention: summary proceedings and provisional attachment

Sometimes you cannot wait for main proceedings. In summary proceedings (Article 254 of the Dutch Code of Civil Procedure), you ask the preliminary relief judge for an urgent measure, such as performance, payment of an advance, or an injunction. If you want to ensure that there will be something to recover later, you can, with permission from the judge, place a provisional attachment (Article 700 of the Dutch Code of Civil Procedure), for example on a bank account or business assets. This applies pressure and protects your recovery options. Regarding litigation: legal assistance by a lawyer is mandatory in summons proceedings before the district court.

Statute of limitations: don't wait too long

A claim becomes time-barred. For most claims for performance or damages, a limitation period of five years applies (Articles 3:307 and 3:310 of the Dutch Civil Code), with, in principle, a maximum limit of twenty years. You can interrupt the limitation period with a written demand or notice in which you unequivocally reserve your right (Article 3:317 of the Dutch Civil Code). Those who remain inactive for too long sometimes lose a case that is strong in itself. We monitor these deadlines and interrupt them in a timely manner where necessary.

Litigation costs and the risk of litigation

Litigation costs money and time. In principle, the losing party is ordered to pay the legal costs (Article 237 of the Dutch Code of Civil Procedure), but this compensation is usually a fixed fee and rarely covers your full legal fees. We provide insight into the risk beforehand: how strong is your evidence, what is the expected outcome, and what is the sensible course of action—to pursue the matter further, settle via a settlement agreement , or resort to arbitration (Article 1020 of the Dutch Code of Civil Procedure) if your contract requires it. This way, you avoid expensive proceedings based on principle.

Litigation for SMEs and corporations

From an international corporation with a complex contractual claim to the baker on the corner with an unpaid bill — our mixed team of lawyers and in-house counsel thinks along with you at your level. Approachable and practical, yet legally sharp, with the relevant legal articles at hand and a steady path to your goal.

Does it concern the content of the obligation itself?

If your case primarily revolves around the question of whether an obligation exists, how a contract should be interpreted, or whether unlawful conduct has occurred, please also visit our page on the law of obligations. This page focuses on resolving the dispute: the procedure, the evidence, and the strategy. If it concerns the collection of an undisputed claim, our collectionteam will assist you more quickly and cost-effectively.