Supreme Court Litigation

+ 11 other experts

Winning the case at the highest level

Part of our DNA

De Brauw has litigated before our highest court since 1871. Our practice is synonymous with the specialist legal and strategic skills, and the detailed and rigorous approach, that these type of cases need. We handle Dutch Supreme Court litigation in all areas of civil and administrative law, with corporate litigation, class actions, employment and intellectual property being our focus.

Challenging the status quo

What happens in society is relevant in Supreme Court cases, as changes in public opinion often influence the law. A constant critique of the status quo is at the core of our litigators' approach. Our 360-degree perspective has led to our forming part of many ground-breaking decisions that touch upon all facets of society.

Setting strategy from the ground up

When taking on a Supreme Court case, we act as the client’s Supreme Court counsel throughout the appeal, working in close consultation with the lawyers who handled the matter during the fact-finding stages. In some cases, we may get involved while the matter is still winding its way in the lower courts when an appeal to the Supreme Court is being contemplated or anticipated. In this scenario, we typically begin by assessing our client’s options of appealing an unfavourable lower court decision, or the possibilities of successfully defending the matter.

Tailored fee arrangements and quick scan

We believe everyone should have access to a Supreme Court review of their case. To support this, we can tailor fee arrangements that reflect the client's financial situation, as well as the impact of the case itself. Recognising the role we can play in society, we have taken on pro bono cases and represented legal-aid clients before the Supreme Court where our expertise was needed.

If you are unsure if obtaining an opinion on cassation as required by the lawyers rules of conduct is the way to go, we can start the process by doing a quick scan and discuss with you whether that would be advisable based on our first reading of the lower court decision. We will then also be estimating related costs. If after reading the quick scan you would like us to issue a detailed opinion on a Supreme Court appeal, our opinion will estimate the costs of starting proceedings before the Supreme Court or of submitting a defence.

Contact us

If you would like to know what we can do for you, please get in touch with our Supreme Court Litigation team at supremecourtlitigation@debrauw.com, or reach out to the individual experts listed on this page.

Recent Matters

20 February 2024

Yukos Shareholders Secure Victory in $50 Billion Arbitration Dispute

In the legal battle that has drawn attention worldwide for over a decade, the Amsterdam Court of Appeal today upheld the $50 billion arbitration awards in favour of the former majority shareholders of Yukos Oil Company, effectively dismissing the Russian Federation's last-standing challenge against the decision. This ruling is a decisive step in one of the most significant legal disputes in the realm of international arbitration. It also underscores the inviolability of international law and treaties.
7 October 2022

Supreme Court: provisions on early repayment of fixed interest rate mortgages valid and binding

On 7 October 2022, the Supreme Court of the Netherlands dismissed the appeal of a former customer of Rabobank against a judgment by the Amsterdam Court of Appeal (judgment). On the same day, it also dismissed similar complaints against appellate court judgments brought by (former) customers of Volksbank N.V. (judgment) and ABN AMRO N.V. (judgment). The judgments are available in Dutch only.
24 December 2021

De Brauw secures Supreme Court win for Republic of Kazakhstan

On 24 December 2021, the Supreme Court of the Netherlands ruled in favour of the Republic of Kazakhstan, by annulling an enforcement order granted by the Amsterdam Court of Appeal in 2020. The contested order had allowed the opposing party to enforce a USD 500 million investment arbitration award issued by a Stockholm Chamber of Commerce (SCC) panel. In the Supreme Court proceedings, De Brauw successfully argued that the Amsterdam Court of Appeal did not have subject-matter jurisdiction to decide on the request for an enforcement order against the Republic of Kazakhstan. The Supreme Court also reversed the Court of Appeal's decision to grant the enforcement order, because this decision was given by a court that lacked jurisdiction to do so. The Supreme Court judgment can be found here (in Dutch).
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Considering an appeal to the Supreme Court?

We can help you weigh your options and decide. We will scan the matter to highlight where the possible points of appeal are, indicate any potential defence(s), and comment on your likelihood of success.

Request an assessment

Having excellent Supreme Court barristers available in all stages of proceedings gives a great advantage.

Legal 500, 2021