Arbitrator & Mediator
Nationality: Dutch
Languages: English (fluent), Dutch (native), French and German (working knowledge)
Marieke Witkamp is an independent international arbitrator and mediator with over 20 years of experience across judicial, arbitral, and advisory roles. Originally trained as a commercial judge in the Netherlands, she later developed an arbitration practice spanning Europe, the United States, and the Middle East. She holds an LLM in Dutch and US law and is admitted to the Texas Bar, bringing together civil law and common law perspectives with a strong grounding in international commercial arbitration.
Her professional background includes extensive service as a commercial and maritime judge, alongside experience in private practice and in-house roles within the energy and infrastructure sectors. She has presided over and participated in a significant number of complex domestic and international disputes, both as a judge and as an arbitrator, with proceedings seated in the United States, the United Kingdom, continental Europe, and the Middle East under the rules of the ICC, ICDR, AAA, NAI, LMAA, SMA, UNUM Transport and UNCITRAL ad hoc rules. This breadth of experience informs a pragmatic, structured, and commercially focused approach to dispute resolution.
As an arbitrator, Marieke is recognised for efficient case management, procedural fairness, and clear, well-reasoned awards. Her practice encompasses a wide range of commercial disputes, with particular depth in maritime and transport, energy, construction, insurance, and post-M&A matters. She is listed on the rosters of leading arbitral institutions in Europe, the United States, the Middle East, and Asia, and conducts proceedings fluently in Dutch and English, with working knowledge of French and German.
Marieke decided over 50 cases about delay, breach of contract (including defects), and variation and costs issues related to commercial, residential, and infrastructure construction projects. These disputes related to excavation and foundation works, painting work, concrete work, electrical work, roofing work, heavy construction work, HVAC work, plumbing work, isolation works, road construction work, exterior terrain works, condo and coop renovations, high-rises, public buildings, and energy infrastructure projects. Marieke decided a 20 million EUR design damages claim related to construction of performing arts center with 4 theatre and concert halls in major Dutch city. She is also familiar with offshore construction contracts, including shipbuilding and ship repairs. As construction attorney in the Middle East, Marieke represented clients in various ICC arbitrations related to World Cup 2022 infrastructure and stadium works, and public buildings, involving FIDIC contracts. She also acted for a major international consulting engineer in an ICC arbitration relating to variations and unpaid fees for architectural design detailing services on one of the major civil works contracts on one of the Doha Metro railway line projects. Value of ICC cases was 20 million USD and up.
Marieke acted as in-house counsel for biggest LNG terminal in the Netherlands and for the production company that operates the biggest onshore non-associated gas field in Europe. Marieke negotiated a EPC construction contract for break-bulk LNG facilities and break-bulk LNG terminal operation contracts. She set up gas production claims scheme and handled over 50 claims. As a judge and arbitrator, Marieke decided more than 30 energy disputes. She is experienced in liquefied natural gas agreements, storage agreements, oil and gas operations, joint operating agreements, electricity/grid agreements, pipeline survey agreements, and construction of windfarms (including defects to windmill rotor blades).
As a judge, Marieke decided more than 100 insurance coverage disputes related to a wide range of insurances, including general and professional liability insurances, healthcare insurances, Directors & Officers insurance, fraud insurance, cyber security insurance, Machinery (liability) insurance, CAR insurance, property insurance and all forms of maritime insurances. Marieke decided claims that went up to Fourth Insurance Layer.
Marieke decided cases involving breach of contract and payment disputes, conversion, fraud, rescission, and breach of fiduciary duty. She interpreted contracts under various applicable laws, including various US laws, English law, Dutch law, Belgium law and Polish law. She is familiar with many types of contracts, including franchising, hospitality, entertainment, (pharma) distribution agreements, financial services contracts, various technology agreements, management services agreements, sale and purchase agreements (including CISG disputes), and post M&A contracts (including earn-out payments, shareholder disputes, and compliance with contribution agreements).
Marieke handled multiple managed care and payor-provider disputes. She decided cases about the following issues: non- or under payment of health providers, prior authorization/approval of treatment, medical necessity of care, reasonable & customary fees, out-of-network providers, evidence-based medicine, sampling and extrapolation of claims, and pharma distribution agreements. Marieke is experienced in interpretation of (insurance) healthcare contracts and statutory healthcare regulations. She also obtained a proper understanding of the healthcare industry because of deciding medical professional negligence cases.
Marieke was one of the four maritime district judges in the Netherlands and continues to decide maritime cases as arbitrator. She is an Aspiring Full Member of the London Maritime Arbitrators Association and holds the CIArb Diploma in International Maritime Arbitration. Marieke decided cases relating to cargo and bills of lading disputes, charter parties (dealing with laytime/demurrage, off-hire, termination), ship building and ship repair agreements, bunker oil disputes, sale of goods (including CISG cases), ship purchase agreements, offshore construction agreements and port operations. Marieke also dealt with inland shipping and road transport disputes.
Many of Marieke’s maritime judgments have been included in legal and industry journals. Four of her cases about maritime international treaties have been included in the CML CMI database of the National University of Singapore. See: CMA CGM Alcazar, Seachill UK Ltd v Samskip Logistics BV , Julietta D and the Pechora Star, the Oostzee and Lady Ariette.
As a judge and arbitrator, Marieke handled over 20 technology related disputes. She decided several cases related to Software as a Service (SaaS) products in the healthcare and transport sector. She dealt with development of software applications, cyber-security claims, crypto currencies disputes, disputes involving telecommunications companies and license termination and payment issues.
Arbitrator appointments – most recent:
Co-arbitrator, ICC matter, Russia seat and governing law, related to a shipbuilding dispute within sanctions context with value over 40 million EUR
Sole arbitrator, AAA matter, Texas seat and governing law, related to defects to a residential construction project
Co-arbitrator, LMAA matter, London seat and English governing law, related to ship purchase agreement
Sole arbitrator, AAA matter, Texas seat and governing law, related to a dispute between a healthcare service provide and an insurance company
Sole arbitrator, AAA matter, Texas seat and governing law, related to dispute about termination of telecommunications contract
Sole arbitrator, AAA matter, Texas seat and governing law, related to interpretation of a Software as a Service contract
Sole arbitrator, NAI matter, Dutch seat and governing law, related to a ship repair agreement
Emergency arbitrator, NAI matter, Dutch seat and governing law, related to shareholder dispute and breach of confidentiality provisions
Sole arbitrator, various SMA matters, NY seat and governing law, related to payment of bunker oil supplies
Sole arbitrator, various LMAA matters, London seat and English governing law, related to charter party issues
Sole arbitrator, various LMAA matters, London seat and English governing law, related to payment of bunker oil supplies
Sole arbitrator, LMAA matter, London seat and English governing law, related to liability of directors for non-payment of LMAA award
Sole arbitrator, LMAA matter, London seat and English governing law, related to liability of directors for non-payment of LMAA award
Sole arbitrator, AAA matter, Texas seat and governing law, related to a professional negligence claim against attorney involving tax payment of 15 million USD
Sole arbitrator, AAA matter, California seat and governing law, related to crypto-currency and cyber-security dispute
Co-arbitrator, UNUM Transport matter, Dutch seat and applicable law, related to offshore maritime operations
Sole arbitrator, AAA matter, Nevada seat and governing law, related to breach of credit services agreement
Sole arbitrator, AAA matter, Texas seat and governing law, related to cyber-security claim against telecommunications provider
Co-arbitrator, UNUM Transport matter, Dutch seat and applicable law, related to termination of port operations agreement
Sole arbitrator, AAA matter, Texas seat and governing law, related to defects in real estate property
Sole arbitrator, ICDR matter, Washington seat and governing law, related to termination of e-commerce business services agreement
Sole arbitrator, NAI matter, Dutch seat and governing law, related to post M&A dispute and earn-out provisions
Co-arbitrator, NAI matter, Dutch seat and governing law, related to termination of investment services agreement
Co-arbitrator, ad hoc matter, Dutch seat and governing law, related to contamination of cargo
Sole arbitrator, LMAA matter, London seat and English governing law, related to payment of general average payments and detention of cargo
Presiding arbitrator, NAI matter, Dutch seat and governing law, related to shareholders dispute and dissolution of company
Presiding arbitrator, NAI matter, Dutch seat and governing law, related to post M&A dispute and compliance with contribution payments
Presiding arbitrator, NAI matter, Dutch seat and governing law, related to compliance with sale and purchase agreement
Presiding arbitrator, NAI matter, Dutch seat and governing law, related to post M&A dispute and earn-out provisions with 15 million EUR value
Emergency arbitrator, NAI matter, Dutch seat and governing law, related to shareholder dispute and voting rights
Presiding arbitrator, NAI matter, Dutch seat and governing law, related to interpretation of railway infrastructure services agreement
Co-arbitrator, NAI matter, Dutch seat and governing law, related to post M&A dispute and earn-out provisions with 10 million EUR value
Sole arbitrator, NAI matter, Dutch seat and governing law, related to ownership claims in real estate property
As Counsel:
Acting for a major international consulting engineer in an ICC arbitration relating to variations and unpaid fees for architectural design detailing services on one of the major civil works contracts on one of the Doha Metro railway line.
Acting for an MEP subcontractor on an ICC arbitration for claims for variations, delay and disruption relating to the construction of an iconic public building in Qatar.
Acting for a subcontractor bringing a claim in ICC arbitration relating to delay, disruption and unpaid variations relating to the construction of roads in Qatar.
Acting for a quasi non-governmental Qatari organization, advising on dispute avoidance concerning the termination of a contract for supply of specialist IT and audio equipment for 2 mega yachts.
Advising a major international design practice on claims and counterclaims arising out of a landmark cable-stayed and bascule bridge project in Qatar, being litigated in the Qatar courts.
Advising a master franchisor in the food and beverage industry in disputes regarding misuse of its IP rights and trade marks with franchisees in Qatar, Egypt and Kuwait.
Academic:
University of Houston, Master of Law (LLM) in US Law
Erasmus University Rotterdam, Rotterdam, the Netherlands, Master o. f law (LLM) in Dutch Law
Lucci Smith Law PLLC / Bain & Bain Law, USA – 2015–2017
NAM (Shell / ExxonMobil JV), the Netherlands – 2014
NV Nederlandse Gasunie, the Netherlands – 2012–2013
Aspire Zone Foundation (President’s Office), Qatar – 2011–2012
Local Organizing Committee – AFC Asian Cup, Qatar – 2010–2011
Simmons & Simmons, the Netherlands – 2006–2007
Traineeship of the Dutch Judiciary – 2003–2008
Memberships
CIArb, Fellow
Dutch Arbitration Association, Chair of the DAA Energy Committee
Texas Bar
London Maritime Arbitration Association, Aspiring Full Member
American Bar Association
London Court of International Arbitration Member
ArbitralWomen
Houston Maritime Arbitration Association, Advisory Board Member
Marieke is admitted to the following Panels of Arbitrators:
AAA, ICDR (USA),
ICC (Netherlands & USA),
SIAC (Singapore)
DIAC (UAE)
ArbitrateAD (UAE),
QICCA (Qatar)
PinqDR
Netherlands Arbitration Institute
Danish Arbitration Institute
London Maritime Arbitrators Association (Aspiring Full Member)
UNUM Transport Arbitration & Mediation (the Netherlands)
Houston Maritime Arbitrators Association (USA)
Publications
“LexisNexis Practice Notes on Dutch Arbitration Practices”, LexisNexis, (2026)
“Beslechting van Zakelijke Geschillen in 2050” (Resolution Commercial Disputes in 2050), Maandblad voor Vermogensrecht (2025)
“European International Commercial Courts: An Interesting Addition to the Dispute Resolution Scene”, ABA Litigation Sect.(2025)
“Facilitating Settlements by an Arbitral Tribunal – a Best Practice from Continental Europe”, Texas Bar International Law Section Global Law Review (2025)
“MUR Shipping – A Comparative Analysis” (co-authored with James M. Turner KC), Lloyd’s Journal for Trade & Shipping 2024/10 (2024)
"The Exclusive Competence of the Court of Rotterdam in Maritime Cases," Journal for Transport and Law (Tijdschrift Vervoer en Recht) 2023/6 (2023)
“Internationalizing Domestic Courts in Europe: Procedure, Function, Organization”, chapter in “International Commercial Courts: The Future of Transnational Adjudication” by Cambridge University Press (2022)
“The guide to Challenging and Enforcing Arbitration Awards, Qatar chapter”, Global Arbitration Review (2019)
“ADR in Qatar - A New Law, A New Regional Seat of Choice, and a New Era”, Lexis Middle East Law (2018)
+44 (0)207 936 7070 
