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As a cross-border litigation lawyer and Dutch commercial lawyer at MAAK Advocaten in Amsterdam, I advise and litigate in cross-border commercial disputes: whether a Dutch court has jurisdiction, which court and law apply, how documents are served and whether a foreign judgment can be enforced here. Where you can sue, and where you can collect, depends on your contract.
I work together with our litigation and arbitration team; my own profile is on the page cross-border contracts lawyer in the Netherlands. The rules themselves are explained in Dutch jurisdiction in international disputes and enforcing a foreign judgment in the Netherlands; this page is about the moment you need a lawyer.
Can a Dutch court hear your cross-border dispute?
Yes, in principle, if the other party is domiciled in the Netherlands (Article 4(1) Regulation (EU) No 1215/2012). Delivery of goods in the Netherlands can also give a Dutch court jurisdiction over a party domiciled in another Member State (Article 7(1)(b)).
For a defendant outside the EU, each Member State applies its own rules (Article 6(1)); in the Netherlands those are articles 1 to 14 of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv), which give way to EU regulations and treaties (Article 1 Rv). Our article on Dutch jurisdiction in international disputes explains the grounds. What matters here is that the answer turns on your contract: the place of delivery, any agreement to the contrary and your correspondence.
Important: Suppose you receive a Dutch summons and file a defence on the merits first. A jurisdiction defence must be raised before any defence on the merits, on penalty of forfeiture (Article 11 Rv). Have a Dutch lawyer review the summons and your contract before you file anything.
Does a choice-of-court clause decide where you litigate?
Usually, yes. If the parties agreed that the courts of a Member State have jurisdiction, those courts have it, exclusively unless agreed otherwise, provided the clause is in writing or meets another form in Article 25(1) of Regulation (EU) No 1215/2012.
The clause is treated as independent of the other terms of the contract (Article 25(5)). Rome I does not decide this question: it excludes choice-of-court agreements from its scope (Article 1(2)(e) Regulation (EC) No 593/2008). For a clause that designates a court outside the EU, the answer depends on where the defendant is domiciled and on treaties; the EU has approved the Hague Convention of 30 June 2005 on Choice of Court Agreements (Article 1 Decision 2014/887/EU). Only where no regulation or treaty applies do the Dutch rules decide, for example that a Dutch court has no jurisdiction if the parties exclusively designated a foreign court (Article 8(2) Rv).
Whether your clause is exclusive, was validly agreed amid conflicting general terms and covers your claim depends on its wording and on how the contract came about. I assess that per file before a forum is chosen.
Which law will govern your contract in a Dutch court?
The law the parties chose, expressly or clearly demonstrated by the contract or the circumstances (Article 3(1) Regulation (EC) No 593/2008). Without a choice, in principle a sale of goods follows the seller’s law and a distribution contract the distributor’s (Article 4(1)(a), (f)).
Exceptions exist, among them a manifestly closer connection with another country (Article 4(3)). If the parties chose a law but all other elements lie in one other country, that country’s mandatory provisions still apply (Article 3(3)).
For the international sale of goods, the UN Sales Convention (CISG) can apply before national law: it covers sales between parties whose places of business are in different Contracting States (Article 1(1)(a) CISG), and the parties may exclude it (Article 6 CISG). Whether it applies to your contract depends on the countries involved and on the clauses. The competent court and the governing law are separate questions and can point to different countries.
Do you have a contract with a foreign counterparty and a dispute coming? Tell me about your situation: I will tell you which questions need an answer first.
How are legal documents served on a company abroad?
Within the EU, Regulation (EU) 2020/1784 governs the cross-border service of judicial documents in civil or commercial matters (Article 1(1)). With the exception of Article 7, it does not apply if the address of the person to be served is unknown (Article 1(2)).
When a defendant domiciled in one Member State does not appear in another, the court must stay the proceedings until it is shown that the defendant could receive the summons in time to arrange a defence (Article 28(2) Regulation (EU) No 1215/2012). Where the document had to be transmitted between Member States under the service regulation, Article 28(3) applies Article 19 of its predecessor, Regulation (EC) No 1393/2007, instead. And a default judgment can be refused recognition if the defendant was not served in sufficient time and in a way that allowed a defence, unless the defendant failed to challenge it when it was possible (Article 45(1)(b)). Service on a defendant outside the EU follows other rules, which I check per case.
Important: Suppose you obtain a default judgment against a customer abroad after serving a summons at an old address. Recognition can be refused if service was not in time and in a way that allowed a defence, subject to conditions (Article 45(1)(b) Regulation (EU) No 1215/2012). Have a Dutch lawyer check the service route before you start proceedings, not after the judgment.
Can you enforce a foreign judgment in the Netherlands?
Within the EU, yes: a judgment from another Member State is enforceable without a declaration of enforceability (Article 39 Regulation (EU) No 1215/2012). Other foreign judgments need leave, and only a treaty or statute can make them enforceable (Articles 431(1), 985 Rv).
Recognition of an EU judgment needs no special procedure (Article 36(1)). For enforcement you provide a copy and the certificate issued under Article 53 (Article 42(1)), which is served on the debtor before the first enforcement measure (Article 43(1)). Enforcement follows Dutch law, under the same conditions as a Dutch judgment (Article 41(1)). The debtor can ask for refusal on limited grounds, such as a manifest conflict with public policy or an irreconcilable judgment (Articles 45(1) and 46).
For other judgments, leave is requested by a petition filed by an advocate, a lawyer admitted to the Dutch bar (Article 986(1) Rv), with an authentic copy and documents showing that the judgment is enforceable in the country where it was given (Article 986(2) Rv). The Dutch court does not re-examine the merits (Article 985 Rv). If no treaty or statute makes the judgment enforceable here, the dispute can be litigated again before a Dutch court (Article 431(2) Rv). Arbitral awards fall outside the Regulation (Article 1(2)(d)); see our page on the enforcement of foreign arbitral awards.
Important: Suppose you plan to sue a Dutch debtor in a court outside the EU because your contract says so. If no treaty or statute makes that judgment enforceable in the Netherlands, enforcement as such is barred and the case can be heard again here (Article 431 Rv). Have a Dutch lawyer check enforceability before you choose the forum, not after you have won.
Can you freeze assets in the Netherlands while the case runs elsewhere?
Yes, in principle. Dutch courts can order provisional, including protective, measures available under Dutch law even if the courts of another Member State decide the merits (Article 35 Regulation (EU) No 1215/2012; Article 13 Rv).
An attachment before judgment (conservatoir beslag) requires leave from the preliminary-relief judge (voorzieningenrechter) (Article 700(1) Rv). Unless a main action is already pending, leave is granted on condition that the action is brought within a period set by the judge, at least eight days after the attachment; exceeding it ends the attachment (Article 700(3) Rv). Where there is no other route to a Dutch enforceable title, the main claim can be brought before the court that granted leave (Article 767 Rv). Our page on pre-judgment arrest of assets explains the instrument itself.
Whether attachment makes sense depends on where the assets are, what you can show and which proceedings follow.
When do you need a Dutch lawyer for a cross-border dispute?
Before you file or answer anything in a Dutch court, before you rely on a court clause and before you start enforcement or attachment here. In each case a formal requirement or deadline can limit your options (Articles 11, 700(3) and 986(1) Rv).
| Your situation | What is at stake | Why a lawyer | What needs to be assessed |
|---|---|---|---|
| You receive a Dutch summons, or want to sue a Dutch party | A jurisdiction defence comes before defences on the merits (Article 11 Rv); jurisdiction grounds in Articles 4 and 7 Regulation (EU) No 1215/2012 | A first step on the merits can cost you the jurisdiction defence | Jurisdiction grounds, contract and terms, and the deadlines |
| Two sets of terms name different courts | Whether a clause meets Article 25(1) Regulation (EU) No 1215/2012; for courts outside the EU, treaties and, failing those, Article 8 Rv | The outcome turns on the wording and on how the contract came about | The clauses and the correspondence, before a forum is chosen |
| You hold a foreign judgment against a debtor in the Netherlands | EU: Articles 39 and 45 Regulation (EU) No 1215/2012. Other: Articles 431 and 985 Rv | Leave for a non-EU judgment is requested by an advocate (Article 986(1) Rv) | The enforcement route and, if the court requires them, legalisation and translations (Article 986(3) Rv) |
| Your debtor has assets in the Netherlands | Leave of the preliminary-relief judge and a deadline for the main action (Article 700 Rv); Article 35 Regulation (EU) No 1215/2012 | The attachment lapses if the main action is not brought in time (Article 700(3) Rv) | Whether to attach, the leave petition and the main proceedings that must follow |
| A default judgment abroad, or service on a foreign party | Article 1 Regulation (EU) 2020/1784; Articles 28(2), 28(3) and 45(1)(b) Regulation (EU) No 1215/2012 | Service in sufficient time, and in a way that allows a defence, decides whether the judgment holds up abroad | The service route before filing, and the foreign proceedings |
What does this look like in practice?
Suppose a company outside the EU sold machine parts to a buyer in Belgium and delivered them in Rotterdam. The buyer stops paying. The supplier’s terms name its home courts; the buyer’s order refers to the Dutch courts.
Four questions need an answer before anything is filed: which court clause applies, whether delivery in the Netherlands gives a Dutch court jurisdiction (Article 7(1)(b) Regulation (EU) No 1215/2012), which law governs the sale (Rome I or the CISG, Article 4(1)(a) Rome I, Article 1(1) CISG) and where the buyer has assets that could be attached (Article 700 Rv). This is a hypothetical illustration, not a MAAK Advocaten matter.
How do I work on cross-border disputes at MAAK Advocaten?
I advise and litigate in cross-border commercial disputes: I negotiate, take part in mediations and conduct civil proceedings before Dutch courts. I work together with our litigation and arbitration team, and MAAK Advocaten litigates in first instance and on appeal.
Which route fits, whether to negotiate, mediate or litigate and where, depends on the contract, the clauses and where the assets are.
Frequently asked questions about cross-border litigation in the Netherlands
What comes first if a Dutch court summons you in a cross-border dispute?
Speak to a Dutch lawyer before you file a defence. A jurisdiction defence must be raised before any defence on the merits (Article 11 Rv), and whether a Dutch court has jurisdiction at all depends on the regulation or on the Dutch rules (Articles 4 and 7 Regulation (EU) No 1215/2012; articles 1 to 14 Rv).
Which law applies if the contract does not say?
For contracts concluded after 17 December 2009, Regulation (EC) No 593/2008 applies (Article 28). Without a choice of law, in principle a sale of goods follows the law of the seller’s habitual residence and a distribution contract that of the distributor (Article 4(1)(a), (f)). Special rules (Articles 5 to 8) and a manifestly closer connection (Article 4(3)) can change this.
Is a foreign judgment automatically enforceable in the Netherlands?
Within the EU, yes: a judgment from another Member State is enforceable without a declaration of enforceability (Article 39 Regulation (EU) No 1215/2012). For other foreign judgments, Dutch law requires leave under Articles 985 to 994 Rv, and only a treaty or statute can make them enforceable (Article 431(1) Rv).
How long do I have to start the main proceedings after an attachment?
When a Dutch judge grants leave for an attachment before judgment, the judge sets the period for the main action. It is at least eight days after the attachment, unless proceedings are already pending, and exceeding it ends the attachment (Article 700(3) Rv). The judge can extend the period if you ask before it expires.
Do I need a Dutch lawyer to enforce a foreign judgment here?
For a non-EU judgment, the petition for leave must be filed by an advocate, a lawyer admitted to the Dutch bar (Article 986(1) Rv). For an EU judgment you need no authorised representative in the Netherlands unless one is mandatory irrespective of nationality or domicile (Article 41(3) Regulation (EU) No 1215/2012). Enforcement itself follows Dutch law (Article 41(1)).
When should I contact a Dutch lawyer about a cross-border dispute?
Before you file or answer a summons, rely on a court clause, or start enforcement or attachment in the Netherlands. Each step has formal requirements and deadlines, such as Article 11 and Article 700(3) Rv. At MAAK Advocaten I advise and litigate in these disputes, together with our litigation team.
Legal framework and sources
- Regulation (EU) No 1215/2012 (Brussels I recast), CELEX 32012R1215, OJ L 351, 20.12.2012, Articles 1, 4, 6, 7, 25, 28, 35, 36, 39, 41, 42, 43, 45, 46
- Regulation (EC) No 593/2008 (Rome I), CELEX 32008R0593, OJ L 177, 4.7.2008, Articles 1, 3, 4, 28
- Regulation (EU) 2020/1784 (service of documents, recast), CELEX 32020R1784, OJ L 405, 2.12.2020, Article 1
- Council Decision 2014/887/EU (approval of the Hague Convention of 30 June 2005 on Choice of Court Agreements), CELEX 32014D0887, OJ L 353, 10.12.2014, Article 1
- United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), Articles 1 and 6
- Netherlands: Wetboek van Burgerlijke Rechtsvordering, Articles 1, 8, 11, 13, 431, 700, 767, 985, 986
Facing a cross-border dispute that may end up before a Dutch court, or a foreign judgment you need to enforce here? Tell me about your situation through my profile page. — Max Schwillens
