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Litigation in the Netherlands. Civil Procedure, Arbitration and Administrative Litigation - 2nd Edition

By Marieke van Hooijdonk, Peter V. Eijsvoogel


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This book offers the ideal way for a foreign lawyer to get in touch with litigation practice and procedure in the Netherlands. Whether a lawyer comes to Dutch litigation in the normal course of business, or whether the brief and inexpensive kort geding (preliminary relief proceedings) is the main attraction, this concise guide provides a solid understanding of the practical implications of Dutch litigation. This is the indispensable tool for meaningful exchanges with your Dutch litigation counsel, prior or during any lawsuit.

The authors are seasoned practitioners, experienced in representing international clients in the Dutch legal arena. Expertly they cover the three types of dispute resolution practiced under Dutch law:

  • litigation in the civil courts, including corporate litigation in the Enterprise Court, as well as recent changes to the Code of Civil Procedure and discussion of likely trends arising from new and pending legislative proposals;
  • arbitration, including discussion of mediation and expert determination; and
  • administrative litigation, including admissibility, administrative review, jurisdiction, preliminary relief, and judicial review in the civil courts.

Litigation in the Netherlands will prove a practical and comprehensive guide for all foreign lawyers, businesses and individuals involved in commercial litigation in the Netherlands, as well as a handy reference for Dutch lawyers who wish to advise their English-speaking clients on Dutch litigation.

Last Updated 12/12/2012
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041141439
SKU 10059347-0001
Table of Contents

I Civil Procedure

Chapter 1. Introduction

Chapter 2. Differences between Netherlands and common law

Chapter 3. Court system, parties, sources of law and fair trial

Chapter 4. Jurisdiction

Chapter 5. Evidence

Chapter 6. The proceedings

Chapter 7. Corporate litigation in the Enterprise Court

Chapter 8. Derivative actions, class actions and class settlements

Chapter 9. Provisional Remedies

Chapter 10. Enforcement and recognition of judgments

II Arbitration

Chapter 1. Introduction

Chapter 2. Arbitration agreement

Chapter 3. Arbitration proceedings under the Arbitration Act

Chapter 4. Arbitral award

Chapter 5. Arbitration outside the Netherlands

Chapter 6. Arbitration under the NAI Arbitration Rules

Chapter 7. Expert determination

Chapter 8. Mediation

III Administrative Litigation

Chapter 1. General Introduction

Chapter 2. The system of Dutch administrative litigation

Chapter 3. Administrative review and other pre-proceedings

Chapter 4. Judicial review by the administrative courts: appeal and higher appeal

Chapter 5. Preliminary relief

Chapter 6. Judicial review by the civil courts

Chapter 7. Complaints proceedings

Chapter 8. Supervision and enforcement