Home / Expertise / Dispute Resolution

Dispute Resolution

Netherlands

Disputes have always existed, as has dispute resolution. If you have a problem requiring legal action, our team can assist you in analysing risk, managing disputes and seeking constructive solutions in your best interests. CMS´s sector-focused lawyers are not just litigators or arbitration specialists but business-minded problem solvers. They always keep in mind that winning is a means, not an end in itself.

Using our global experience and local knowledge, we can safeguard your interests before state courts, arbitral tribunals and in alternative dispute resolution. We can handle your dispute across any European jurisdiction, obtain judicial assistance in foreign proceedings and deal with enforcement procedures for foreign judgements and arbitral awards.

We routinely act in all business areas before state courts and as counsel in international and domestic arbitration proceedings, including investment arbitration. Our partners also regularly act as arbitrators.

If you want your dispute to stay out of court or arbitration, we can guide you tactically in achieving this. Mediation is an example of alternative dispute resolution.

A further risk you may face is the threat of an external investigation amid allegations of corporate wrongdoing. Our specialists can support you 24/7 through sensitive investigations by criminal and regulatory authorities, including negotiating settlements where appropriate.

Legal500 2015:

CMS is particularly active in construction and IT-related arbitrations, though the team is well equipped to handle a broad range of corporate and commercial disputes. Peter Soede, Mark Ziekman and Jeroen Berlage are key contacts.

CMS’ ‘thorough’ team has broad expertise in corporate and financial services litigation. Arno Moret is recommended for construction-related disputes. Insurance and liability specialist Bas Baks made partner in 2014.

Peter Soede is the key contact for mediation at CMS. Directors’ and officers’ liability are particular areas of strength.

Read more Read less

Clients appreciate the seamless co-ordination between offices. One notes that "They always act in a co-ordinated manner, as a single team."

Chambers Global, 2019

"The cross-border case is excellently managed. The quality standard is on an international level."

Chambers Europe, 2019

"Good depth of resources to cover peak demand and international outreach."

Chambers Global, 2018

"I particularly value their aptitude to determine tactics in a dispute, their persuasive power, in written court briefs as well as at trial, and their client-friendly style. They are responsive, efficient and proactive."

Chambers Europe, 2018

"High-quality work, good business acumen, solution-oriented approach and comprehensive expertise, especially in real estate and dispute resolution matters."

Chambers Europe, 2018

Choose area

    ADR

    ADR is a method of solving conflicts that differs from the courts, arbitration or a binding opinion. Instead of third parties, the parties themselves in fact solve their problems. This allows a relationship to be saved or to be ended in a way that is satisfactory to the parties involved. Mediation takes less time, is cheaper and is less stressful compared to the more traditional method of settling conflicts.

    Read more

    Arbitration

    Civil procedural law
    Civil procedural law is the collective term for the settlement of disputes between natural and artificial persons by a legally regulated institution. The disputes concern subjects of private law, such as commercial and labour matters, the law of persons and family law, contract law, liability issues, tenders and contracting of works.

    Read more
    Sub­scribe to Dis­pute Res­ol­u­tions top­ics

    Feed

    Show only
    Dr. Zsolt Okányi
    July 2019
    CMS In­ter­na­tion­al Dis­putes Di­gest
    Ana­lys­is and com­ment­ary on the key trends cur­rently...
    29/05/2019
    Brexit: don't for­get to ne­go­ti­ate the dis­pute res­ol­u­tion clause!
    The post­pone­ment of Brexit pro­longs the sus­pense con­cern­ing the fu­ture co­oper­a­tion between the European Uni­on (EU) and the United King­dom (UK). Un­cer­tainty re­gard­ing re­cog­ni­tion and en­force­ment of judg­ments by UK courts in civil and com­mer­cial cases has par­tially.
    May 2019
    The Ver­dict
    Round-up of cor­por­ate crime de­vel­op­ments across CMS
    13/05/2019
    The Ver­dict Risk & In­vest­ig­a­tions
    We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to anti-cor­rup­tion laws in Chile, in­clud­ing the ex­ten­sion.
    Paul Guite
    August 2018
    Sum­mer of sports 2018
    03/04/2019
    Ger­man Fed­er­al Su­preme Court re­jects Achmea's com­plaint that its right...
    At the end of Janu­ary, the Ger­man Fed­er­al Court of Justice (BGH) is­sued an­oth­er de­cision in the mat­ter of Achmea B. V. v. The Slov­ak Re­pub­lic. As already re­por­ted, in its de­cision of 31 Oc­to­ber 2018 the BGH an­nulled the ar­bit­ral award made in fa­vour of Achmea.
    July 2018
    How to ad­dress mal­prac­tice in sports: The is­sue of...
    25/03/2019
    Neth­er­lands passes new law for re­dress of mass dam­ages
    On 19 March 2019, the Dutch sen­ate ad­op­ted the col­lect­ive ac­tion bill, which is be­ing touted as an ef­fect­ive in­stru­ment to re­dress mass dam­ages. The law should enter in­to force on the 1 Ju­ly 2019, or 1 Janu­ary 2020 at the latest.
    June 2018
    De­liv­er­ing qual­ity ad­vice you can act on
    An­nu­al Re­view 2017 – 2018
    28/02/2019
    Ar­bit­rat­ing fin­an­cial dis­putes – Are there tan­gible be­ne­fits?
    In the past dec­ade, sev­er­al at­tempts have been un­der­taken to pro­mote in­ter­na­tion­al ar­bit­ra­tion in the fin­an­cial in­dustry. In­deed, vari­ous fea­tures of in­ter­na­tion­al ar­bit­ra­tion ap­pear to be par­tic­u­larly well suited for the needs of fin­an­cial ser­vices pro­viders.
    June 2018
    Cross-bor­der ex­pert­ise key to ad­vising mul­tina­tion­als...
    An­nu­al Re­view 2017-2018
    18/02/2019
    CJEU Ad­voc­ate Gen­er­al ap­proves In­vest­ment Court Sys­tem in EU-Canada...
    On 29 Janu­ary 2019, Ad­voc­ate Gen­er­al Yves Bot of the EU Court of Justice (CJEU) pub­lished his opin­ion that the in­vestor-state dis­pute set­tle­ment mech­an­ism of the EU-Canada Com­pre­hens­ive Eco­nom­ic and Trade Agree­ment (CETA) is com­pat­ible with EU law.