Arbitration

Arbitration: flexible, confidential, international

When settling commercial disputes, arbitration is often preferred over court proceedings. For 97% of all international companies, arbitration is the preferred method of dispute settlement (2018 International Arbitration Survey, Queen Mary University of London). The advantages of arbitration cited by companies are diverse. The main factor is the ease with which an arbitral award can be enforced in 158 countries around the world. Moreover, arbitration is ‘neutral’ in the sense that it is independent of either of the parties’ countries. In addition, arbitration proceedings are flexible and parties are free to choose their own arbitrators. Another advantage is the confidentiality offered by arbitration proceedings.

Experienced counsel for arbitration

Our wide-ranging expertise in both national and international arbitration proceedings (including before the ICC, UNCITRAL, the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut) and the Dutch Arbitration Board for the building industry (Raad van Arbitrage voor de Bouw)) enables us to assist you in diverse arbitration proceedings across industries. Our approach is pragmatic and highly effective.

Recent arbitration cases where we acted as lawyers (counsel) include:

  • arbitration on a claim amounting to millions of euros pertaining to network costs in the energy sector;
  • arbitration on a complex building project in the Middle East;
  • summary arbitral proceedings on the termination of a supply agreement in the energy sector;
  • arbitration on the sale of materials for use in the telecoms sector in the Middle East.

Setting aside arbitral awards, enforcement of arbitral awards

We also specialise in bringing proceedings for setting aside arbitral awards and proceedings on the enforcement of foreign arbitral awards in the Netherlands. We also have a global network of partner law firms at our disposal whichenables us to enforce Dutch arbitral awards abroad.

Examples of recent setting aside proceedings/enforcement proceedings include:

  • setting aside proceedings for an arbitral award handed down on the basis of a BIT;
  • cassation proceedings on the enforcement of a Russian arbitral award (which was set aside) in the Netherlands

Arbitrator and expert on Dutch law: Rieme-Jan Tjittes

Our arbitration team is headed by Rieme-Jan Tjittes. His many years of experience as a judge and his expertise as a lawyer in disputes concerning national and international commercial contracts make him a highly sought-after arbitrator (and chairman) for national and international institutional and ad hoc arbitration proceedings (before, for example, the ICC, the Netherlands Arbitration Institute and the AAA/ICDR).

In addition, he is often asked to act as an expert witness on Dutch law in international arbitration cases and legal proceedings abroad.

Examples of his recent work as arbitrator (or chairman) include:

  • breach of warranties and indemnities in SPAs;
  • termination of a distribution agreement for sports clothing in Eastern Europe;
  • termination of distribution in the food sector;
  • sale of piping & drilling parts (oil industry) (South America);
  • collaboration in the healthcare sector (hospitals, medical experts);
  • disputes on Shareholders’ Agreements;
  • coverage of an international insurance agreement (Australia);
  • construction dispute regarding windmills at sea;
  • disputes between municipalities and property developers about project development contracts;
  • performance of a financing agreement under German law;
  • performance of a marketing agreement under German law;
  • disputes in the private equity sector;
  • summary proceedings in the travel industry;
  • a dispute in the telecoms sector (South America).

Rieme-Jan Tjittes has worked on various cases as an expert witness (including being cross-examined) on Dutch contract law, liability law and company law in proceedings abroad (UK High Court, US District Courts) and in international arbitration (before the ICC, LCIA, PCA and Netherlands Arbitration Institute, among others).

Do you have any questions about arbitration?

If you wish to seek advice on initiating arbitration proceedings, setting aside or enforcing an arbitral award, or on what constitutes the best arbitration clause, please feel free to contact Rieme-Jan Tjittes or any other team member.

Our experts