Marieke Witkamp , FCIArb
Marieke Witkamp is an international arbitrator based in Houston, TX. She has worked on 3 continents and has over 20 years of dispute resolution experience. She has gained her dispute resolution experience as (i) a commercial judge at the court of Rotterdam in the Netherlands, (ii) an arbitration attorney in Qatar with K&L Gates, (iii) as (foreign) lawyer at a boutique litigation firm in Houston, TX and as (iv) in-house counsel in the Dutch energy industry and Qatar’s sports industry.
Marieke has an LLM in Dutch and US law, is licensed in Texas and the Netherlands and is a Fellow of the Chartered Institute of Arbitrators.
Marieke has been appointed as arbitrator in 40+ cases. She is known for well-managed, efficient, and fair proceedings and for writing well-reasoned awards. For this reason, she is often asked as Chair of an arbitral tribunal. Marieke is included in arbitrator rosters around the world, including: AAA-ICDR, LCIA, DIAC, ArbitrateAD, the Netherlands Arbitration Institute and Houston Maritime Arbitrators Association. She is an Aspiring Full Member of the LMAA.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2003
Experience
- Court of Rotterdam, the Netherlands (full-time and substitute commercial judge) (2003 - 2025)
- K&L Gates, Qatar (2017 - 2019)
- NAM B.V., the Netherlands (2014 - 2014)
- Gasunie B.V., the Netherlands (2012 - 2013)
Membership
- Chartered Institute of Arbitrators
- American Bar Association
- Houston Bar Association
- London Maritime Arbitrators Association
- Dutch Arbitration Association
- Arbitral Women
Qualifications
- LLM in Dutch Law (2003)
- LLM in US Law (2017)
Education
- Erasmus University Rotterdam, Law School (2003)
- University of Houston, Law Center (2017)
4 Contributions by Marieke Witkamp
PRACTICE NOTES
Dutch state immunity in arbitration: jurisdiction and enforcement, waiver, commercial-use exception, asset attachment, burden of proof, bailiff notification, and UN Convention‑influenced Supreme Court case law
State immunity in the Netherlands—introduction
This Practice Note examines how state immunity operates in relation to arbitration proceedings in the Netherlands. For a wider primer on state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. For Practice Notes covering state immunity across multiple jurisdictions (including England and Wales), consult our subtopic: State immunity and arbitration—overview.
State immunity and arbitration—overview
States and state-owned enterprises frequently participate in international commercial dealings. Contracts concluded by states—particularly those with overseas private parties—commonly include arbitration agreements. As a result, states are regular participants in international arbitration.
Under Dutch law, two categories of state immunity are recognised:
State immunity from jurisdiction (jurisdictional immunity)
State immunity from enforcement
Jurisdictional immunity is a rule that bars a court or tribunal from exercising authority over claims against the state that enjoys the immunity. Enforcement immunity prevents a court or tribunal from enforcing an award or judgment against assets belonging to that protected state. In the Netherlands, the core provision governing both forms of immunity is article 13a of...
Arbitration
PRACTICE NOTES
Enforcing arbitration agreements in the Netherlands: court jurisdiction challenges, concurrent proceedings, recognition of foreign judgments, limited anti-suit relief, and no set-aside of tribunal decisions declining jurisdiction
This Practice Note explores questions of arbitral jurisdiction in the Netherlands and outlines the avenues open to a party aiming to halt court proceedings...
Introduction
Where litigation is commenced in the Netherlands in breach of an arbitration clause, Dutch law is, as a rule, highly supportive of arbitration. The principal regime is found in Book 4 of the Dutch Code of Civil Procedure (DCCP), commonly known as the Netherlands Arbitration Act...
Challenging the jurisdiction of the court
Contesting the court’s jurisdiction is the foremost and most effective route for a party facing court proceedings brought despite an arbitration agreement. Under Articles 1022 DCCP (for arbitrations seated in the Netherlands) and 1074 DCCP (for arbitrations seated abroad), the state court seised of the dispute must declare it lacks jurisdiction if a party promptly invokes the arbitration agreement. The state courts will uphold the arbitration agreement where it is valid under any of the following: the law chosen to govern the arbitration agreement, the law of the arbitral seat, or the law governing the legal relationship to which the arbitration clause relates...
Arbitration
PRACTICE NOTES
Interim and Conservatory Relief in Dutch-Seated Arbitration under the Netherlands Arbitration Act (DCCP): Tribunal Powers, Emergency Procedures, Enforcement by Penalty Payments, and Court Asset Attachments and Evidence Seizure (2025)
Interim Remedies in the Netherlands–introduction
Interim measures aim to avert irreparable loss, maintain the existing position, or provisionally govern behaviour until a decision on the merits, and they must be capable of reversal and avoid prejudging the dispute. Dutch State courts have traditionally taken a generous stance in granting urgent interim relief in preliminary relief proceedings. The same approach is mirrored in arbitration. Dutch arbitration law is contained in the 4th book of the Dutch Code of Civil Procedure (DCCP), commonly called the Netherlands Arbitration Act. Since 1986, the Netherlands Arbitration Act has empowered tribunals to award urgent preliminary relief, and this occurs in numerous arbitrations. This note explains why Dutch interim remedy practice is distinctive and how both judges and arbitral tribunals assess and order such measures. It outlines their reasoning and outcomes in practice.
Applying to the tribunal for interim relief–when and how Introduction
The Netherlands Arbitration Act permits the tribunal to impose any interim measure related to a claim or counterclaim that it considers suitable (article 1043b DCCP), without requiring the parties to grant that authority. By contrast, in certain other legal systems, tribunals may issue interim measures solely where their mandate is expressly provided by agreement...
Arbitration
PRACTICE NOTES
Recognition and Enforcement of Arbitral Awards in the Netherlands: Domestic and Foreign Awards, Exequatur, Setting Aside and Revocation under the DCCP, New York and ICSID Conventions
This Practice Note examines the recognition and enforcement of arbitral awards in the Netherlands.
Introduction
The Netherlands is an arbitration-friendly jurisdiction with a modern, pragmatic system of Arbitration Law. Dutch arbitration law is contained in the 4th book of the Dutch Code of Civil Procedure (‘DCCP’), often called the Netherlands Arbitration Act. For enforcement, the Act distinguishes between domestic awards, meaning awards issued in arbitrations seated in the Netherlands, and foreign awards, meaning awards issued in arbitrations seated outside the Netherlands. In essence, domestic awards are those rendered with the seat in the Netherlands, whereas foreign awards are those rendered with the seat abroad. Both categories only become enforceable once leave to enforce, also termed an exequatur, has been granted. After that leave is obtained, an award can be enforced in the Netherlands in the same way as an enforceable State court judgment. The procedures for enforcing both categories are addressed below, following a brief outline of the two routes of recourse against arbitral awards: setting aside and revocation.
Setting aside of a domestic award
Procedure
The Dutch courts have jurisdiction over an application to set aside a domestic award. An application for setting aside may only be brought against a...
Arbitration
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