The Netherlands is a civil law jurisdiction. There are no juries, no binding precedent in the American sense, and judges actively manage proceedings from start to finish. Discovery does not exist in the US sense -- there are no depositions, no interrogatories, and no sweeping document requests, though Dutch evidence law was modernized on January 1, 2025 with somewhat broader scope under the new Articles 194, 195, and 195a Rv. Punitive damages are not available; Dutch courts award only compensatory damages.
Class actions exist since 2020 under the WAMCA regime, but only purpose-built foundations or associations can bring them. As of September 2025, 102 proceedings had been initiated, though no case has yet reached court-ordered damages distribution. Arbitration is common in Dutch B2B contracts, with the Netherlands Arbitration Institute (NAI) as the primary domestic institution.
The "loser pays" system sounds familiar but works differently: attorney fee recovery is capped by the liquidatietarief, typically covering only 10--30% of actual legal costs. For a EUR 500,000 dispute, the winning party recovers approximately EUR 11,000--15,000 while actual fees might run EUR 50,000--100,000.
Netherlands Commercial Court (NCC)
The NCC offers English-language proceedings for complex international commercial disputes. Court fees are EUR 19,518 (first instance) and EUR 26,024 (appeal) per party. NCC judgments are automatically enforceable throughout the EU under Brussels I Recast -- broader enforceability than arbitral awards.
Key Differences from US Litigation
| Feature | US | Netherlands |
|---|---|---|
| Jury | Yes | No -- professional judges only |
| Discovery | Extensive | No depositions or interrogatories; limited targeted document exhibition |
| Punitive damages | Available | Not available -- strictly compensatory |
| Class actions | Plaintiff-driven | Only foundations/associations; opt-out for Dutch residents |
| Proceedings | Primarily oral, multi-week trials | Primarily written submissions |
| Cost recovery | American Rule (each side pays own) or fee-shifting | Loser pays, but capped at liquidatietarief |
Liquidatietarief (Effective 1 February 2026)
| Tariff | Claim Amount | EUR per Point |
|---|---|---|
| I | Up to EUR 10,000 | EUR 554 |
| IV | EUR 40,000--98,000 | EUR 1,290 |
| VII | EUR 390,000--1,000,000 | EUR 3,723 |
| VIII | Above EUR 1,000,000 | EUR 4,631 |
Sources
- Netherlands Commercial Court
- Clifford Chance -- Five Years of WAMCA
- Liquidatietarief per 1 February 2026
This document does not constitute legal advice.