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A jurisdictional conflict arises when courts in two countries could hear the same dispute, or when one party has already started proceedings abroad. Dutch courts decide it mainly by fixed rules, with little room for discretion: the Brussels I bis Regulation decides between EU courts, the court first seised has priority, and a valid exclusive choice of court prevails. There is no Dutch forum non conveniens. If the other side has sued, or is about to sue, abroad, get advice on the forum before you respond.
This page is for foreign companies in a dispute with a Dutch party, and for Dutch companies facing proceedings abroad. You will read how the Dutch court decides whether it has jurisdiction, what happens when the same case is pending in two countries, why forum non conveniens does not apply, how a choice of court or arbitration clause works, and which law the court then applies. The grounds on which a Dutch court has jurisdiction are explained in detail on our page on Dutch jurisdiction in international disputes.
Which rules decide whether a Dutch court has jurisdiction?
If the defendant is domiciled in an EU Member State, the Brussels I bis Regulation applies: the defendant is in principle sued in the courts of its own Member State (Article 4 Brussels I bis Regulation), with alternatives such as the place of performance of a contract or the place of the harmful event (Article 7).
If the defendant is domiciled outside the EU, the Dutch Code of Civil Procedure applies, unless a treaty or the Regulation provides otherwise. The Dutch court then has jurisdiction if, for example, the defendant has its residence in the Netherlands (Article 2 Dutch Code of Civil Procedure) or the parties chose a Dutch court (Article 8(1)).
| Situation | Rules that apply |
|---|---|
| Defendant domiciled in an EU Member State | Brussels I bis Regulation (Regulation (EU) No 1215/2012) |
| Defendant domiciled outside the EU, no treaty | Articles 1-14 Dutch Code of Civil Procedure |
| Choice of a court of an EU Member State, regardless of domicile | Article 25 Brussels I bis Regulation |
| Arbitration agreement | Article 1022 Dutch Code of Civil Procedure: the court declines jurisdiction if invoked in time |
What happens if the same dispute is pending in two EU countries?
The court first seised has priority. Any other court must stay its proceedings until the jurisdiction of the first court is established, and then decline jurisdiction (Article 29 Brussels I bis Regulation). The decisive moment is when the document instituting the proceedings is lodged with the court or served, depending on the national procedure (Article 32).
For related, not identical, actions the second court may stay its proceedings, and may in some cases decline jurisdiction if the first court can consolidate the cases (Article 30). This is why the timing of the first step matters: in a cross-border dispute, starting proceedings first can determine where the case will be heard.
Does an exclusive choice of court beat the court first seised?
Yes. If a court of a Member State designated in an exclusive choice-of-court agreement is seised, any court of another Member State must stay its proceedings until the designated court declares that it has no jurisdiction under the agreement (Article 31(2) Brussels I bis Regulation).
This rule stops a party from blocking a choice-of-court agreement by first starting proceedings elsewhere. The choice must be in writing or evidenced in writing, or in a form that accords with practices between the parties or with international trade usage (Article 25(1)). A choice of court in general terms and conditions is effective only if the terms were validly agreed. See choice of Dutch law in international contracts.
Is the other party threatening to sue in its home country? Have a Dutch litigation lawyer assess the forum question now, because the order in which courts are seised can decide where your case is heard.
Can a Dutch court decline jurisdiction because another forum is more suitable?
No. Forum non conveniens is a common-law doctrine and is not part of Dutch law. Under the Brussels regime, a court that has jurisdiction on the basis of the defendant’s domicile may not decline it because a court of a non-EU state would be more appropriate (CJEU 1 March 2005, C-281/02, Owusu, paragraph 46).
Dutch law has its own, narrower instruments for cases pending in a non-EU country. If the Dutch court’s jurisdiction is based on domicile or the special grounds of the Regulation, it may stay its proceedings when the same or a related case is pending before a court of a third state whose judgment can be recognised in the Netherlands (Articles 33 and 34 Brussels I bis Regulation). Outside the Regulation, the Dutch Code of Civil Procedure contains a comparable rule for the same dispute between the same parties pending abroad (Article 12 Dutch Code of Civil Procedure).
What if the contract contains an arbitration clause?
Then a Dutch court declares that it has no jurisdiction, provided a party invokes the arbitration agreement before putting forward any other defence, unless the agreement is invalid (Article 1022 Dutch Code of Civil Procedure).
Raise the arbitration clause in your first written response; if you first defend on the merits, you may lose the right to rely on it. Read more on arbitration clauses under Dutch law.
Can a party lose the right to challenge jurisdiction?
Yes. A court of a Member State before which a defendant enters an appearance has jurisdiction, unless the appearance was entered to contest jurisdiction or another court has exclusive jurisdiction (Article 26(1) Brussels I bis Regulation).
Certain disputes, such as those on rights in rem in immovable property or the validity of registered intellectual property rights, fall under exclusive jurisdiction that the parties cannot change (Article 24). In all other cases: contest jurisdiction first and expressly, and only then argue the merits.
Which law will the court apply once jurisdiction is settled?
Jurisdiction and applicable law are separate questions. A Dutch court may have to apply foreign law. For contracts, the parties’ choice of law applies (Article 3 Rome I Regulation); without a choice, for example the law of the seller’s habitual residence in a sale of goods (Article 4(1)(a)).
For non-contractual claims such as tort, the general rule is the law of the country where the damage occurs (Article 4(1) Rome II Regulation). Businesses can choose the law applicable to non-contractual obligations, also by an agreement freely negotiated before the event giving rise to the damage (Article 14(1) Rome II Regulation). A freely negotiated choice-of-law clause that expressly covers non-contractual obligations can therefore also govern a tort claim between the same parties.
Will a Dutch judgment be recognised in other EU countries?
Yes. A judgment given in a Member State is recognised in the other Member States without any special procedure (Article 36 Brussels I bis Regulation) and is enforceable there without a declaration of enforceability (Article 39).
Recognition can only be refused on limited grounds, such as manifest conflict with public policy or a default judgment where the defendant was not served in time to arrange its defence (Article 45). For judgments from outside the EU, see enforcing international judgments in the Netherlands.
Practical example: a race to court between a Dutch buyer and an Italian seller
Suppose a Dutch wholesaler refuses to pay an Italian manufacturer because of alleged defects. The supply contract contains an exclusive choice of the Amsterdam District Court. The Dutch wholesaler expects a claim and first files a claim in Italy for a declaration that it owes nothing.
Under the old rules the Italian court, as the court first seised, would have decided first on its jurisdiction. Under Article 31(2) of the Brussels I bis Regulation, once the Italian manufacturer brings its payment claim before the Amsterdam District Court, the Italian court must stay its proceedings until the Amsterdam court has ruled on its jurisdiction under the clause. If the Amsterdam court accepts jurisdiction, the Italian court must decline (Article 31(3)). The Amsterdam court then applies the law that governs the contract under Rome I.
When should you involve a Dutch litigation lawyer?
As soon as a dispute with a foreign party becomes likely, before you send a final demand, and immediately when you are served with a claim from abroad. Deadlines to contest jurisdiction are short, and the first procedural step can decide the forum.
MAAK Advocaten in Amsterdam acts for foreign and Dutch companies in cross-border disputes before the Dutch courts, in summary proceedings and in arbitration, and coordinates with counsel abroad. See also Dutch judicial proceedings in international disputes and Dutch summary proceedings.
Frequently asked questions about jurisdictional conflicts in the Netherlands
Does forum non conveniens apply in the Netherlands?
No. It is not part of Dutch law, and the Court of Justice held that a court with jurisdiction based on the defendant’s domicile may not decline it because a non-EU court would be more appropriate (C-281/02, Owusu). A stay is only possible under specific rules, such as Articles 33 and 34 Brussels I bis.
Which court decides if the same case is pending in two EU countries?
The court first seised. The other court stays its proceedings and declines jurisdiction once the first court’s jurisdiction is established (Article 29 Brussels I bis Regulation), unless an exclusive choice of court applies (Article 31(2)).
Does a choice of court in general terms bind a foreign customer?
Only if the terms were validly agreed and the formal requirements are met: in writing or evidenced in writing, in line with practices between the parties, or with international trade usage (Article 25(1) Brussels I bis Regulation).
What if I defend on the merits without contesting jurisdiction?
The court then generally acquires jurisdiction by appearance (Article 26(1) Brussels I bis Regulation). For an arbitration clause, it must be invoked before any other defence (Article 1022 Dutch Code of Civil Procedure).
Does the court that has jurisdiction always apply its own law?
No. Jurisdiction and applicable law are separate. The applicable law follows from the Rome I Regulation for contracts and the Rome II Regulation for non-contractual obligations, so a Dutch court may apply foreign law.
Primary sources
Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.
- Regulation (EU) No 1215/2012 (Brussels I bis): Articles 4, 7, 24, 25, 26, 29-34, 36, 39 and 45
- Regulation (EC) No 593/2008 (Rome I): Articles 3 and 4
- Regulation (EC) No 864/2007 (Rome II): Articles 4 and 14
- Dutch Code of Civil Procedure: Article 2, Article 8, Article 12, Article 1022
- Court of Justice of the EU 1 March 2005, C-281/02, Owusu (no forum non conveniens under the Brussels regime)
