Netherlands: Litigation, Mediation & Arbitration

Subscribe
Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Disclosure And Discovery: Comparing The Law Of The United States (Common Law System) And The Netherlands (Civil Law System)
The Dutch and American legal systems differ fundamentally in their approach to evidence gathering, with the United States employing an extensive pre-trial discovery process designed to ensure maximum transparency, while the Netherlands relies on a more limited system centered on parties' duty of truthfulness. This comparative analysis explores how these contrasting procedural frameworks shape litigation strategy, witness examination, and the overall conduct of civil proceedings in cross-border disputes.
Netherlands Litigation
BT
Barnes & Thornburg LLP
Article
Amsterdam District Court Publishes Its Draft Preliminary Question To The CJEU Regarding Compatibility Of Rent Adjustment Clauses With EU Law
The Amsterdam District Court has drafted preliminary questions for the CJEU regarding the validity of rent indexation clauses in Dutch residential leases that combine CPI-based increases with additional surcharges. These questions seek to clarify whether such combined mechanisms comply with EU consumer protection law, particularly concerning transparency, foreseeability, and fairness to tenants.
Netherlands Litigation
LL
Loyens & Loeff
See more

Related Country Guides

EF
Enforcement of Foreign Judgments
CA
Class Actions
IA
International Arbitration
LD
Litigation Dispute Resolution

Arbitration & Dispute Resolution

See more

Court Procedure

Article
Amsterdam District Court Renders Interim Judgment In International Anti-SLAPP Dispute
The Amsterdam District Court has issued a significant interim judgment in a cross-border anti-SLAPP dispute between Greenpeace International and a U.S. energy company, examining whether Dutch courts can exercise jurisdiction over alleged strategic litigation initiated in the United States. The ruling addresses critical questions about the retroactive application of the EU Anti-SLAPP Directive, jurisdictional grounds under existing tort law, and the interplay between parallel proceedings in different
Netherlands Environment
JD
Jones Day
See more

Class Actions

See more

Trials & Appeals & Compensation

Article
Confiscation Of Proceeds From Sanctions Breaches Reduced On Appeal
The Hague Court of Appeal has delivered its ruling on an appeal concerning the quantum of confiscation in a 2024 sanctions violation case involving the export of goods to Russian companies. Despite rejecting all defense arguments regarding cost deductions and financial means, the Court unexpectedly reduced the confiscation amount from €298,310 to €250,195 without providing any reasoning or legal basis for the reduction.
Netherlands Criminal
DM
Duane Morris LLP
Article
Dutch Supreme Court: No Legal Redress For Box 3 For Non-Objecting Taxpayers
The Dutch Supreme Court has issued a decisive ruling on the contentious Box 3 tax assessments, determining the fate of taxpayers who failed to timely object to their assessments between 2017 and 2020. This judgment resolves a critical question left open by the landmark Christmas judgment of 2021, establishing whether non-objecting taxpayers can still claim relief. The decision carries significant implications for thousands of Dutch taxpayers who may have missed objection deadlines during this period.
Netherlands Tax
LL
Loyens & Loeff
See more

Latest Videos

See more