Arbitration law firm in the Netherlands
MAAK Advocaten acts as counsel in domestic and international commercial arbitration seated in the Netherlands and abroad. We represent international businesses in arbitration proceedings under NAI, ICC, UNCITRAL and ad hoc rules, advise on arbitration clauses at the drafting stage, and handle the enforcement of Dutch and foreign arbitral awards under the New York Convention.
Arbitration is often the right forum for international commercial disputes. It offers confidentiality, a neutral seat and tribunal, procedural flexibility, and a single enforceable award that can be recognised in more than 170 states under the 1958 New York Convention. For disputes between parties from different jurisdictions, these features frequently outweigh the cost and complexity of the process itself. The question is not whether arbitration is better than court litigation in the abstract. It is whether arbitration fits the specific commercial relationship and the specific dispute. See also our glossary entry on arbitration versus court.
Our arbitration work is concentrated in commercial disputes arising from international contracts: supply and distribution, manufacturing and OEM, technology transfer and licensing, joint ventures, and long-term trading relationships. These are the matters where arbitration tends to deliver real value, and where our commercial background translates directly into effective advocacy before a tribunal.
Arbitration institutions we work with
The Netherlands has a mature arbitration infrastructure. The Netherlands Arbitration Institute (NAI) is the leading domestic institution and administers proceedings both in Dutch and in English. For international commercial disputes, clients and counsel also frequently choose the ICC International Court of Arbitration in Paris, the LCIA in London, the SCC in Stockholm, and UNCITRAL ad hoc arbitration with an appointing authority chosen by the parties.
We act as counsel in proceedings administered by any of these institutions and in ad hoc arbitration, and we advise clients on the choice of institution when a dispute is about to arise or when an arbitration clause is still being drafted. Each institution has its own procedural character, cost profile and appointment practice. The right choice depends on the size and nature of the dispute, the seat, the language of the proceeding, and the practical question of where the other party and its assets are located.
For arbitrations seated in the Netherlands, the Dutch Arbitration Act (Book 4 of the Code of Civil Procedure, articles 1020 to 1076) sets the procedural framework. The Act was modernised in 2015 and is considered arbitration-friendly. Dutch courts apply a narrow standard of review for setting-aside applications, which makes the Netherlands an attractive seat for international arbitration.
Drafting arbitration clauses under Dutch law
Most arbitration disputes are won or lost before they start, in the drafting of the arbitration clause. A clause that is ambiguous about the scope of disputes covered, the seat, the language, the number of arbitrators or the applicable rules creates procedural skirmishes that absorb time and cost before the merits are ever addressed. A well-drafted clause does the opposite: it makes the first phase of any future proceeding administrative rather than contentious.
The questions that matter in a commercial arbitration clause are relatively few but they need to be answered deliberately:
- Scope: which disputes are covered, and what is carved out (for example, injunctive relief, IP enforcement, or claims under specific parts of the contract)
- Institution and rules: NAI, ICC, UNCITRAL, LCIA, SCC, or another body, and the current edition of the rules
- Seat: the legal seat of the arbitration, which determines the curial law and the courts with supervisory jurisdiction
- Place of hearings: can be different from the legal seat if travel or logistics require it
- Language: English in most international commercial disputes involving a Dutch party, but negotiable
- Number of arbitrators: sole arbitrator for smaller disputes, three for larger or more complex matters, and the method of appointment
- Applicable substantive law: Dutch law or another chosen law, distinct from the procedural seat
- Interim relief: whether the parties can apply to state courts for interim measures in addition to the tribunal's powers
- Confidentiality: the degree of confidentiality obligation beyond what the institutional rules impose
- Emergency arbitrator: whether the institutional emergency arbitrator rules apply
We draft and review arbitration clauses as part of our commercial contract practice, and we do not treat them as boilerplate. A ten-line clause that has been written with a view to how disputes will actually play out is worth many pages of commercial terms that do not anticipate the end of the relationship.
Acting as counsel in arbitration in the Netherlands
Representing a client in an arbitration is procedurally different from representing the same client in Dutch court litigation. The written submissions are longer and more argumentative. Witness evidence plays a bigger role and is usually taken under cross-examination at the hearing. Expert evidence is often decisive, and tribunals expect experts to address the merits of the dispute rather than advocate for one side.
Our approach to running an arbitration is built around three practical points. First, the written submissions carry most of the weight. The tribunal forms its view of the case largely from the memorials, and a case that is not well presented in writing will not be rescued at the hearing. We invest accordingly. Second, the client stays involved. An arbitration can take twelve to twenty-four months from filing to final award, and we keep the client in the loop on strategic decisions throughout rather than surfacing only at hearing time. Third, cost management is explicit. Arbitration is expensive compared to Dutch court litigation, and we plan a realistic budget with the client at the outset so that the economics of the dispute remain visible.
Enforcement of arbitral awards in the Netherlands
The practical value of an arbitral award depends on whether and where it can be enforced. The New York Convention provides a streamlined enforcement regime in 170-plus states, but the actual enforcement process still goes through national courts in the place where assets are located.
In the Netherlands, enforcement of a foreign arbitral award requires an exequatur from the District Court under article 1075 of the Dutch Code of Civil Procedure. Grounds for refusal are narrow and mirror article V of the New York Convention. In practice, most foreign awards are recognised within weeks of filing an application. For Dutch-seated awards enforced abroad, we coordinate with local counsel in the relevant jurisdiction and prepare the award and supporting documents to meet local enforcement requirements.
Where enforcement is likely to be contested, the preparation begins well before the award is rendered. Procedural compliance throughout the arbitration, proper tribunal constitution, clean treatment of due-process issues, and a clearly reasoned award all matter when enforcement is ultimately tested in a national court.
When arbitration is the wrong choice
Arbitration is not always the right forum. For small-value commercial disputes, Dutch kort geding or a regular court claim is usually faster and cheaper. For debt collection against a Dutch counterparty, Dutch court proceedings combined with pre-judgment attachment (conservatoir beslag) are normally more effective than an arbitration clause that cannot be invoked to freeze assets quickly. For disputes that need urgent interim relief with real teeth, state courts often have more direct enforcement power than a tribunal or an emergency arbitrator.
When we advise on dispute resolution clauses, we say so. The goal is the mechanism that best serves the commercial interest, not a default preference for arbitration.
Working with MAAK Advocaten
Our arbitration work runs in English, German and Dutch. Clients reach the specialist handling the file directly, fees are agreed in advance as described on our lawyer fees page, and we provide realistic cost estimates for the full proceeding before a client commits to filing. The arbitration practice is led by Sander van Someren Gréve.
If you are facing a dispute that may go to arbitration, drafting or negotiating an arbitration clause, or considering enforcement of an award in the Netherlands, an initial conversation is at no charge. Read more about MAAK Advocaten.
Related terms in our legal dictionary: arbitration clauses, binding advice, arbitration versus court.
Related pages: Litigation in the Netherlands guide, enforcement of arbitral awards, jurisdiction and forum disputes, international contracting, litigation law firm.
Call +31 20 210 31 38, email mail@maakadvocaten.nl, or visit our contact page. MAAK Advocaten is based at Kraanspoor 34, 1033 SE Amsterdam.
Frequently Asked Questions
How long does an international commercial arbitration typically take?
Is a Dutch arbitral award enforceable abroad?
Can we apply to a Dutch court for interim measures while an arbitration is ongoing?
Dutch arbitration lawyer
"International commercial arbitration is a craft. The advocacy is written-heavy, the witness phase matters, the tribunal cares about structure, and the client cares about cost. Getting all four right in one proceeding is what separates a useful arbitration practice from an expensive one.
At MAAK Advocaten we act as counsel in arbitrations under NAI, ICC, UNCITRAL and ad hoc rules, and we draft arbitration clauses at the contract stage so that future disputes start from a clean procedural base. For international clients, the value of a good arbitration lawyer often shows up months before the first award, in the early strategic decisions about forum, counsel and cost.
Clients reach me directly, in English, German or Dutch, and we agree a realistic budget for the full proceeding before any filing goes out."
Contact
Last reviewed: April 15, 2026 by MAAK Advocaten N.V.