International trade law firm in the Netherlands

Published on 23 May 2022 · Last updated 25 October 2026

An international trade law firm in the Netherlands advises businesses on cross-border contracts and disputes under Dutch law. Typical questions are whether the UN Sales Convention applies (Article 1 CISG), whether your general terms bind a foreign partner (Article 6:247 Dutch Civil Code), which court or arbitral tribunal decides a dispute, and how a decision is enforced.

Our Dutch lawyers for commercial law advise on international sales, distribution and agency agreements and assist with complex legal problems in the Netherlands arising from cross-border transactions. See also our page on law offices in the Netherlands. Below we explain the main Dutch rules for international trade contracts and disputes, and what to look for when you choose a lawyer.

What is Dutch international trade law?

There is no single Dutch “trade code”. International trade law in the Netherlands combines two layers:

• Private law: the contract with your buyer, supplier, distributor or agent. If Dutch law governs, the Dutch Civil Code (Burgerlijk Wetboek) applies; a sale is defined in Article 7:1 Dutch Civil Code. For many international sales of goods between businesses, the UN Convention on Contracts for the International Sale of Goods (CISG, Weens Koopverdrag) applies. Disputes go to the Dutch courts under the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering), or to arbitration.
• Public law: customs duties, import VAT, export controls and sanctions. Many of these rules are set at European Union level; see the section on compliance below.

This page focuses mainly on the first layer: contracts and disputes in cross-border trade, which is where a Dutch commercial lawyer (advocaat) usually comes in.

Why work with a Dutch trade law firm?

A Dutch trade lawyer is useful when Dutch law governs your contract, when your counterparty or its assets are in the Netherlands, or when a dispute has to be decided by a Dutch court. In most cases before the Dutch courts, parties must be represented by a lawyer (advocaat). The main exceptions are cases before the cantonal judge (kantonrechter), where parties can litigate in person (Article 79 Dutch Code of Civil Procedure), and the defendant in summary proceedings (kort geding) (Article 255(1)).

A lawyer acts for you, not for both sides. Before you sign, a lawyer can review the contract and your general terms, check which law and which court apply, and point out deadlines. When a buyer does not pay or a supplier does not deliver, the lawyer can assess your position and act quickly. Advice at an early stage is usually much cheaper than a dispute.

How do you find a reputable international trade lawyer?

Start with referrals from business contacts, or search for Dutch trade law specialists. Then check the basics. Is the lawyer registered as an advocaat? Anyone can consult the public part of the register of lawyers (the tableau) free of charge (Article 8a(2) Advocates Act, Advocatenwet).

Then ask specific questions. Has the lawyer worked on cross-border contracts and on proceedings before Dutch courts or in arbitration? Can they work in English? Who will actually handle your matter, and how are the fees calculated? Ask for a written engagement letter that sets out the scope of the work and the fee arrangement.

Which services does a trade law specialist provide?

An international trade lawyer typically assists with:

• drafting and negotiating international sales, supply, distribution and agency agreements (contract law); a commercial agency agreement (agentuurovereenkomst) is regulated in Article 7:428 Dutch Civil Code onwards;
• general terms and conditions, and their use towards foreign customers and suppliers;
• choice-of-law, jurisdiction and arbitration clauses;
• collecting unpaid invoices from foreign buyers;
• court proceedings and arbitration about non-payment, defective goods, late delivery or termination (litigation);
• corporate questions, such as setting up a Dutch subsidiary or a joint venture (corporate law).

A good Dutch Trade Law Firm tailors this advice to your transaction. Tariff classification, export licences and sanctions screening are specialised fields. When you compare Dutch International Trade Lawyers, ask specifically whether they handle these matters themselves.

Which regulations govern international trade in the Netherlands?

For the contract side, these are the Dutch rules foreign businesses meet most often:

• Sale of goods: Book 7 of the Dutch Civil Code (Article 7:1 onwards) governs sales under Dutch law, but for many international sales of goods the CISG applies (see the next section).
• General terms and conditions: the Dutch rules on general terms (Articles 6:231-6:247 Dutch Civil Code) do not apply between businesses that are not both established in the Netherlands, whatever law governs the contract (Article 6:247(2)).
• Reasonableness and fairness: if Dutch law governs, a contractual rule does not apply to the extent that this would be unacceptable by standards of reasonableness and fairness (Article 6:248(2)). A juristic act that is contrary to good morals or public order is void (Article 3:40(1)).
• Commercial agents: the agency agreement is regulated in Article 7:428 onwards. A distribution agreement has no specific statutory regime; the general contract rules apply.
• Court proceedings and arbitration: the Dutch Code of Civil Procedure governs proceedings before the Dutch courts and arbitration in the Netherlands.

Customs, export controls and sanctions are discussed in the section on compliance below.

Does the CISG apply to your international sale of goods?

The CISG applies to contracts for the sale of goods between parties whose places of business are in different states, if those states are Contracting States, or if the rules of private international law lead to the law of a Contracting State (Article 1(1) CISG). The Netherlands is a Contracting State.

As a result, a contract between a Dutch seller and a buyer in another Contracting State is often governed by the CISG, even if the contract simply says that Dutch law applies. Parties can exclude the CISG or deviate from its provisions (Article 6 CISG). If you want the Dutch Civil Code to apply instead, exclude the CISG clearly in the contract.

One practical consequence: a buyer who finds that the goods do not conform to the contract must notify the seller, specifying the nature of the defect, within a reasonable time after discovering it or after the time it ought to have been discovered. In any event, the right is lost if notice is not given within two years after the goods were actually handed over, unless this is inconsistent with a contractual guarantee period (Article 39 CISG).

How do you obtain advice on Dutch trade law?

Advice usually starts with an intake. You describe the transaction or dispute and send the contract, the general terms and the relevant correspondence. The lawyer must tell you with whom you conclude the engagement and who will work on your matter (Article 7.5 Bar Regulation, Verordening op de advocatuur).

What you tell your lawyer in that capacity is covered by a statutory duty of confidentiality, unless the law provides otherwise (Article 11a Advocates Act). Agree in writing on the scope of the work, the fee basis and how often you will be invoiced.

Do your general terms and conditions apply to foreign business partners?

Many exporters assume that their Dutch general terms protect them abroad. The protective Dutch rules on general terms apply between businesses only if both are established in the Netherlands (Article 6:247(1) Dutch Civil Code). They do not apply between businesses that are not both established in the Netherlands, regardless of the law that governs the contract (Article 6:247(2)). What counts is the principal place of business or, if the contract is to be performed by another branch, that branch (Article 6:247(3)).

If Dutch law governs, a clause in your terms can still be set aside where applying it would be unacceptable by standards of reasonableness and fairness (Article 6:248(2)), or be void because it is contrary to good morals or public order (Article 3:40(1)). Whether the terms became part of the contract at all depends on the applicable law and, for sales of goods, often on the CISG.

Where no EU regulation or treaty governs jurisdiction (Article 1 Dutch Code of Civil Procedure), a jurisdiction clause in general terms can be proven by a document that refers to those terms, provided the other party accepted it expressly or tacitly (Article 8(5)). A clause choosing English-language proceedings before the Netherlands Commercial Court is stricter: the specific clause must be expressly accepted by the other party (Article 32a(1)).

Which court decides an international trade dispute?

In cross-border cases, the jurisdiction of the Dutch courts is first determined by treaties and EU regulations. Only where these do not apply do the rules in the Dutch Code of Civil Procedure decide (Article 1). Under those rules, the Dutch court has jurisdiction in cases started by a writ of summons if the defendant is domiciled or habitually resident in the Netherlands (Article 2).

Parties can also agree on a Dutch court, unless there is no reasonable interest in that choice (Article 8(1)). If they have chosen a foreign court exclusively, the Dutch court has no jurisdiction (Article 8(2)), with exceptions for individual employment contracts and certain consumer contracts (Article 8(3) and (4)).

If the parties have agreed to arbitration and a party invokes that agreement before submitting any other defence, the Dutch court declares that it has no jurisdiction, unless the arbitration agreement is invalid (Article 1022; for arbitration outside the Netherlands Article 1074).

What does a Dutch international trade attorney cost?

Dutch lawyers usually charge an hourly rate or a fixed fee for a defined task, sometimes with an advance payment. Ask for an estimate and agree the fee basis in writing before the work starts.

A pure “no cure, no pay” arrangement is not allowed. A Dutch lawyer may not agree that a fee is only charged if a certain result is achieved, or that the fee is a proportional share of the value of the result (Article 7.7(1) Bar Regulation). Exceptions apply to a debt-collection tariff that is customary and accepted within the legal profession (Article 7.8) and, under conditions, to personal injury and death cases.

In court proceedings you also pay court fees (griffierecht) under the Court Fees Act (Wet griffierechten burgerlijke zaken). The losing party is ordered to pay the costs of the proceedings, although the court can, for example, divide the costs if both parties lose on some points (Article 237(1) Dutch Code of Civil Procedure). The court sets the amount (Article 237(3)); in practice this often covers only part of the actual lawyer’s fees.

What should you look for when choosing a trade law adviser?

Price matters, but it should not be the deciding factor. Look for:

• registration as an advocaat and experience with proceedings before Dutch courts and in arbitration;
• experience with cross-border contracts, choice-of-law questions and dispute resolution procedures in the Netherlands;
• the ability to work in your language, usually English, including contracts and correspondence;
• clear information about strategy, risks, costs and who does the work;
• no conflict of interest with your counterparty.

Also ask about availability. In trade disputes, some deadlines are short, such as the period for notifying the seller of defects.

Which pitfalls should you avoid when selecting a firm?

Common legal pitfalls in cross-border trade are:

• relying on Dutch general terms against a foreign business partner, while the protective Dutch rules on general terms do not apply between them (Article 6:247(2) Dutch Civil Code);
• not realising that the CISG applies, for example to the notice of defects (Article 39 CISG);
• a jurisdiction or arbitration clause that is missing, unclear or not accepted in the required form;
• expecting a “no cure, no pay” arrangement from a Dutch lawyer, which is not allowed apart from the exceptions mentioned above (Article 7.7 Bar Regulation);
• waiting too long, so that rights are lost through late notice or limitation.

A short review of the contract and the general terms before signing usually prevents these problems.

What happens after you engage a Dutch trade lawyer?

After the engagement is confirmed, the lawyer reviews the documents and maps out your legal position: which law applies, which court or tribunal is competent, and which deadlines are running. You then agree on a strategy, for example renegotiating the contract, sending a demand letter or starting proceedings.

Keep your lawyer informed of new correspondence, and do not make statements to the other party on disputed points without consulting your lawyer first. Ask for a written summary of the next steps and the expected costs. Below we explain how a Dutch trade law firm handles cross-border disputes and how companies stay compliant with EU and Dutch trade rules.

How does a Dutch trade law firm handle cross-border disputes?

A Dutch international trade law firm resolves cross-border disputes through negotiation, mediation, arbitration, or litigation, choosing the route that fits the contract, the parties, and the amount at stake.

Most commercial conflicts begin with a demand letter and a round of settlement talks, because an early agreement usually costs far less than a full procedure. When talks break down, the firm advises on the forum that offers the fairest and most efficient outcome.

Clear contracts prevent many disputes before they start. Experienced trade lawyers draft choice-of-law and jurisdiction clauses, set delivery terms with the correct Incoterms, and spell out payment conditions and remedies for late or defective performance. When each party knows which law applies and where a claim must be brought, disagreements are settled faster and with fewer surprises.

For disputes that reach a formal stage, businesses can choose between the ordinary Dutch courts, arbitration (for example before the Netherlands Arbitration Institute) and the Netherlands Commercial Court (NCC). Parties can agree to submit existing or future disputes to arbitration (Article 1020 Dutch Code of Civil Procedure). The NCC is the international commercial chamber of the Amsterdam District Court and Court of Appeal. Parties can litigate there in English if the dispute is international, concerns a legal relationship at their free disposal and falls within the jurisdiction of the Amsterdam court, and if they have expressly agreed to it in writing. Cases for the cantonal judge are excluded (Article 32a(1)).

Enforcing a foreign decision depends on where it comes from. Unless an EU regulation or a treaty provides otherwise, a foreign judgment cannot be enforced in the Netherlands as such, apart from the procedure in Articles 985-994 for decisions that are enforceable under a treaty or statute and then require leave of the court (Article 431(1)); the case can, however, be brought again before the Dutch court (Article 431(2)). A foreign arbitral award to which a recognition and enforcement treaty applies can be recognised and enforced in the Netherlands on request (Article 1075). The greater value, though, often lies in preventing conflicts through sound regulatory compliance.

How do you stay compliant with EU and Dutch trade rules?

Businesses trading through the Netherlands must comply with European Union customs rules, national tax obligations, and export controls that apply to sensitive goods and technologies.

Because the country sits inside the EU customs union, goods moving to and from non-EU markets face duties, documentation, and border checks that an experienced trade lawyer helps a company prepare for. Getting this right from the outset avoids delays, penalties, and seized shipments.

Customs duties and import VAT depend on how goods are classified, where they originate, and their declared value. A Dutch trade law firm reviews tariff classifications, advises on rules of origin and preferential trade agreements, and checks that invoices and transport documents match the goods actually shipped. Correct paperwork keeps consignments moving and supports any later claim for a refund or a reduced rate.

Export controls and sanctions add a second layer of rules that many exporters underestimate. Dual-use goods, which serve both civilian and military purposes, need licences before they leave the European Union, and trading with sanctioned countries or parties can carry criminal liability. Lawyers help companies screen their customers, apply for the right licences, and set up internal checks that catch problem transactions before they happen.

Compliance is an ongoing responsibility that shifts as regulations and trade relationships change. Keeping clear records, training staff, and reviewing contracts regularly all lower the risk of an unexpected investigation. With steady legal guidance, a company can trade across borders with confidence and treat regulation as a routine part of business rather than a recurring worry. The questions below cover the points companies raise most often when choosing a Dutch international trade law firm.

Frequently asked questions about international trade law firms in the Netherlands

What does an international trade lawyer in the Netherlands do?

An international trade lawyer advises on cross-border contracts such as sale, supply, distribution and agency agreements, on general terms and conditions, and on choice-of-law, jurisdiction and arbitration clauses. The lawyer also collects claims and conducts proceedings before the Dutch courts or in arbitration. Customs, export controls and sanctions are specialised fields; ask whether a firm handles them.

How do I find a lawyer specializing in international trade law in the Netherlands?

Ask business contacts for referrals and check that the lawyer is registered as an advocaat; anyone can consult the public part of the register free of charge (Article 8a(2) Advocates Act). Ask about experience with cross-border contracts and Dutch court proceedings, whether the lawyer works in English, who will handle the matter and how fees are calculated. Agree the scope and fees in writing.

Does Dutch law automatically apply to a contract with a Dutch company?

No. The applicable law depends on the choice of law in the contract and, failing that, on the applicable conflict-of-law rules. Even where Dutch law applies, an international sale of goods between businesses is often governed by the CISG (Article 1(1) CISG), unless the parties have excluded it (Article 6 CISG).

Can an international trade dispute be heard in English in the Netherlands?

Yes, before the Netherlands Commercial Court, the international commercial chamber of the Amsterdam District Court and Court of Appeal. This requires, among other things, an international dispute, jurisdiction of the Amsterdam court and an express written agreement of the parties; cases for the cantonal judge are excluded (Article 32a(1) Dutch Code of Civil Procedure). In arbitration, the proceedings are conducted as agreed by the parties, subject to the mandatory rules of the arbitration title (Article 1036(1)).

Can I hire a Dutch lawyer on a no cure, no pay basis?

In principle, no. A Dutch lawyer may not agree that a fee is only charged if a certain result is achieved, or that the fee is a proportional share of the result (Article 7.7(1) Bar Regulation). Exceptions apply to a customary debt-collection tariff and, under conditions, to personal injury and death cases. Hourly rates and fixed fees are common.

Primary sources

• Dutch Civil Code: Articles 3:40, 6:247, 6:248, 7:1 and 7:428
• Dutch Code of Civil Procedure: Articles 1, 2, 8, 32a, 79, 237, 255, 431, 1020, 1022, 1036, 1074 and 1075
• UN Convention on Contracts for the International Sale of Goods (CISG): Articles 1, 6 and 39
• Advocates Act (Advocatenwet): Articles 8a and 11a
• Bar Regulation (Verordening op de advocatuur): Articles 7.5, 7.7 and 7.8
• Court Fees Act (Wet griffierechten burgerlijke zaken)

What should foreign businesses keep in mind?

For foreign businesses, the key legal questions in Dutch trade are which law governs the contract, whether the CISG applies, whether your general terms bind the other party, and where a dispute will be decided. Settling these points in the contract is usually far cheaper than litigating them later. Customs, export-control and sanctions rules come on top of that and need separate attention.

When should you engage an international trade law firm?

Ideally, involve a lawyer before you sign an international contract or adopt general terms for foreign customers, and as soon as a payment or delivery problem arises. Do you have a question about a cross-border contract or dispute under Dutch law? Please contact our Dutch law firm.