In general, it is better to prevent legal proceedings. Therefore, Groenendijk & Kloppenburg Lawyers frequently try to settle legal disputes without any involvement of a judge or arbitrator. However, sometimes a lawyer has to bring a case before a court or arbitration institute in order to secure the desired outcome. With such litigation, procedural or arbitration law comes in.
Rules regarding the production of evidence are an essential part of procedural law. Often, the key question is which party has the burden of proof. Of course, our lawyers take this into account during the preparation of legal proceedings. Even before the start of a litigation, procedural law can be used to provide better insight into the legal position of the parties involved, for example by a preliminary hearing of witnesses.
Litigation may take quite some time. Sometimes the outcome of a case is urgent. Under certain conditions, procedural law can provide for a fast-track litigation procedure: interim proceedings or measures. Your lawyer can request and obtain temporary injunctions from a court within a relatively short term.
It goes without saying that our lawyers do not only take aspects of procedural en substantive law into consideration during the preparation of a litigation. A proper analysis of potential any commercial and reputation risks is also essential. We determine the strategy of the litigation in close consultation with the client.
Alternatively, parties could agree on arbitration. In that case, parties have more liberty to determine the procedural aspects. In view of international rules and regulations, a verdict of an arbitrator can in general be enforced abroad relatively easy. However, arbitration can also be expensive and may take some time.
Our lawyers have gained extensive experience with legal proceedings before courts of first instance, courts of justice (in appeal), the Dutch Supreme Court (in cassation) and arbitration institutes (such as the Netherlands Arbitration Institute and the Court of Arbitration for the Building Industry). Our Lawyers have been involved in important jurisprudence (see cassation).
For questions about litigation and arbitration, please contact LLM Rens Kloppenburg, LLM Niels van Steijn and LLM Frans Kloppenburg. Please visit our office in Leiden in the Netherlands for an (informal) meeting with one of the lawyers.