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Vol 23 No 5 May/June 2018

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Litigation in the Netherlands: Civil Procedure, Arbitration and Administrative Litigation 2nd ed

ISBN13: 9789041141439
Previous Edition ISBN: 9789041128553
Published: December 2012
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £56.00

Despatched in 4 to 6 days.

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.

European Jurisdictions
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