Dutch judicial proceedings in international disputes enable Dutch entrepreneurs to summon foreign contract parties before Dutch courts when sufficient jurisdiction exists. Within the European Union, the Brussels I-bis Regulation determines which court has jurisdiction, with establishment location, contract performance place, and forum selection clauses serving as decisive factors for jurisdictional authority.
Dutch businesses increasingly face cross-border commercial relationships. Consequently, the risk of international disputes involving jurisdiction, applicable law, and enforcement possibilities forms complex legal challenges. The correct forum choice prevents costly proceedings abroad and increases the likelihood of an enforceable judgment. Moreover, litigating in the Netherlands offers strategic advantages including familiarity with the Dutch legal system, proceedings in the Dutch language, and superior enforcement options when the debtor holds Dutch assets.
When Does the Dutch Court Have Jurisdiction in International Disputes?
Dutch courts declare jurisdiction when sufficient connecting factors with the Netherlands exist according to the Brussels I-bis Regulation, national legislation, or international treaties. Within the EU, the Brussels I-bis Regulation determines international jurisdiction, with the defendant’s establishment location, contract performance place, and forum selection clauses serving as primary criteria.
The Brussels I-bis Regulation applies the general rule that debtors must be summoned in the country where they are established. This protects parties against arbitrary forum choices. However, the regulation contains important exceptions that Dutch businesses can utilize to litigate in the Netherlands nonetheless.
Forum Selection Clauses Provide Strategic Control Under Dutch Law
Contractual agreements in the Netherlands can override the Brussels I-bis Regulation by explicitly establishing Dutch jurisdiction. A forum selection clause in your general terms and conditions or purchase agreement determines in advance which court has jurisdiction, regardless of where parties are established. This offers considerable advantages: you avoid traveling abroad for proceedings, while your contract party must engage a Dutch lawyer and familiarize themselves with Dutch procedural rules.
For example: a Dutch flower exporter from Aalsmeer can stipulate in their general terms that all disputes shall be handled by the Amsterdam District Court. This prevents proceedings in Sweden, Germany, or France when delivering to foreign customers. Furthermore, this creates a direct language barrier for the opposing party, providing a tactical advantage.
Establishment in the Netherlands as Jurisdictional Anchor
A foreign company with a Dutch establishment, branch, or permanent representative can be summoned before Dutch courts. The Brussels I-bis Regulation defines “establishment” broadly: a sales office, distribution center, or permanent agent suffices. Consider a Belgian wholesaler with a warehouse in Rotterdam, or a German software supplier with Dutch customer service in Amsterdam.
These connecting factors grant Dutch courts jurisdiction for all disputes related to Dutch activities. Therefore, you need not travel to Germany or Belgium to file your claim.
Contract Performance in the Netherlands Creates Jurisdiction Under Dutch Law
Delivery of goods or services in the Netherlands creates jurisdiction, even without the foreign party’s Dutch establishment. A purchase agreement where goods are delivered in Amsterdam, or consultancy services performed in Utrecht, grant Dutch courts jurisdiction under Article 7(1)(b) of the Brussels I-bis Regulation.
Unlike the establishment rule, this provision focuses on where contractual obligations are performed. Online sales to Dutch consumers, installation of machinery in Dutch factories, or services at Dutch companies fall within this category. Approximately 65% of international commercial cases within the EU feature a clear performance location determining jurisdiction.
How Do You Initiate Proceedings Against a Foreign Company Under Dutch Law?
The summons must be drafted by a Dutch lawyer according to Dutch procedural law, after which service occurs through competent foreign authorities according to Regulation (EC) 1393/2007. This means the summons and writ must be translated into the official language of the country where the defendant is established.
Drafting the summons does not differ substantially from domestic proceedings. However, international service requires specific knowledge of European regulations.
Step 1: Drafting Summons with International Clause
The lawyer drafts a summons according to Dutch procedural law, containing all required elements including claim, factual account, and legal grounds. However, the summons must explicitly state that the bailiff prepares a writ conforming to Article 4(1), (5), and Article 7(1) of Regulation (EC) 1393/2007 concerning service in member states.
This reference is crucial: without correct reference to the service regulation, you risk subsequent opposition proceedings where the defendant claims not to have been legally summoned.
Step 2: Translation and Service via Foreign Authority
The summons must be translated into the official language of the country where the defendant is established. A Dutch bailiff then sends the summons and translation to the designated foreign authority—usually a judicial bailiff or central authority in the relevant country.
This service can take 3 to 6 months, especially in countries with slow bureaucracy like Italy or Spain. When facing imminent limitation or urgent attachment needs, you can first initiate summary proceedings or levy provisional attachment on the debtor’s Dutch assets. This protects your position during the longer service procedure.
Step 3: Proceedings Before Dutch Courts
After valid service, the case is filed with the competent Dutch court. Proceedings follow Dutch law, regardless of parties’ nationality. The court must investigate ex officio whether it has jurisdiction according to the Brussels I-bis Regulation and which substantive law applies.
If the court declares jurisdiction, this results in an enforceable Dutch judgment. You can request the court to certify this judgment as a European Enforcement Order (EEO), making it directly valid within all EU countries without separate recognition procedure.
What Practical Advantages Does Litigating in the Netherlands Offer?
Litigating in the Netherlands against a foreign party offers strategic advantages: you choose a familiar court, conduct proceedings in Dutch, and create a language barrier for your opponent who must engage a Dutch lawyer. Furthermore, Dutch judgments have been directly enforceable in other EU member states since 2015 through the Brussels I-bis Regulation.
These advantages explain why many Dutch businesses explicitly choose Dutch jurisdiction in their contracts.
Language and Procedural Advantage for Dutch Parties
Proceedings occur in Dutch, presenting no obstacle for Dutch entrepreneurs. Conversely, your foreign contract party must engage a specialized Dutch lawyer familiar with international procedural law. This lawyer must additionally translate and interpret all procedural documents for the foreign client.
Moreover, you are familiar with Dutch procedural rules such as comparative hearing after defense, burden of proof distribution, and the role of witnesses. Your opponent starts with a knowledge disadvantage, which proves beneficial during settlement negotiations. In approximately 70% of international disputes, this tactical position leads to settlement before final judgment.
European Enforcement Order for Direct Execution
Dutch judgments have been directly enforceable in other EU member states since 2015 without exequatur procedure. The court certifies the judgment as a European Enforcement Order, after which you can enforce it through a local bailiff or court in the country where the debtor holds assets.
This saves considerable time and costs compared to the previous situation requiring a separate recognition procedure. For countries outside the EU, you must examine bilateral treaties or the Hague Convention on Recognition of Foreign Judgments. Therefore, levy provisional attachment on the debtor’s Dutch assets where possible.
Faster Proceedings for Small Claims Under € 5,000
For straightforward commercial cases under € 5,000, the European Small Claims Procedure offers a fast and affordable alternative. This procedure operates primarily in writing, requires no lawyer, and delivers a directly enforceable execution title within 3 to 6 months.
However, Denmark has not accepted this European procedure, making this route unavailable against Danish companies. For more complex disputes or higher amounts, regular Dutch proceedings remain more suitable, despite the longer duration of 6 to 18 months.
Which Law Applies to International Sales Agreements Under Dutch Jurisdiction?
For international sales agreements of movable goods between parties from contracting states, the Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980 applies. This convention determines parties’ rights and obligations, unless Dutch law or other national law was explicitly chosen in the contract.
The applicable law determines which rules govern liability, interest, collection costs, and limitation. This choice has far-reaching consequences for your position as creditor.
Vienna Convention as Standard When Lacking Choice of Law
When general terms and conditions contain no choice of law for Dutch law, the provisions of the Vienna Convention for international sales contracts apply automatically. This convention regulates delivery obligations, payment, non-conformity, and breach.
Article 78 of the Vienna Convention grants you the right to claim interest on payment of the purchase price. This follows the interest rate of the country where the selling party is established. For Dutch sellers, this means the statutory commercial interest rate of 8% annually.
Extrajudicial Collection Costs Under Article 74
Article 74 of the Vienna Convention grants entitlement to extrajudicial collection costs. Dutch courts often align with the rate of the Decree on Compensation for Extrajudicial Collection Costs effective since 1 June 2012. This rate applies a scale calculated over the principal amount, ranging from 15% for small amounts to € 6,775 for claims exceeding € 200,000.
For a claim of € 45,000, extrajudicial collection costs amount to € 1,815 according to this scale. These costs add to the principal, interest, and legal costs, considerably increasing the total claim.
Establishing Choice of Law in General Terms and Conditions
You can explicitly choose application of Dutch law in your general terms and conditions or contract. This prevents discussions about applicable rules and provides you as Dutch entrepreneur with greater certainty about your legal position. Furthermore, you are familiar with Dutch legislation such as the Civil Code, increasing procedural predictability.
Note: even Dutch courts can apply foreign law in Dutch proceedings if parties choose this or if private international law so requires. Therefore, an explicit choice of law for Dutch law is essential for legal certainty.
What to Do When the Foreign Party Fails to Appear Under Dutch Law?
If the defendant fails to appear after legally valid service, you can request default judgment, whereby the court decides based on your documents. However, the defendant retains the right to file opposition against the default judgment, restarting the proceedings.
Non-appearance occurs regularly in international proceedings because foreign parties ignore or misunderstand Dutch summonses.
Default Proceedings and Opposition Risk
In default, the court decides solely based on documents you submitted, without the opponent’s defense. This appears advantageous, but the defendant can later file opposition, restarting the entire proceedings. To prevent this, perfect service is crucial: any formal error provides the defendant with arguments for opposition.
Therefore, ensure the summons translation is professional and service occurs according to correct procedure in the defendant’s country. When doubting the service procedure: consult specialized lawyers experienced in international procedural law.
Provisional Enforceability Declaration
The court can declare the judgment provisionally enforceable, meaning it takes immediate effect and can be executed. This applies even if the defendant appeals the judgment. Consequently, you can immediately take enforcement measures, such as attachment by bailiff or freezing bank accounts.
For a Dutch entrepreneur who delivered flower bulbs worth € 45,000 to a Swedish firm, this means: after default judgment, direct execution can occur in Sweden through a local bailiff, without awaiting completion of potential appeal proceedings.
Would you like certainty about your legal position in an international dispute? Our specialized lawyers in Amsterdam analyze your contracts, assess jurisdiction, and advise on the best procedural strategy against foreign parties.
What Challenges Arise in International Proceedings According to Dutch Law?
International proceedings present specific challenges including lengthy service (3-6 months), non-appearing defendants, and complex execution abroad. These obstacles require specialist knowledge of international treaties, service rules, and enforcement possibilities per country.
Those who underestimate these challenges risk costly delays and ultimately an unenforceable judgment.
Lengthy Service in Time-Sensitive Cases
Service through foreign authorities takes on average 3 to 6 months, depending on bureaucratic efficiency in the relevant country. When facing imminent limitation or urgent attachment needs, this poses problems. Therefore, you can first initiate summary proceedings for provisional measures, or levy provisional attachment on Dutch assets.
Provisional attachment on Dutch bank accounts, inventory, or claims of the debtor protects your position during the longer summons procedure. Once the final judgment arrives, you can convert this attachment into executory attachment.
Execution of Dutch Judgments Outside the EU
Within the EU, Dutch judgments have been directly enforceable since the Brussels I-bis Regulation without separate recognition procedure. For countries outside the EU—such as Switzerland, the United Kingdom post-Brexit, or the United States—you must examine bilateral treaties or the Hague Convention.
Without treaty, execution becomes considerably more complex and costly. You must then initiate separate proceedings abroad where a local court recognizes your Dutch judgment. This procedure can take years and is not always successful. Therefore, it is crucial to levy provisional attachment on international debtors’ Dutch assets in advance.
Language Barriers and Cultural Differences
Dutch procedural rules include specific procedures such as comparative hearing after defense, where parties orally clarify their positions before the court. For foreign parties, this is often unfamiliar territory, leading to misunderstandings. Additionally, all procedural documents must be translated, causing extra costs and delays.
Cultural differences also play a role: in some countries, litigation is the last resort, while in the Netherlands, litigation is a common means to resolve disputes. These differences influence settlement negotiations and the willingness to litigate.
How Do You Prevent International Disputes Under Dutch Law?
You prevent international disputes by making clear contractual agreements in advance regarding forum choice, applicable law, delivery terms, and payment method. Explicit forum selection clauses for Dutch courts and choice of law for Dutch law provide the most legal certainty.
Prevention saves considerable costs and time compared to subsequent litigation.
Forum Selection Clause in General Terms and Conditions
Include a clear forum selection clause in your general terms and conditions designating the Amsterdam District Court (or another Dutch court) as competent court. Formulate this clause explicitly and avoid vague terms like “preferably” or “in principle.” A watertight forum selection clause reads, for example:
“All disputes arising from or related to this agreement shall be exclusively settled by the Amsterdam District Court, under Dutch law.”
Establishing Choice of Law for Dutch Law
Explicitly determine that Dutch law applies to the agreement. This prevents the Vienna Convention or foreign law from applying, creating uncertainty about your legal position. For international commercial contracts, you often combine this choice of law with ICC Incoterms for delivery conditions.
Incoterms such as EXW (Ex Works), FOB (Free on Board), or CIF (Cost, Insurance and Freight) determine precisely where and when ownership and risk transfer. Under EXW, you deliver when you make goods ready for transport available at your business location, making the Netherlands automatically the place of delivery according to Article 7(1)(b) of the Brussels I-bis Regulation.
Payment Guarantees and Securities
For large deliveries to foreign buyers, you can negotiate payment guarantees such as bank guarantees or documentary credit. These instruments protect you against non-payment because a bank guarantees payment. For smaller deliveries, you can agree on advance payment or payment upon delivery.
Additionally, you can include retention of title in your general terms and conditions: you remain owner of delivered goods until full payment has occurred. This provides you with a strong position in case of non-payment, because you can reclaim goods without lengthy proceedings.
Contact our law firm in Amsterdam for personal legal advice on your international contracts and disputes. We assess your jurisdiction, analyze judgment enforceability, and guide you through cross-border proceedings against foreign parties.
Summary: Jurisdiction and Strategy in International Disputes Under Dutch Law
Litigating against a foreign company in the Netherlands is legally feasible when jurisdiction exists based on establishment, contract performance, or contractual forum selection clauses. Within the European Union, the Brussels I-bis Regulation provides a reliable framework with direct enforcement possibilities for Dutch judgments since 2015.
The key success factors:
- Establish forum selection clauses and choice of law for Dutch law in your general terms and conditions before disputes arise
- For existing disputes, verify jurisdiction based on Brussels I-bis Regulation criteria such as establishment location and contract performance place
- Ensure professional translation and correct service according to Regulation (EC) 1393/2007 to prevent opposition proceedings
- Request the court for a European Enforcement Order for direct execution in other EU countries
- Consult specialized lawyers for complex international cases, especially for disputes outside the EU or when jurisdiction is unclear
Outside the EU, litigation remains more complex due to the absence of uniform enforcement rules, but with the right legal strategy and timely provisional measures, you significantly increase the likelihood of successful recovery.
