Dutch Judicial Proceedings in International Disputes

Published on 27 January 2026 · Last updated 26 October 2026

You can bring an international dispute before a Dutch court if a Dutch court has jurisdiction, for example because the defendant is based in the Netherlands or the parties agreed on a Dutch court. A bailiff then serves the writ of summons abroad (Article 56 Dutch Code of Civil Procedure, Rv), and within the EU the judgment is enforceable without exequatur (Article 39 Brussels I recast).

This page is for businesses with a dispute across borders: a Dutch company suing a foreign customer or supplier, or a foreign company that wants to litigate in the Netherlands. It explains when Dutch courts can hear the case, how to serve documents abroad, what happens if the other party does not respond and how to enforce the judgment in another country. The general steps of a Dutch case are explained in our guide on how to start legal proceedings in Dutch courts. Contractual agreements in the Netherlands often decide these questions in advance.

When can a Dutch court hear an international dispute?

If the defendant is based in another EU member state, Regulation (EU) No 1215/2012 (Brussels I recast) decides. As a rule, a company is sued in the member state where it is domiciled (Article 4(1)), but a Dutch court can also have jurisdiction on other grounds.

• Choice of court. If the parties agreed on a Dutch court, in writing or in another form the regulation allows, that court has jurisdiction, unless the agreement is null and void as to its substantive validity (Article 25(1)).
• Place of performance. In a contract case, the court for the place of performance of the obligation in question; for a sale of goods, where the goods were or should have been delivered, and for services, where they were or should have been provided, under the contract (Article 7(1)(a)-(b)).
• Branch. For a dispute arising out of the operations of a branch or other establishment, the court of the place where it is located (Article 7(5)).
• Appearance. A court before which the defendant enters an appearance without contesting jurisdiction has jurisdiction, unless another court has exclusive jurisdiction under Article 24 (Article 26(1)).

If the defendant is outside the EU, the Dutch rules largely apply (Article 6(1) Brussels I recast). A Dutch court then has jurisdiction if, among other grounds, the defendant is domiciled in the Netherlands (Article 2 Rv) or the contractual obligation at issue was or must be performed in the Netherlands (Article 6(a) Rv). A choice of a Dutch court is governed by Article 25 Brussels I recast, whatever the parties’ domicile. These rules apply without prejudice to treaties and EU regulations (Article 1 Rv). More detail is on our page on international disputes involving jurisdiction.

How do you serve a Dutch writ of summons on a party abroad?

If the defendant is in another EU country, the Dutch bailiff, as transmitting agency, sends the writ to the receiving agency in that country, which serves it (Article 56(2) Rv). The bailiff may also send it directly by registered post with acknowledgement of receipt or equivalent (Article 18 Regulation (EU) 2020/1784).

If the defendant is outside the EU, the bailiff serves the writ at the office of the public prosecutor, which sends a copy to the Ministry of Foreign Affairs; the bailiff also sends a second copy by registered mail to the defendant (Article 55(1) Rv). If the country is a party to the Hague Service Convention of 1965, its central authority usually arranges service (Articles 2 and 5 of the convention). The period between service and the first docket date must be at least four weeks for a defendant in the EU or in a European state that is party to the Hague Service Convention, and at least three months elsewhere (Article 115(1)-(2) Rv). If the writ is served on the defendant in person in the Netherlands, or at an address it chose for the case, the ordinary one-week period applies (Article 115(3) Rv).

Do you need to translate the writ of summons?

Within the EU, the bailiff includes a translation if the writ is not in a language the addressee understands or in the official language of the place of service (Article 56(2) Rv). Without one, the addressee may refuse the document at service or within two weeks (Article 12(1) and (3) Regulation (EU) 2020/1784).

If the addressee rightly refuses, you can remedy this by serving the document again with a translation; for a deadline you must meet, the date of the first service counts (Article 12(5)). Whether the defendant understands Dutch is hard to prove afterwards, so in practice the writ is usually translated into the official language of the place of service. Outside the EU, the central authority of a Hague Service Convention state can require a translation into its official language (Article 5 Hague Service Convention).

Which European procedures can you use for a cross-border money claim?

Besides ordinary Dutch proceedings, EU law offers two simplified procedures for cross-border money claims: the European Small Claims Procedure for claims of up to €5,000 and the European order for payment procedure for uncontested claims.

• The European Small Claims Procedure applies in cross-border civil and commercial cases where the claim does not exceed €5,000, excluding interest, expenses and disbursements, when the court receives the claim form (Article 2(1) Regulation (EC) No 861/2007, as amended).
• The European order for payment procedure is for pecuniary claims for a specific amount that are due and expected to be uncontested, in cases where at least one party is domiciled in a member state other than that of the court (Articles 1(1), 3(1) and 4 Regulation (EC) No 1896/2006).

For larger or disputed claims, ordinary proceedings before the Dutch court are the route. If both parties prefer English, they can agree to litigate before the Netherlands Commercial Court in Amsterdam, provided all conditions of Article 32a(1) Rv are met. Otherwise, Dutch proceedings are conducted in Dutch.

Which law applies to an international contract?

Jurisdiction and applicable law are separate questions: a Dutch court can apply foreign law. Within the EU, the court applies the law the parties chose (Article 3(1) Rome I); without a choice, a sale of goods is governed by the law of the seller’s country (Article 4(1)(a) Rome I).

For a sale of goods between businesses in different contracting states, the Vienna Sales Convention (CISG) applies (Article 1(1)(a) CISG), also if the parties chose Dutch law, unless they excluded it (Article 6 CISG). How to choose and draft the applicable law is explained on our page on choice of Dutch law in international contracts.

What happens if the foreign party does not respond?

If the defendant does not appear, the Dutch court may in principle only give judgment once it is established that the writ was served or delivered in time to allow the defendant to defend itself (Article 22(1) Regulation (EU) 2020/1784). If the prescribed periods and formalities were observed, the court grants a default judgment and allows the claim, unless it considers it unlawful or unfounded (Article 139 Rv).

The defendant can object to a default judgment (verzet). If it is known to be based abroad, the period is eight weeks after service of the judgment on it in person or after an act from which it necessarily follows that it knows of the judgment or its enforcement (Article 143(2) Rv). Work carefully: if the writ in a default case was not served in time and in a way that enabled the defendant to defend itself, enforcement in another EU country is refused at its request, unless it failed to challenge the judgment when it could (Article 45(1)(b) Brussels I recast). If you claim it, the court can declare its judgment provisionally enforceable, notwithstanding an appeal (Article 233(1) Rv).

How do you enforce a Dutch judgment in another country?

Within the EU, a Dutch judgment that is enforceable in the Netherlands is enforceable in the other member states without a declaration of enforceability (Article 39 Brussels I recast). This applies to proceedings instituted on or after 10 January 2015 (Article 66(1)).

You ask the Dutch court that gave the judgment for a certificate on the standard form (Article 53). The enforcement authority in the other country receives a copy of the judgment and the certificate (Article 42(1)), and the certificate is served on the debtor before the first enforcement measure (Article 43(1)). Enforcement itself follows the law of that country (Article 41(1)). A Dutch bailiff can only act on Dutch territory (Article 3(1) Bailiffs Act), so enforcement abroad is done by a local bailiff or enforcement officer. To freeze a debtor’s bank account in another member state before or after judgment, you can apply for a European Account Preservation Order (Articles 1 and 5 Regulation (EU) No 655/2014).

Outside the EU, whether a Dutch judgment is recognised and enforced depends on the law of that country and the treaties that apply. Check this before you start. If enforcement abroad is uncertain, a prejudgment attachment on the other party’s assets in the Netherlands can be a better route (Article 700(1) Rv). Arbitral awards are recognised in many countries under the New York Convention of 1958.

How can you prepare for an international dispute in your contract?

Agree in writing on the competent court or on arbitration, choose the applicable law and decide whether the CISG applies. These three clauses determine where you litigate, under which rules and how easily you can enforce the result.

• A choice of court for a court in an EU member state must meet the form requirements of Article 25(1) Brussels I recast, for example by being in writing or evidenced in writing.
• A choice of Dutch law does not by itself exclude the CISG; exclude it expressly if you want the Dutch Civil Code to govern the sale (Article 6 CISG).
• If the other party has no assets in the EU, consider arbitration, because arbitral awards are recognised in many countries under the New York Convention.
• Agree on delivery terms such as Incoterms and on payment security, so that the place of delivery and the risk are clear.

Frequently asked questions about Dutch proceedings in international disputes

Can I sue a foreign company in the Netherlands?

Yes, if a Dutch court has jurisdiction, for example because the parties agreed on a Dutch court or, in a sale of goods, the goods were or should have been delivered in the Netherlands (Articles 7(1)(b) and 25(1) Brussels I recast). Otherwise, the company is in principle sued in the country where it is domiciled (Article 4(1)).

How is a Dutch summons served in another country?

Within the EU, the Dutch bailiff sends it to the receiving agency in the other country or sends it by registered post (Article 56 Rv; Articles 18 and 12 Regulation (EU) 2020/1784). Outside the EU, it is served at the office of the public prosecutor, with a copy sent to the defendant (Article 55(1) Rv).

How long does a foreign defendant have to respond to a Dutch summons?

The period between service and the first docket date is at least four weeks if the defendant is in the EU or in a European state that is party to the Hague Service Convention, and at least three months elsewhere (Article 115(1)-(2) Rv).

Is a Dutch judgment enforceable in other EU countries?

Yes. A judgment that is enforceable in the Netherlands is enforceable in the other member states without a declaration of enforceability, for proceedings instituted on or after 10 January 2015 (Articles 39 and 66(1) Brussels I recast). You need a certificate from the Dutch court (Article 53).

Do you need a Dutch lawyer for an international dispute in the Netherlands?

Outside subdistrict court cases, yes, except for the defendant in summary proceedings (Articles 79(2) and 255(1) Rv). Before the subdistrict court, which hears claims of up to €25,000 among others, you can litigate in person (Articles 79(1) and 93 Rv).

Primary sources

• Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Article 1, Article 2, Article 6, Article 32a, Article 55, Article 56, Article 79, Article 93, Article 115, Article 139, Article 143, Article 233, Article 255, Article 700
• Bailiffs Act (Gerechtsdeurwaarderswet), Article 3
• Regulation (EU) No 1215/2012 (Brussels I recast), Articles 4, 6, 7, 25, 26, 39, 41, 42, 43, 45, 53 and 66
• Regulation (EU) 2020/1784 (service of documents), Articles 12, 18 and 22
• Regulation (EC) No 593/2008 (Rome I), Articles 3 and 4
• Regulation (EC) No 861/2007 (European Small Claims Procedure), consolidated, Article 2; Regulation (EC) No 1896/2006 (European order for payment), Articles 1, 3 and 4; Regulation (EU) No 655/2014 (European Account Preservation Order), Articles 1 and 5
• Hague Service Convention of 15 November 1965, Articles 2 and 5
• United Nations Convention on Contracts for the International Sale of Goods (CISG): Article 1, Article 6
• Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)

Do you have a dispute with a foreign business partner?

In an international dispute, the first steps decide whether you can win and enforce: the forum, the service of the writ and the translations. Our litigation attorneys in Amsterdam assess jurisdiction and enforcement before you sue, arrange service through the foreign authorities and conduct the proceedings in the Netherlands. For background on conflicts of jurisdiction, see our page on Dutch procedural rules. If you want to compare litigation with arbitration or mediation first, read our page on commercial dispute settlement in the Netherlands.