Netherlands: Key take aways from Dutch Caselaw on Arbitration Challenges

Arbitration in the Netherlands is anchored in a modern, Model Law-inspired framework within the Dutch Code of Civil Procedure, updated in 2015. Dutch courts are supportive of arbitration, apply a restrictive notion of public policy, and are generally recognised for efficient recognition and enforcement matters.

In the fifth article of the CMS Arbitration Atlas series, our arbitration team in the Netherlands explore the key lessons from recent Dutch case law on challenges to arbitral awards. Drawing on all published implications between 2021 and 2025, we identify where challenges have succeeded and why, the narrow grounds on which courts will intervene, and the practical implications for parties. The data confirms that Dutch courts reject the vast majority of challenges and set aside awards only in exceptional cases, typically involving invalid arbitration agreements, clear public policy breaches, or improper tribunal composition. Despite this, challenges can still compromise confidentiality and delay final resolution.

Those involved in arbitration-related proceedings before Dutch courts should ensure a valid arbitration agreement is in place and follow procedural rules carefully from the start to minimize the risk of challenges and delays.

Please click the link to read the full article, the fifth in the CMS Arbitration Atlas series:

Netherlands: Key take aways from Dutch Caselaw on Arbitration Challenges