Netherlands: Litigation, Mediation & Arbitration

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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
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Related Country Guides

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

Arbitration & Dispute Resolution

Article
Dutch Court Rejects Parody Defense For ABBA-Inspired Carnival Song
A Dutch court ruled that a carnival band's parody song using ABBA's melody doesn't qualify for copyright protection under the parody exception. The decision centered on whether commercial streaming exploitation of "Dikke Pens" - which replaces the lyrics of "Take a Chance on Me" with content about obesity - strikes the proper balance between copyright holder rights and freedom of expression.
Netherlands IP
WT
Winston Taylor
Article
LD The Hague, August 10, 2026, Infringement Action, Counterclaim For Revocation, UPC_CFI_251/2025, UPC_CFI_769/2025
Maxell, Ltd. has initiated infringement proceedings against Samsung Electronics and its European subsidiaries at the Unified Patent Court in The Hague, with Samsung filing counterclaims for revocation. The dispute centers on European Patent EP 2 061 230, involving complex questions of patent validity under Article 56 EPC and procedural rules governing infringement actions and revocation counterclaims.
Netherlands IP
BP
Bardehle Pagenberg
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Court Procedure

Article
Schadeplicht voor de verhuurder die de woning, na beëindiging wegens dringend eigen gebruik, niet zelf in gebruik neemt
Dutch landlords face significant financial liability when terminating rental agreements based on urgent personal use if they fail to actually occupy the property. This article examines the legal framework governing such terminations, the three cumulative conditions courts apply, and recent case law demonstrating how damages can reach tens of thousands of euros when landlords don't follow through on their stated intentions.
Netherlands Real Estate
B
Buren
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Class Actions

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Trials & Appeals & Compensation

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
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
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