Marieke Witkamp, FCIArb

Independent Arbitrator, Arbitra International

Marieke Witkamp is an international arbitrator based in Houston, TX. She has worked on 3 continents and has over 20 years of dispute resolution experience. She has gained her dispute resolution experience as (i) a commercial judge at the court of Rotterdam in the Netherlands, (ii) an arbitration attorney in Qatar with K&L Gates, (iii) as (foreign) lawyer at a boutique litigation firm in Houston, TX and as (iv) in-house counsel in the Dutch energy industry and Qatar’s sports industry.

Marieke has an LLM in Dutch and US law, is licensed in Texas and the Netherlands and is a Fellow of the Chartered Institute of Arbitrators.

Marieke has been appointed as arbitrator in 40+ cases. She is known for well-managed, efficient, and fair proceedings and for writing well-reasoned awards. For this reason, she is often asked as Chair of an arbitral tribunal. Marieke is included in arbitrator rosters around the world, including: AAA-ICDR, LCIA, DIAC, ArbitrateAD, the Netherlands Arbitration Institute and Houston Maritime Arbitrators Association. She is an Aspiring Full Member of the LMAA.

Contributed to

4

Challenging jurisdiction and anti-suit injunctions in the Netherlands

Practice Notes

This Practice Note considers the issues of arbitral jurisdiction in the Netherlands and discusses the options available to the party seeking to stop the court proceedings.IntroductionWhen court litigation is started in the Netherlands in breach of an arbitration agreement, Dutch law is generally very protective of arbitration. The main framework is Book 4 of the Dutch Code of Civil Procedure (DCCP), which is also referred to as the Netherlands Arbitration Act.Challenging the jurisdiction of the courtChallenging the jurisdiction of the court is the primary and most effective mechanism for a party against whom court proceedings have been initiated contrary to the existence of an arbitration agreement.Articles 1022 DCCP (for Netherlands seated arbitrations) and 1074 DCCP (for foreign seated arbitrations) provide that the state court before which a dispute is brought must decide that it has no jurisdiction if a party timely invokes the existence of an arbitration agreement. The state courts will consider the arbitration agreement valid if it is valid either under the law agreed to be

Arbitration

Enforcement of arbitral awards in the Netherlands

Practice Notes

Enforcement of international (foreign) and domestic arbitration awards in the Netherlands, grounds for setting aside a domestic award, enforcing a foreign award, revocation, enforcement proceedings and grounds for refusal, enforcement pursuant to the ICSID Convention and limited grounds of challenge in accordance with the New York Convention

Arbitration

Interim measures in support of arbitration in the Netherlands

Practice Notes

This Practice Note considers the availability of interim and/or emergency measures (relief) in support of arbitration proceedings under the law of the Netherlands, how to apply to the tribunal for relief, and types of remedies and relief that could be ordered by the tribunal. The Practice Note also considers applications to the courts in the Netherlands for interim/emergency relief and remedies in support of arbitration and the jurisdiction of the courts in the Netherlands.

Arbitration

State Immunity and Arbitration in the Netherlands

Practice Notes

The concept of state immunity in the Netherlands, immunity from suit and enforcement, exceptions to and waivers of immunity.

Arbitration

Practice Area

Arbitration

Panel

Contributing Author

Qualified Year

2003

Experience

Court of Rotterdam, the Netherlands (full-time and substitute commercial judge) (2003 - 2025)
K&L Gates, Qatar (2017 - 2019)
NAM B.V., the Netherlands (2014 - 2014)
Gasunie B.V., the Netherlands (2012 - 2013)