Dutch Maritime Law - Nederlandse Vereniging voor Vervoerrecht

Maritime Dispute Settlement in the Netherlands

This page is for foreign parties — and their legal advisers — active in shipping, transport, logistics, trade or offshore, who are weighing the Netherlands as the forum for a dispute. It explains why Dutch courts and arbitration are an attractive choice, and offers a practical overview of litigation, arbitration and mediation in the Netherlands, from court procedure to enforcement and the language of proceedings.

Why choose the Dutch way?

The choice of court or arbitration tribunal for a dispute, and the choice of applicable law, can influence its outcome. Dutch law and legal practice offer much to Dutch and non-Dutch parties active in shipping, transport, logistics, trade, and offshore. To avoid unpleasant surprises, the choice of law and forum in a contract should always be made with care.

The Dutch justice system — both litigation and arbitration — is internationally regarded as unbiased and competent, and known for its practical, international and comparative-law approach. Proceedings are informal and efficient: there are no lengthy hearings, no costly disclosure or discovery, and no cross-examinations, and the judge or arbitrator plays an active role. Combined with substantial internationally oriented expertise, this makes dispute resolution in the Netherlands relatively fast, predictable and inexpensive — an aspect of ‘ease of doing business’ that appeals to companies wanting their legal interests handled close to home. Dutch civil justice ranks 4th out of 143 countries on the Civil Justice factor of the World Justice Project’s Rule of Law Index 2025.

Dutch law itself, as in most European countries, is based on civil-law principles (as opposed to common law) and is largely codified. The codification is kept up to date, which makes the outcome of proceedings more predictable.

Click here to learn more about the Netherlands as a maritime nation

The Netherlands’ long maritime tradition is best experienced at the Maritime Museums in Rotterdam and Amsterdam, whose collections rank among the finest in the world and tell the story of Dutch maritime history, present and future.

This is no coincidence for a country surrounded by water. The continuous effort to keep the Netherlands dry has driven a wide range of maritime and related industries. Seen on a map, the country is in effect one large port: from Eemshaven in the north, via Amsterdam and Rotterdam on the west coast, to Vlissingen and Terneuzen in the south — all along a coastline of just over 500 kilometres. Around these ports, a substantial port industry developed for the storage and transit of goods, cross-fertilising Dutch foreign trade.

The struggle against the sea gave the Netherlands a leading position in dredging, land reclamation, large-scale water defences such as the Delta Works, and water management, alongside a leading position in building complex vessels and superyachts.

These water-related activities are supported by highly trained professionals — lawyers, accountants, tax advisers, bankers and consultants — serving the Dutch maritime industry. Since Hugo de Groot published his influential ‘Mare Liberum’ in 1609 on the principle of free international trade, generations of Dutch academics have developed important legal theories and innovations for the maritime sector, always with an eye for daily practice. This tradition continues at the universities of Leiden and Rotterdam, where generations of Dutch and international students have been trained in national and international maritime and transport law, going on to work as maritime lawyers, judges, arbitrators and in-house counsel — together forming the backbone of the Dutch maritime legal community.

Litigation before the Dutch Courts

Court procedure

Most cases start with a writ of summons or an application setting out the claim. The defendant may file a statement of defence, after which the parties appear before the court for a hearing, where the judge asks questions and explores the possibility of an amicable settlement. If no settlement is reached, the court gives a judgment, which may be a final decision or set out the next procedural steps. Parties submit the evidence they consider necessary for their case, subject to their duty to inform the court properly; the court may order additional evidence. Judgments can be appealed to the Courts of Appeal; the Supreme Court rules on points of law only, not on the facts.

Read more: Dutch judicial system (PDF)

Netherlands Commercial Court

For the resolution of international business disputes in English, the Netherlands Commercial Court (NCC — a chamber of the Amsterdam District Court and the Amsterdam Court of Appeal) was established in 2019.

Read more: NCC Rules

Practical points worth noting

Available around the clock. Dutch courts can be approached for injunction proceedings at any time, including for urgent maritime matters such as ship arrest.

Specialised courts, and proceedings in English. The Rotterdam District Court is highly specialised in maritime, transport and trade matters. Its maritime chamber has — within the boundaries of EU law — exclusive jurisdiction over nearly all shipping cases in the Netherlands. Because many port-related cases arise in an international context, parties may opt to conduct proceedings in English.

Read more: Procedure rules for proceedings in English (PDF)
Read more: The port and the court (PDF)

Recovery and auction. Vessels and goods in Dutch ports and industrial areas create strong opportunities to recover a claim. Vessels can be auctioned in the Netherlands within six weeks; buyers, in turn, benefit from the activity in Dutch ports when booking new cargo.

Publication of judgments. Dutch judgments on maritime and transport matters are published throughout the year in the monthly law report Schip en Schade. All Dutch judgments are available online free of charge (in Dutch); Dutch judicial decisions on international conventions, in English, can also be found in the CMI database.

Enforcement of Dutch court judgments. Dutch judgments are enforceable immediately in all EU member states under EU Regulation 1215/2012. The Netherlands is also party to the 2007 Lugano Convention, enabling enforcement in EFTA countries, and to the 2005 Hague Convention on Choice of Court Agreements. Even absent EU law or an applicable convention, Dutch judgments are generally recognised worldwide on the basis of international comity.

Alternative Dispute Resolution

Arbitration

As in court proceedings, the arbitrator plays an active role. To safeguard speedy proceedings, an arbitral award can be challenged only in exceptional circumstances and on formal grounds — not on the merits — and only where fundamental requirements of due process were not met. Such challenges go directly to the Court of Appeal, not the District Court.

The revised Dutch Arbitration Act, in force since 1 January 2015, aims to make the Netherlands more attractive for international arbitration, including by allowing the use of modern electronic means. Several specialised arbitration institutes operate in the Netherlands. Dutch arbitral awards can be enforced almost worldwide, as the Netherlands is party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Mediation

Mediation is growing in popularity, and the Netherlands offers ample options. The Mediators Federation Netherlands (MfN) is the national standard-setting and quality-assurance body for the practice of mediation in the Netherlands.

Language of proceedings

Dutch judges, arbitrators, experts and lawyers traditionally have a good command of foreign languages such as English — the Netherlands ranks first on the EF English Proficiency Index (2025, for the seventh consecutive year) — as well as French and German. Evidence can generally be submitted in those languages without a Dutch translation, unlike in many other countries, where exhibits must usually be accompanied by a certified translation, adding cost and risk of error. Witnesses, too, may often be heard in English before Dutch courts, and arbitration in foreign languages is common. The Rotterdam District Court offers the possibility to conduct maritime, transport and trade proceedings in English.