Should I choose arbitration or court for a Dutch commercial dispute?

Dutch term: Arbitrage of rechtbank? | Legal basis: Rv + arbitration rules

The choice between arbitration and court proceedings for Dutch commercial disputes depends on the nature of the dispute, the parties' relationship, the need for confidentiality, the enforcement context and the cost considerations. Each forum has distinct advantages and drawbacks.

Dutch courts offer relatively fast proceedings (12-18 months at first instance), low court fees, provisional measures (kort geding and conservatoir beslag), and, through the Netherlands Commercial Court, English-language proceedings. Court judgments are enforceable within the EU under Brussels I Recast without exequatur. Arbitration offers confidentiality, party-selected arbitrators, procedural flexibility, and enforcement in 170+ states under the New York Convention. Arbitration is generally more expensive and slower than Dutch court proceedings.

Why it matters for international businesses

For international contracts, the choice should be made deliberately at the drafting stage rather than by default. The wrong choice can add significant cost and delay when a dispute arises.