Jurisdiction(s):
United Kingdom

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

Published by a LexisNexis Arbitration expert

Practice notes

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...

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Marieke Witkamp , FCIArb

Arbitra International

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,...

Web page updated on 27/05/2026

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