Investment treaty arbitration—Netherlands—Q&A guide

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Investment treaty arbitration—Netherlands—Q&A guide
  • 1. What is the prevailing attitude towards foreign investment?
  • 2. What are the main sectors for foreign investment in the state?
  • 3. Is there a net inflow or outflow of foreign direct investment?
  • 4. Describe domestic legislation governing investment agreements with the state or state-owned entities.
  • 5. Identify and give brief details of the bilateral or multilateral investment treaties to which the state is a party, also indicating whether they are in force.
  • 6. If applicable, indicate whether the bilateral or multilateral investment treaties to which the state is a party extend to overseas territories.
  • 7. Has the state amended or entered into additional protocols affecting bilateral or multilateral investment treaties to which it is a party?
  • 8. Has the state unilaterally terminated any bilateral or multilateral investment treaty to which it is a party?
  • 9. Has the state entered into multiple bilateral or multilateral investment treaties with overlapping membership?
  • More...

arbitration'>Investment treaty arbitration—Netherlands—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to investment treaty arbitration in Netherlands published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: NautaDutilh—Carlos Vejar; Laura Yvonne Zielinski; Juan Pablo Moyano; Josafat Paredes; Daniel Jimenez

1. What is the prevailing attitude towards foreign investment?

The prevailing attitude of the Dutch government towards foreign investment has always been favourable, as foreign investment is considered to benefit the domestic economy and the labour market. According to the Dutch national statistical office, Statistics Netherlands (CBS), the Netherlands is among the top five states worldwide with respect to inbound direct foreign investments. An important factor is the attractive investment climate that exists in the Netherlands.

2. What are the main sectors for foreign investment in the state?

The main sectors include wholesale and retail trade, services, agriculture, IT, chemicals, high tech systems, life sciences.

3. Is there a net inflow or outflow of foreign direct investment?

In 2019, the Netherlands was the second largest foreign investor in the world (preceded only by the United States), with €2,498 billion in direct investments abroad. As for the inbound direct foreign investments, the Netherlands was fifth worldwide with €1,768 billion. These figures do not include investments through special financial institutions.

4. Describe domestic legislation governing investment agreements with the state or state-owned entities.

There is no specific

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