Litigation in the Netherlands: A Guide for Foreign Businesses
Litigation in the Netherlands is a relatively fast, predictable and cost-efficient route for resolving commercial disputes, and for international businesses the procedural advantages are often underestimated. A typical first-instance commercial case runs twelve to eighteen months, costs are modest compared to most other Western European jurisdictions, and the combination of pre-judgment attachment and summary proceedings gives creditors unusually strong leverage. For international clients deciding whether to litigate in the Netherlands or somewhere else, understanding how the system actually works is the starting point.
This guide is written for business decision-makers at international companies, not for Dutch lawyers. It explains the Dutch court system, the procedural framework for commercial disputes, the interim tools available to claimants (summary proceedings and pre-judgment attachment), the role of the Netherlands Commercial Court for English-language proceedings, the cost structure, and the enforcement framework for Dutch and foreign judgments. It is intended as the starting point for anyone considering litigation in the Netherlands, or for anyone who has just received a summons from a Dutch counterparty and needs to understand what is coming.
MAAK Advocaten is a commercial litigation firm in Amsterdam that represents international businesses before Dutch courts, including the Netherlands Commercial Court. The litigation practice is led by Sander van Someren Gréve. The practical observations on this page come from our own experience running cross-border commercial litigation for foreign clients. A separate Litigation law firm page explains our practice specifically, and is the natural next read for clients who are choosing counsel rather than researching the system.
The Dutch court system
The Netherlands has a three-tier civil court system: District Courts (rechtbanken) at first instance, Courts of Appeal (gerechtshoven) at second instance, and the Dutch Supreme Court (Hoge Raad) in The Hague for final appeals on points of law. There are eleven District Courts distributed across the country and four Courts of Appeal. Commercial disputes between businesses are normally heard by the District Court of the defendant's place of business or the place of performance of the contract.
Within the District Courts, two divisions are particularly relevant to commercial litigation. The civil chamber (civiele kamer) hears most commercial disputes. The Cantonal Division (kantonsector) handles smaller claims up to 25,000 euro, employment matters, consumer tenancies and a few other specific categories. Representation by a Dutch advocate is mandatory before the civil chamber; before the Cantonal Division it is optional, although commercial parties almost always use counsel.
Appeals to the Court of Appeal are available as of right for judgments above a modest threshold. Appeals on points of law to the Dutch Supreme Court are subject to leave in most cases, and the Supreme Court reviews only legal questions, not factual findings. Getting the facts established correctly at the District Court stage is therefore critical: a weak factual record cannot be repaired in the appellate courts.
The Netherlands Commercial Court
The Netherlands Commercial Court (NCC) is a chamber of the Amsterdam District Court, with an appellate counterpart at the Amsterdam Court of Appeal (NCCA). It was established in 2019 specifically to handle international commercial disputes, it conducts proceedings entirely in English, and it applies modern case management tailored to cross-border commercial matters.
Jurisdiction of the NCC is based on agreement of the parties. The parties must expressly agree in writing that the NCC has jurisdiction, either in the underlying contract or after a dispute has arisen. The matter must have a sufficiently international character and concern a commercial matter within the scope of the NCC rules. For disputes that meet these conditions, the NCC is often the best forum for international parties that would otherwise face the practical overhead of Dutch-language proceedings, certified translations, and the back-and-forth between local counsel and foreign in-house legal teams.
Court fees at the NCC are higher than at the regular Dutch District Courts, reflecting the specialised nature of the court and the size of the disputes it handles. Filing fees start in the range of several thousand euro and scale upwards for larger claims, substantially above the regular Dutch court fees. For disputes where the amount in issue justifies it, the NCC remains cost-competitive with international arbitration and significantly cheaper than litigation in most comparable jurisdictions.
How a commercial case runs at the District Court
Dutch civil procedure is predominantly written, with oral hearings serving to clarify positions rather than to present extensive witness testimony. The procedural structure is set out in the Dutch Code of Civil Procedure and is built around a disciplined exchange of written submissions followed by a hearing and judgment.
The typical sequence is: the claimant files and serves a summons (dagvaarding) that sets out the facts, the legal grounds and the relief sought. The defendant files a written defence (conclusie van antwoord), often several weeks later. The court usually orders a case management hearing (comparitie na antwoord), at which both sides present oral argument, the court asks questions, and the parties may be invited to discuss settlement. In more complex cases, further written submissions (conclusies van repliek en dupliek) and additional hearings can follow. The court then delivers a reasoned judgment, either for the claimant or for the defendant.
Evidence in Dutch proceedings is predominantly documentary. Witness evidence is available but plays a smaller role than in common-law systems, and there is no discovery or disclosure process comparable to US or UK practice. Expert evidence, particularly in technical or financial matters, is often decisive. The duty of candour requires parties to present all relevant facts, including those potentially unfavourable to their position, and the court can draw adverse inferences from a refusal to produce documents that the other party could reasonably expect to see (the exhibit obligation).
Timelines depend on the complexity of the case, the court and the level of contention. For a routine commercial dispute between professional parties, twelve to eighteen months from filing to first-instance judgment is realistic. For complex matters with multiple parties, extensive expert evidence or significant procedural disputes, cases can run two years or longer. Compared to most other Western European jurisdictions, Dutch civil timelines are on the faster side of the scale.
Summary proceedings (kort geding) and pre-judgment attachment
Two Dutch procedural tools deserve special mention because they are the main reason Dutch courts are often the preferred forum for commercial creditors: summary proceedings (kort geding) and pre-judgment attachment (conservatoir beslag).
Summary proceedings are accelerated civil proceedings before a specialised judge (the voorzieningenrechter). They are available when the claimant has an urgent interest that justifies a provisional ruling before the regular merits procedure can deliver a decision. From filing to final ruling, a commercial kort geding usually runs between four and eight weeks. The ruling is provisional rather than final, but in commercial practice most kort geding decisions end the dispute because neither party has an economic incentive to continue after the first judgment. Summary proceedings are effective for undisputed payment claims, urgent injunctions, specific performance orders reinforced by a periodic penalty payment (dwangsom), and many other time-sensitive situations. A full Summary proceedings page explains the procedure and the use cases in detail.
Pre-judgment attachment allows a creditor to freeze a debtor's Dutch assets on short notice, without prior warning to the debtor, on the basis of a relatively light threshold of plausibility. The attachment is typically obtained within one to three working days of filing a request, and can be served on bank accounts at Dutch banks, receivables from third parties, real property, shares in Dutch companies, and movable assets. The attachment secures the underlying claim and frequently brings the debtor to the negotiating table within days. See also our practical guide on how to obtain a pre-judgment attachment. In our practice, the combination of pre-judgment attachment and summary proceedings is the most effective procedural package Dutch law offers for international creditors.
Costs and cost recovery
Dutch civil litigation is relatively affordable compared to most Western European alternatives, and the cost structure has three components: court fees, lawyer fees, and the partial cost recovery at the end of the case.
Court fees (griffierecht) depend on the amount in dispute and the status of the party (company, individual, non-profit). For commercial claims at the District Court level, company fees range from a few hundred euro for small claims up to several thousand euro for claims above 100,000 euro, with further tiers for larger amounts. Court fees are paid at the start of the proceeding and are refundable only in limited circumstances.
Lawyer fees depend on complexity, counsel and billing arrangements. Hourly rates for commercial litigators in the Netherlands vary widely, typically in the range of 200 to 500 euro per hour at mid-market firms, with higher rates at the top end. For a defined commercial case, total lawyer fees at first instance typically run in the range of tens of thousands of euro, with more complex matters reaching six figures. Fixed fees and hybrid arrangements are available and are offered by many commercial firms including MAAK Advocaten. See our lawyer fees page for details on how we charge.
The Dutch system applies a modified "loser pays" principle. The losing party is ordered to pay the winning party's court fees and a standardised contribution to lawyer fees based on official tariffs (liquidatietarief). The standardised contribution covers only part of the actual fees, typically between ten and forty percent depending on the case. Full cost recovery, as in some common-law systems, is available only in exceptional circumstances. The practical consequence is that even successful litigants typically absorb a meaningful share of their own legal costs.
Enforcement of Dutch and foreign judgments
A Dutch judgment is immediately enforceable in the Netherlands once it has been served by a Dutch bailiff (deurwaarder). EU judgments are enforceable in the Netherlands under Brussels I Recast without a separate exequatur procedure. Non-EU judgments generally require a separate recognition procedure, following the framework developed by the Dutch Supreme Court in its Gazprombank line of cases.
For creditors with a Dutch judgment to enforce abroad, the EU framework applies in reverse: enforcement within the EU is streamlined under Brussels I Recast, and enforcement outside the EU depends on the target jurisdiction's recognition rules. For international arbitral awards, the New York Convention provides enforcement in 170-plus contracting states. A detailed Enforcement of judgments page explains the procedural options.
Alternatives to litigation: arbitration and mediation
Litigation is not always the right forum. For disputes where confidentiality, specialised tribunal expertise, or enforceability in multiple jurisdictions is critical, international arbitration is often the better choice. For disputes where the commercial relationship has lasting value and a negotiated outcome is preferable, mediation can resolve matters faster than either litigation or arbitration.
The Netherlands has a mature arbitration infrastructure centred on the Netherlands Arbitration Institute (NAI), and Dutch courts apply a narrow standard of review to arbitral awards, which makes the Netherlands an attractive seat for international arbitration. Our Arbitration page explains the framework and our practice in more detail.
Mediation is regularly used in Dutch commercial disputes and is sometimes ordered or strongly encouraged by the court before or during proceedings. For long-term commercial relationships where both sides want to continue doing business, mediation often produces a workable outcome much faster than litigation would.
Practical recommendations for foreign businesses
For international businesses considering litigation in the Netherlands, a few practical points usually matter more than the technical rules:
- Get local counsel involved early, ideally before any formal notice or summons, to get the procedural sequence right
- Consider pre-judgment attachment as a first step for disputes involving Dutch-based assets, because it changes the commercial dynamic before anything else does
- Assess whether summary proceedings can deliver a result faster than full merits litigation, even if the final decision will require a regular proceeding
- Consider NCC jurisdiction in contracts with international parties, as a way to secure English-language proceedings without sacrificing Dutch procedural efficiency
- Budget realistically for partial cost recovery, not full recovery, even in cases where the client expects to win
- Build the factual record carefully at the District Court stage, because the Supreme Court only reviews legal questions and will not reopen factual findings
For clients who are choosing counsel rather than researching the system, our Litigation law firm page explains how MAAK Advocaten runs commercial litigation for international clients.
Contact MAAK Advocaten
Related terms in our legal dictionary: how to file a court case, timeline of Dutch civil proceedings, preparing for a court hearing (comparitie), obtaining a pre-judgment attachment, default judgment (verstekvonnis).
Related pages: Litigation law firm, breach of contract litigation, summary proceedings (kort geding), debt collection, enforcement of judgments, jurisdiction and forum disputes, arbitration.
If you are considering litigation in the Netherlands, facing a summons from a Dutch counterparty, or just wanting a first assessment of the procedural options, an initial conversation with us is at no charge. The litigation practice is led by Sander van Someren Gréve. 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
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Dutch litigation lawyer
"As a Dutch litigation lawyer based in Amsterdam, I represent international businesses in commercial disputes before Dutch courts, the Netherlands Commercial Court and in arbitration proceedings. Over 15 years of practice have taught me that the best litigation strategy combines rigorous legal analysis with a clear-eyed view of commercial objectives.
Foreign businesses facing a dispute in the Netherlands often navigate unfamiliar procedural rules, language barriers and uncertainty about timelines and costs. My role is to provide clarity from the first consultation onwards: what are the prospects, what does the procedure look like, what will it cost, and how do we enforce a judgment once obtained.
Whether the matter calls for urgent summary proceedings, a pre-judgment attachment, full merits litigation, arbitration or a negotiated settlement, I deliver a strategy that fits your commercial situation."
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Last reviewed: April 15, 2026 by MAAK Advocaten N.V.