Litigation in the Netherlands Civil Procedure, Arbitration and Administrative Litigation

Author: M van Hooijdonk; Peter V. Eijsvoogel
Publisher: Kluwer Law International
ISBN: 9789041128553
Published In: February 2009
Format: Hardback , 212 pages
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

I Civil Procedure
1. Introduction
2. Differences between Netherlands and common law
3. Court system, parties, sources of law and fair trial
4. Jurisdiction
5. Evidence

6. The proceedings
7. Corporate litigation in the Enterprise Court
8. Derivative actions, class actions and class settlements
9. Provisional Remedies
10. Enforcement and recognition of judgments

II Arbitration
1. Introduction
2. Arbitration agreement
3. Arbitration proceedings under the Arbitration Act
4. Arbitral award
5. Arbitration outside the Netherlands

6. Arbitration under the NAI Arbitration Rules
7. Expert determination
8. Mediation

III Administrative Litigation
1. General Introduction
2. The system of Dutch administrative litigation
3. Administrative review and other pre-proceedings
4. Judicial review by the administrative courts: appeal and higher appeal
5. Preliminary relief

6. Judicial review by the civil courts
7. Complaints proceedings
8. Supervision and enforcement