Litigation & ADR
Disputes are sometimes inevitable. Our lawyers regularly advise and litigate on a variety of disputes. In addition, we have the knowledge and experience to litigate up to Supreme Court level if necessary. We also have broad experience at disciplinary tribunals, arbitration tribunals and other arbitration cases.
Litigation is not always the first option to solve a dispute. Where appropriate, we examine whether a dispute can be resolved in another way. The certified mediators <link invoegen naar mediators> within our firm can quickly resolve a dispute through alternative dispute resolution.
Our team & approach
You can always expect clear communication, a sharp processing strategy and a decisive attitude from us. Our aim is to bring the dispute to a successful conclusion as soon as possible. We work in a practical "hands on" manner and quickly identify the root causes of problems. If the dispute requires, we opt for a multidisciplinary approach involving lawyers from different departments. Our lawyers from all our teams have dispute resolution expertise and communication lines within our firm are short. In some cases, it may be useful to ask our cassation specialists for advice at an early stage, for example.
Additional expertise can also be brought in. Our lawyers can count on the support of Mr. Floris Bakels, former vice-president at the Supreme Court and, since the beginning of 2020, an internal advisor to our firm. His extensive experience as a judge and great legal knowledge means he knows how to understand these cases better than anyone. Based on his frame of reference, he likes to analyse the process and offer strategic advice.
If necessary, external experts can also be consulted when dealing with disputes. Our broad network includes experts such as claims experts, appraisers, notaries, tax specialists and bailiffs.
Alternative dispute resolution
Within our firm we have specialists who are skilled at various forms of alternative dispute resolution (ADR). This may include mediation and arbitration, but also binding and non-binding advisory procedures. These forms of alternative dispute resolution are aimed at terminating disputes as soon as possible, without the intervention of the court.
Supreme Court cassation proceedings are different from proceedings in other courts or tribunals. New evidence cannot be submitted in these cassation proceedings. The Supreme Court can only assess whether the lower court has infringed the law or has not properly reasoned its ruling. Our firm is one of the few firms in the district of North Holland that has a team of cassation specialists. Our lawyers deal with cassation cases across the entire field of civil (procedural) law with a special emphasis on cases in which the government is a party.
In cases where it is obvious that the supreme court will be involved, the cassation procedure will be anticipated on appeal. Whether a cassation appeal will succeed or not depends partly on the way in which an appeal is litigated. Our cassation specialists will therefore be closely involved in any appeal procedure.
We also advise on the likelihood of a successful cassation appeal or defence and its expediency, given the foreseeable legal process after dismissal and any possible referral or referral back. We give our advice in the form of either a quick scan or more detailed advice.
Our excellent reputation in the legal world means that we are frequently engaged by other law firms, notaries and legal expenses insurers for second opinions, for example. Other offices also engage us in procedures that require specialist knowledge and our cassation team also advises other law firms prior to Supreme Court proceedings.
Seizure and execution
Sometimes it is necessary to make a seizure prior to a procedure taking place. This can be a seizure of bank accounts, on property rights such as shares, but also on items such as houses, boats, vehicles or even aircrafts. Our lawyers are specialists in this field and often deal with complex issues where seizures need to be made. If a client has had assets seized, we will take the necessary steps to have this confiscation lifted as soon as possible, for example by conducting interlocutory proceedings.
Even after securing a favourable judgment, measures must sometimes be taken to ensure full compliance with the judgment. If appropriate, the (enforced) seizure of property rights and assets of the other party can be initiated. If necessary, we also collaborate with our bankruptcy experts.
A special type of seizure is the seizure of evidence. We regularly conduct procedures in which evidence has been seized or where the disclosure of supporting documents is required (filing exhibits). Our firm has developed into an unrivalled expert in this field.
International (trade) disputes
Due to their knowledge of the transport sector and the agricultural sector, our lawyers are experts in international (trade) disputes. This may involve undertaking seizure measures abroad, but also initiating proceedings in international disputes before the Dutch courts. Under certain circumstances, the Netherlands Commercial Court (which was explicitly established to settle international commercial disputes) may be approached.
We also have the necessary knowledge and expertise to handle international disputes between entrepreneurs or their stakeholders, for example at the Enterprise Chamber in Amsterdam.