Dispute resolution
Business disputes can be complex and costly. They take time and energy that you cannot invest in your business. Whether you are being wrongfully sued or you have a claim against a contractual party that refuses to comply, we can help you find a solution.
We specialise in resolving and preventing disputes. We will always first examine whether a dispute can be resolved amicably. If that’s not possible, we’ll initiate legal proceedings on your behalf or assist you in representing your interests. We will guide you through every stage of the process, from summons to judgment, with sharp legal analysis and strategic insight. Our goal is not only to build a legally strong case, but also to protect your business and other interests, and to limit damage where possible. In doing so, we strive for a result that actually helps you move forward.
We specialise not only in the technical aspects of conducting legal proceedings, and winning cases in this area, but also of course have the legal expertise required to bring proceedings to a successful conclusion. By combining both areas of expertise, we’re able to achieve real results in complex legal cases. That’s why we are often asked by other law firms to review and advise on complex legal proceedings.
Services
- Intermediation and mediation
Intermediation and mediation are often effective alternatives to legal proceedings. They save costs and time and prevent further escalation. Our mediators guide parties towards a joint solution in a confidential setting, taking the positions of both sides into account. - Second opinion
If you’re doubtful about legal advice you have received, we offer an independent second opinion: a fresh look at your case by an experienced lawyer. We can assess your file thoroughly and objectively, giving you clear insight into your legal position and enabling you to make informed decisions about the next steps to take. - Evidence-gathering procedures
Köster Advocaten are specialists in gathering evidence in civil proceedings. Evidence gathering is crucial in any legal dispute. A case stands or falls on the strength of the evidence that can support the claim. Thanks to new legislation that entered into force in 2025, the possibilities for evidence gathering have been expanded and simplified, so that measures such as witness hearings, requests for access to documents, and seizure of evidence can be put to optimal use. We advise you on the strategy that best suits the proceedings, in order to create the strongest possible case. - Protective legal measures
We can assist you with the strategic deployment of protective measures, such as imposing a prejudgment attachment, applying for summary proceedings, or submitting a request for provisional relief. This prevents the other party from removing money or evidence, and thus no longer offering recourse. Together, we can determine the most effective approach to protect your position and your right to recourse, so that you’re not left empty-handed at the end of the dispute. Our network also includes specialists who can assist in investigating possible property from which recourse is available. - Conducting legal proceedings
Köster Advocaten can guide and support you in conducting legal proceedings, from a summons or petition to the judgment. Our lawyers in the Dispute Resolution team have extensive experience and in-depth expertise in conducting preliminary relief proceedings, proceedings on the merits, arbitration proceedings, appeals, and proceedings before the Enterprise Chamber, on behalf of both claimants and defendants. We can also assist you in proceedings before the Supreme Court. We work with you to choose a clear strategy and provide understandable communication throughout the entire process: in either a complex liability issue, a labour dispute, a long-term shareholder dispute, or a debt collection claim. Our services do not end when the judgment is issued. We will remain at your side if necessary, for instance by taking enforcement measures to ensure that your rights are protected.
Proceedings
- Premilinary relief
In some cases you cannot wait for a lengthy court case and immediate action is required. Preliminary relief proceedings allow you to ask the preliminary relief judge to grant immediate relief, such as an order, injunction, or payment obligation. Köster Advocaten frequently conducts preliminary relief proceedings and can assist you with practical and effective support. - Subdistrict Court
The Subdistrict Court deals with cases such as labour disputes, rental disputes and claims up to EUR 25,000. The proceedings are accessible and often faster than before the ordinary court. But legal assistance is essential even then. Whether you want to initiate proceedings or defend yourself, you’ll find us at your side every step of the way. From drafting procedural documents to the hearing, we provide a well-considered strategy and powerful, effective representation. - Court ruling on the merits
Proceedings before the court ruling on the merits are regular civil proceedings in which a final judgment is issued on a dispute, for instance regarding the interpretation or performance of a contract, liability, or a business obligation. The proceedings usually take place in written rounds, followed by a hearing. These proceedings require a substantively strong litigation strategy and careful litigation. We can ensure that your position is presented in a legally sound manner, that your rights are optimally protected, and that you receive expert guidance throughout the entire process, from summons to judgment. - Appeal
If you disagree with a court ruling, in many cases you may file an appeal with the Court of Appeal. An appeal is not a repetition of the first instance, but rather a more legally intensive phase revolving around a sharp analysis of the judgment and a convincing reformulation of the positions.
Köster Advocaten has extensive experience in conducting appeal proceedings. In this phase, our in-depth legal knowledge and litigation experience come into their own. We critically assess the opportunities and risks, formulate a clear litigation strategy, and ensure that all the grounds for appeal are thoroughly and convincingly elaborated.Has another party filed an appeal against you? We’re here for you also in that case. We can quickly and thoroughly assess your position and conduct a targeted defence to ensure that the earlier result is upheld or to limit risks.
- Appeals in cassation
Cassation is not an appeal. Whereas in an appeal the facts are reviewed, the Supreme Court focuses on only one question: has the law been correctly applied and have the proceedings been conducted correctly? Only specialised cassation lawyers are allowed to take this step, and we have them in house. Our cassation specialists combine in-depth professional knowledge with years of experience in procedural law and a keen eye for legal nuances. This enables us to expose errors, identify opportunities, and increase your chances of success before the Supreme Court.
- Arbitration
Arbitration is an alternative to the public courts in which independent arbitrators – experts in the relevant field – issue a binding ruling on your dispute. The proceedings take place in a closed hearing, without lengthy appeal options, and offer parties the opportunity to choose arbitrators with specific knowledge. Examples include disputes in the fields of construction, trade or sports. Arbitration allows complex disputes to be settled more quickly, more efficiently and with greater substantive understanding.
Our firm has extensive and successful experience with arbitration proceedings, including before the Netherlands Arbitration Institute (NAI), the Arbitration Board for the Building Industry (RvA), and the Court of Arbitration for Sport (CAS). Our in-depth litigation experience and sector-specific expertise enable us to ensure a strategic approach and a convincing presentation of your case, with the aim of achieving a strong and sustainable outcome in your favour.
- Inquiry proceedings (Enterprise Chamber)
The inquiry proceedings at the Enterprise Chamber are an effective means of resolving misconduct or deadlocked relationships within a company. Unlike in ordinary proceedings, the Enterprise Chamber can intervene by imposing far-reaching measures, such as suspending directors, appointing an interim director, or temporarily transferring shares, often before the investigation has been completed. These proceedings are used in the event of shareholder conflicts, neglect of management duties, or serious doubts about the policy. Our firm knows the playing field of the Enterprise Chamber like no other. We use the inquiry proceedings strategically, with an eye for the bigger picture, to protect your interests and restore peace within the company.
- Dispute resolution proceedings (Enterprise Chamber)
The dispute resolution proceedings are intended to break deadlocks in shareholder conflicts within a company. If cooperation has become impossible, the Enterprise Chamber may, on request, decide that a shareholder must withdraw (sell his shares) or be expelled (bought out by the others). In this case, an independent expert may determine the value of the shares to ensure a fair price. Since 2025, this procedure has become faster and more efficient, because the Enterprise Chamber, as a specialised court, issues immediate decisions and appeals are virtually impossible. This brings clarity and peace of mind within the company. Our firm understands the dynamics of shareholder disputes and can guide you step by step through this process: from assessing your legal position to conducting the proceedings and safeguarding your interests.
- Disciplinary tribunals
Disciplinary tribunals assess whether professionals, such as lawyers or healthcare providers, have complied with professional rules. A complaint may have serious consequences, ranging from a warning or reprimand to suspension, or even removal from the professional register.
Whether you wish to file a complaint yourself or are facing disciplinary proceedings as a professional, a well-considered approach is crucial. We can assist you with clear advice, help you write a complaint or defence, and guide you through the proceedings. You will therefore not be alone in facing the disciplinary tribunal, but have experienced legal support at your side.
Examples of types of disputes
- Liability
Liability issues revolve around the question who is responsible for damage suffered and whether that damage should be compensated. This may involve breach of contract, a wrongful act, or specific situations such as directors’ liability, professional liability or employer’s liability. Such disputes often directly affect the financial aspects and reputation of the parties involved. Our firm can help you clearly map out your position, carefully assess liability, and effectively assist you in negotiations or proceedings.
- Attachment and enforcement
Attachment and enforcement play a role when a creditor wants to be certain that a claim will actually be paid. With the court’s approval, pre-judgment attachment can be levied to prevent assets from disappearing. After a judgment against the defendant, the pre-judgment attachment can be converted into a post-judgment attachment, allowing the bailiff to collect or sell goods or assets. Because seizure can have far-reaching consequences and is sometimes used unjustly, disputes regularly arise in this area. Our firm has a specialised Attachment Law team that advises and litigates in attachment and enforcement cases, both for creditors that wish to secure their rights and for debtors who wish to defend themselves or have the attachment lifted. - Acquistion disputes
In the event of a company acquisition, even the most promising deals may give rise to complex disputes, for instance about guarantees, balance sheet agreements, or hidden defects. In such situations, we ensure that your position is defended optimally. With sharp legal and strategic insight, we quickly analyse the core of the conflict and work towards a solution that is both commercially sound and future-oriented. With regard to either negotiation, mediation or litigation, we can represent your interests with conviction and with an eye for the best result. - Corporate litigation
In any company, conflicts of interest may sometimes arise among shareholders, between directors or within the management. We can help you deal with such disputes quickly and effectively, taking both the legal and the commercial realities into account. In the case of either a shareholder conflict, directors’ liability or an inquiry procedure, we can ensure that you face the dispute with confidence and keep your business running. We will choose the most effective approach, always based on your business objectives. This way, we restore peace, clarity and balance to your organisation. - Commercial contracts/trade agreements
Where trade is conducted, differences of opinion may sometimes arise; about deliveries, payments, or the interpretation of contractual agreements. We assist entrepreneurs when a commercial partnership breaks down or agreements are breached. If a distribution agreement, agency or supply contract is involved, we can quickly map out the legal and strategic options. With an eye for your commercial interests, we aim for the optimal solution, through consultation or in court. This allows you to maintain control over the dispute and your business. - Intellectual property
When intellectual property rights are violated or disputed, that may immediately give rise to a dispute. We assist entrepreneurs in conflicts concerning trademarks, copyrights, designs and trade names. If you are accused of infringement or wish to enforce your rights, we will draw up a sound plan that fits your commercial objectives. We combine legal precision with a practical approach to effectively protect your creations and reputation. - Wrongful acts
Wrongful acts are one of the main grounds for liability in Dutch law. They relate to situations in which a party causes damage through careless or wrongful actions. In order to hold a party liable, it must be demonstrated that a fault has been committed, that the fault can be attributed to the party in question, and that actual damage has been incurred as a result. We can help you to clearly analyse the situation and to take the appropriate steps, consisting of either recovering damages or filing a defence against a claim. With a thorough and targeted strategy, we can ensure that your rights are protected.
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