بين الاقوامي وڪيل

An international lawyer at Law & More helps you when a legal question crosses the Dutch border: which court has jurisdiction, which law applies, and how a judgment can be enforced in another country. We advise companies and private individuals, in Dutch and English, on disputes and contracts involving the Netherlands. The first step is a free introductory meeting in which we look at your documents and the countries involved.

گراهڪن جي شرح Law & More 10 مان 9.6 تي ڪلانٽينورٽيلين، ڊچ جائزو پليٽ فارم (آڪٽوبر 2026 تائين 81 جائزو).

اسان توهان سان ڪيئن مدد ڪري سگهون ٿا؟

• A foreign customer does not pay and you want to collect the claim in the Netherlands or abroad.
• You have been summoned before a Dutch court by a party from another country.
• You want to enforce a foreign judgment or arbitral award against assets in the Netherlands.
• You are drafting an international contract and need a sound choice of law and choice of court clause.
• You want to know whether a Dutch court can hear your case against a foreign party.
• You need documents served on a party abroad, or evidence from another country.

Which court has jurisdiction in a cross-border dispute?

Within the EU, jurisdiction in civil and commercial matters is mainly governed by the Brussels I bis Regulation (EU) No 1215/2012. The basic rule is that a defendant is sued in the courts of the member state where it is domiciled, unless the parties validly agreed on another court.

Brussels I bis contains several alternatives to that basic rule. In contract disputes, you can often also sue in the courts of the place of performance, for example where goods were delivered or services were provided. In tort cases, the courts of the place where the harmful event occurred also have jurisdiction. A written choice of court clause generally takes priority under Article 25 of the Regulation, but special protective rules apply to consumers, employees and insured persons.

If the defendant is domiciled outside the EU, the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering) determines whether a Dutch court has jurisdiction. For Switzerland, Norway and Iceland, the 2007 Lugano Convention contains rules similar to Brussels I bis. Since Brexit, Brussels I bis no longer applies to new proceedings against parties in the United Kingdom.

Which law applies to your contract or claim?

For contracts, the Rome I Regulation (EC) No 593/2008 determines the applicable law; for claims outside a contract, such as tort, the Rome II Regulation (EC) No 864/2007 does. Both regulations apply in Dutch courts, also when the law they point to is that of a non-EU country.

Contracts under Rome I

Parties are free to choose the law that governs their contract (Article 3 Rome I). Without a choice, Article 4 gives fixed rules: a sale of goods is in principle governed by the law of the seller's habitual residence, a service contract by the law of the service provider's habitual residence. Consumers and employees keep the protection of certain mandatory rules of their own country, even if another law has been chosen.

Claims outside a contract under Rome II

For tort, the general rule is that the law of the country where the damage occurs applies (Article 4 Rome II). Exceptions exist, for example when both parties have their habitual residence in the same country. Note that the applicable law and the competent court are two separate questions: a Dutch court may have to apply foreign law. Our guide on بين الاقوامي معاهدن ۾ لاڳو قانون هن کي وڌيڪ وضاحت ڪري ٿو.

How is a foreign judgment recognised and enforced in the Netherlands?

A judgment from another EU member state given under Brussels I bis is enforceable in the Netherlands without a separate declaration of enforceability. For judgments from most non-EU countries, new proceedings before the Dutch court are needed, in which the foreign judgment can carry significant weight.

For an EU judgment, the creditor needs a copy of the judgment and the certificate issued by the court of origin under Article 53 of the Regulation. A Dutch bailiff can then enforce it, for example by attaching a bank account. The debtor can ask the Dutch court to refuse enforcement on limited grounds, such as a clear violation of public policy.

Outside that framework, Article 431 of the Dutch Code of Civil Procedure provides that foreign judgments cannot be enforced in the Netherlands as such, unless a treaty provides otherwise. You then start new proceedings on the merits. The Dutch court will usually follow the foreign judgment without reviewing the case again, if certain requirements are met. Examples are a fair procedure and a generally accepted ground of jurisdiction. Read more in our article on پرڏيهي فيصلن جي سڃاڻپ ۽ نفاذ.

Which procedure fits an international claim?

The right procedure depends on the amount, whether the claim is disputed and where the debtor has assets. For undisputed claims within the EU, simplified European procedures can save time and costs.

طريقو	جڏهن اهو مناسب ٿئي ٿو
European order for payment (Regulation (EC) No 1896/2006)	Cross-border monetary claims that the debtor is not expected to dispute
European Small Claims Procedure (Regulation (EC) No 861/2007)	Cross-border claims of up to 5,000 euros, mostly in writing
Ordinary proceedings before the Dutch court	Disputed claims where a Dutch court has jurisdiction
Netherlands Commercial Court (NCC)	International commercial disputes that parties agree to litigate in English in Amsterdam
ثالث	Disputes where the contract contains an arbitration clause

Before you start proceedings, check whether the debtor has assets in the Netherlands. A prejudgment attachment (conservatoir beslag) can secure them. It requires permission from the preliminary relief judge (voorzieningenrechter), who decides on a written application without first hearing the debtor. Our page on بين الاقوامي قرض جي وصولي covers this in more detail. Information on the NCC is available on the website of the Dutch judiciary.

ڪيئن ڪم سان گڏ Law & More ڪم؟

1. Introductory meeting: we discuss the facts, the countries involved and your goal, free of charge.
2. Advice and cost estimate: we assess jurisdiction, applicable law and enforcement options and give you a cost estimate.
3. Approach and negotiation: we send a demand letter or negotiate, and coordinate with lawyers abroad where foreign law or a foreign court is involved.
4. Proceedings or completion: we conduct proceedings in the Netherlands, or close the matter with a settlement that is enforceable.

What does an international lawyer cost?

We work at an hourly rate of 250 to 350 euros excluding VAT for a lawyer and 300 to 400 euros excluding VAT for a partner. We discuss the rate and the expected time with you in advance. The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT.

We do not work on the basis of legal aid. Subsidised legal aid exists through the Legal Aid Board (Raad voor Rechtsbijstand), but we do not accept cases on that basis. External costs, such as court fees (griffierecht), bailiff's fees, sworn translations and the fees of foreign lawyers, are charged separately.

توهان جو ڪيس ڪير هلائيندو؟

Your case is handled by one of our lawyers; in the introductory meeting you will hear who. You can read more about our lawyers on our ٽيم پيج.

وچان وچان سوال ڪرڻ

When do I need an international lawyer in the Netherlands?

You need an international lawyer when a dispute or contract involves parties, assets or events in more than one country. The key questions are then which court is competent, which law applies and whether a judgment can be enforced where the other party has assets. Getting these questions right at the start avoids proceedings in the wrong court and a judgment you cannot use.

Can I sue a foreign company before a Dutch court?

Often, yes. Within the EU, Brussels I bis allows you to sue in the Netherlands if, for example, the contract was to be performed here or the parties chose a Dutch court. For defendants outside the EU, the Dutch Code of Civil Procedure contains its own jurisdiction rules. Whether a Dutch judgment is useful also depends on where the defendant has assets.

Is a choice of law clause enough to have a Dutch court hear my case?

No. A choice of law determines which law applies; it does not determine which court is competent. For that you need a separate choice of court clause or an arbitration clause. We recommend including both in every international contract, and checking whether the chosen court's judgments can be enforced in the countries where your counterparty has assets.

How long does enforcement of an EU judgment take in the Netherlands?

Under Brussels I bis, no separate court procedure is needed to declare an EU judgment enforceable. Once the judgment and the certificate are served on the debtor, a bailiff can take enforcement steps. In practice, the timing depends on translations, service and whether the debtor applies for refusal of enforcement, which can delay matters by several months.

Can I litigate in English in the Netherlands?

Ordinary proceedings before Dutch courts are conducted in Dutch, although English-language documents are often accepted as evidence. The Netherlands Commercial Court in Amsterdam hears international commercial disputes in English, provided both parties have agreed to it in writing. Arbitration can also take place in English if the arbitration clause provides for that.

Do you also handle the foreign part of a case?

We advise on Dutch law and conduct proceedings in the Netherlands. Where foreign law applies or proceedings abroad are needed, we work together with a lawyer in that country and coordinate the case with you. This way you keep one point of contact, while each part of the case is handled by a lawyer admitted in the relevant jurisdiction.

In doubt about your position? Tell us about your situation via our رابطي صفحو or call +31 40 369 06 80, or e-mail info@lawandmore.nl. We will let you know within one working day what your options are.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) ۽ گهمڻ جو هنڌ Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). سومر کان جمعو 08:00-22:00، ڇنڇر ۽ آچر 09:00-17:00 تي دستياب.

هي صفحو عام معلومات فراهم ڪري ٿو ۽ توهان جي مخصوص صورتحال تي صلاح جي جاءِ نٿو وٺي.