In construction arbitration, arbitrators decide a building dispute on the basis of a valid arbitration agreement. A construction contract may refer to the Raad van Arbitrage in bouwgeschillen, but that agreement’s validity and scope require examination. This guide focuses on preparing possible RvA proceedings: jurisdiction, submissions, technical evidence, budgeting and urgency. For a general comparison of dispute routes, start with the guide to construction dispute procedures.
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1. Locate the arbitration agreement and exact parties
Begin with the contract providing for arbitration. This may be a separate clause or a provision in applicable general terms. Collect the complete text, contract date and evidence of acceptance. Check the institution named and the disputes covered. Reference to another scheme or merely an agreement to discuss matters first does not automatically confer authority on the RvA.
State the claimant’s and respondent’s legal names and explain their contractual relationship. This is essential where several contractors, owners or group companies are involved. An arbitration clause in the main agreement does not bind every subcontractor without further investigation. Also determine which version of the arbitration rules applies. The substantive construction agreement and procedural rules each serve their own purpose; keep both in the file your lawyer starts with.
2. Address doubts about jurisdiction immediately
If you receive a claim while disputing the arbitration agreement, do not respond solely to the technical merits. The RvA states that a jurisdictional objection must be raised before any other defence. Have the structure of your first response assessed immediately. Failing to appear because you consider the RvA without jurisdiction is not a safe way to explain and substantiate your position.
Consumers face additional questions about general terms, a potentially unfair arbitration clause and the opportunity to choose the civil courts. The RvA describes a special check for this. Collect the original terms and every message in which the business invoked arbitration. Do not conclude from one missing passage or a standard letter that jurisdiction either exists or is absent. Request a separate assessment before submitting the substantive defence.
3. Formulate precisely what the arbitrators must decide
A list of disappointments is not yet a clear claim. Describe the result sought: payment of particular instalments, repair of specified defects, compensation for demonstrable loss or another decision. Connect each part with facts and evidence. Identify established amounts and items still needing investigation. The opposing party must understand what requires an answer, and the tribunal must know which decision is requested.
A counterclaim deserves the same preparation. Compare a claimed final instalment, for example, with your objection about handover and separately budgeted repair costs. Show whether you dispute payment, seek set-off or want an order in your own favour; these positions are not interchangeable. Your lawyer can assess the legal structure. Provide earlier promises and settlement proposals too, so unexpected admissions or agreements do not remain outside the file.
4. Make technical documents understandable and verifiable
Organise drawings, reports and photographs around the specific dispute points. A large unexplained folder forces others to guess which image supports your position. Use a defect register recording location, observation, contractual requirement, suspected cause and requested investigation. Separate established measurements from assumptions. Retain original files and state when and under what conditions investigations took place, especially if the works are changing meanwhile.
Discuss further expert investigation needed before repairs. The arbitrators’ technical experience does not remove your own obligation to prepare evidence. An investigation may establish why a roof leaks, while legal responsibility then depends on design and execution agreements. Where appropriate invite relevant parties to a joint inspection and record their responses. Notify prior emergency repairs carefully, protecting safety while documenting the former condition as thoroughly as possible.
5. Budget separately for the deposit, assistance and investigation
The RvA requires a deposit and determines procedural costs. Prepare an up-to-date budget before filing, based on the financial interest, procedure and expected work. Add your own legal assistance, technical investigation and any measures required. Do not treat an amount from another case as a fixed tariff for yours. Ask who must pay an advance and whether additional funds may be required during proceedings.
A costs order likewise does not automatically mean every euro spent will be reimbursed or actually received. Discuss which part you can claim and the substantiation required. The RvA notes that certain special procedural costs must be expressly claimed. Consider the opposing party’s financial position and disclose any legal expenses cover. A legally strong claim may require another approach where advance funding or recovery presents a real problem.
6. Support urgency with the measure needed
The RvA offers different procedures, including interim relief and expedited proceedings on the merits. The choice begins with identifying what cannot wait for ordinary handling. Examples include access to closed-off works, protecting a structure or a decision needed to limit consequential loss. Describe when the problem arises, its specific consequences and the temporary or final measure you request.
Ask your lawyer which procedure is available and suitable, and which documents are needed immediately. An urgent wish guarantees neither a particular hearing date nor an outcome. Keep a practical contingency plan for safety and preserving evidence. If a bank guarantee or temporary working arrangement can reduce urgency, record its conditions carefully. The RvA publishes general information about durations, but capacity, the defence and your case’s particular features determine its actual timetable.
7. Fictional scenario: repair claim alongside an unpaid final instalment
Suppose a business client seeks facade repairs while a contractor claims the final instalment. The contract refers to the RvA, but the client has an amended copy of the terms. Scaffolding will be removed in a few weeks. This invented example first requires comparison of contractual documents, then a clear distinction between payment, repairs and any damages. The scaffolding removal date may also matter for evidence.
Focused instructions to the lawyer include the clause, both versions, invoices, inspection report and schedule. Seek advice first on jurisdiction and preserving evidence, then on the claim, budget and possible settlement. Following an arbitral award, potential remedies and enforcement require separate assessment; arbitration does not provide an unlimited second chance in the ordinary courts. Put that follow-up question on the agenda early so you know which decision or payment will actually be needed after the award.
Frequently asked questions
Can I ignore an RvA letter if I never agreed to arbitration?
No. Have how and when to challenge jurisdiction assessed immediately. The RvA states that this must be done before any other defence.
Will I recover all my lawyer’s fees if I win?
That is not guaranteed. Have procedural costs, your own assistance, special costs and recovery prospects budgeted and assessed separately.
Can construction arbitration address urgent matters?
The RvA offers interim relief and expedited merits proceedings, among other routes. Suitability, availability and the required substantiation depend on the measure requested and your file.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- RvA — bevoegdheidsincident Accessed: 2026-10-23
- RvA — waarborgsom en kosten Accessed: 2026-10-23
- RvA — veelgestelde vragen Accessed: 2026-10-23
- Rechtspraak — arbitrage Accessed: 2026-10-23
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Editorial team Construction law in the Netherlands
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