Court or other proceedings

If parties do not succeed in settling their dispute out of court, the next step is to initiate court or other proceedings. There are several bodies to which a dispute can be submitted to obtain a decision. Court proceedings are not the only option; there are several alternatives, such as requesting a binding opinion.

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Court proceedings

Court proceedings are expensive and require legal representation by an attorney in most cases, except for proceedings before the subdistrict court. However, when it comes to ICT-related cases, the subdistrict court only hears claims for a maximum amount of €25,000.

The proceedings start with a summons, after which the claimant states their position and enters documents into evidence. This is followed by the (written) statement of defence by the other party. After that, a hearing is held that is attended by both parties.

In ICT cases, this is usually followed by an expert examination, for which the court appoints an ICT expert specialised in the subject of the dispute. The next step is then usually the judgment, unless the court deems it necessary to first conduct a written round or witness examination. The judgment is open to appeal.

Legal ICT has the necessary expertise and experience to assist you in these proceedings. If you need an attorney to represent you in court, ICT can advise you on this.

Proceedings at SGOA

The general terms and conditions of the sector organisation NLdigital, formerly Netherlands ICT, are widely used in the Dutch ICT sector. This means that parties cannot submit their dispute to the civil courts. Parties undertake to comply with the arbitration clause in Article 22 of the general terms and conditions drawn up by NLdigital, as implemented by the Dutch Foundation for the Resolution of Automation Disputes (SGOA).

The SGOA arbitrators are specialised in ICT issues. The parties each nominate an arbitrator from a list of experts from the ICT sector and lawyers specialising in ICT law. Usually three arbitrators are appointed.

The parties submit their positions in writing, after which an oral hearing is held. Judgment is usually rendered after the oral hearing. This judgment is binding and not open to appeal.

SGOA proceedings are relatively quick compared to civil proceedings. However, these proceedings are considerably more expensive than civil proceedings. You do not need an attorney in SGOA proceedings. Legal ICT has the necessary expertise and experience to assist you in these sometimes complex proceedings.

Other procedures and proceedings

Legal ICT can also assist you in other procedures and proceedings. This includes, for example, complaint procedures with the Dutch Advertising Code Committee, administrative procedures, such as objections and appeals to decisions of the Netherlands Authority for Consumers and Markets (ACM) and/or the Dutch Data Protection Authority (AP), and alternative dispute resolution (ADR) proceedings, such as those of the World Intellectual Property Organization (WIPO). In internet law, the WIPO proceedings are of great importance.

WIPO proceedings

WIPO proceedings are short and efficient proceedings for settling domain name disputes. They are also relatively inexpensive compared to court proceedings. For the extension .nl, these proceedings are handled by the Dutch Foundation for Internet Domain Registration (SIDN) and hence also referred to as SIDN proceedings.

Entrepreneurs are often confronted with domain names – sometimes of competitors, sometimes of affiliate marketeers – that resemble their trade name or domain name. As an entrepreneur, you want to be as findable as possible and stand up against the unlawful registration and use of domain names.

Legal ICT can competently assess such cases and send a written demand to the party to transfer the domain name. If the out-of-court process fails, Legal ICT can conduct the WIPO procedure on your behalf. It does not matter which extension is involved. Legal ICT has the necessary knowledge and experience with regard to proceedings at the WIPO.

Related dispute resolution services

Legal ICT offers various services, such as legal assistance in the out-of-court process, legal action against or defence in IP matters, and legal assistance in court proceedings, SGOA proceedings and WIPO proceedings.

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Advantages of legal assistance by Legal ICT

Professional: immediate expert support from experienced (litigation) lawyers.

Versatile: our legal advisers have studied a broad range of subjects and can perform a wide variety of tasks.

Creative: by taking a helicopter view, our lawyers can offer multiple solutions.

Reliable: our lawyers monitor deadlines and keep to their agreements.

Our legal advisors

Meet our legal advisors. They will be happy to assist your organisation with practical advice:

Beryl Hetharia

Legal Advisor

Caroline Cabezas

Legal Advisor

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For more information, call +32 (0)2 808 17 41. You can also leave a message using the form; one of our trainers will then contact you.

When you enquire about our services, we will always first arrange a non-binding introductory meeting by phone, at our office or at your premises.

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Dispute resolution & legal assistance

Almost every company has to deal with disputes. Legal ICT offers mediation, binding opinions, legal assistance in the out-of-court process, legal action against or defence in IP matters, and legal assistance in court proceedings.

Advice on domain names

Disputes on domain names, trademarks or trade names occur regularly. Even if the domain name is registered and used in good faith. Do you need advice on claiming or defending your domain name? Legal ICT can assist you with this.

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Would you like to set up a continuity or escrow arrangement for your organisation? Or have you been offered a continuity or escrow solution? Our specialists have years of experience in developing continuity and escrow solutions.