Jurisdiction(s):
United Kingdom

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

Published by a LexisNexis Arbitration expert

Practice notes

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...

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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 21/05/2026

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