Recognition of foreign judgments in The Netherlands

Recognition of foreign judgments in The Netherlands

In our goal to provide complete and detailed information on civil proceedings and litigation in The Netherlands, we have now added a new chapter: Recognition and enforcement of foreign judgments in The Netherlands. The renewed chapter on international jurisdiction in The Netherlands can be read here.

 

 

Dutch law firm

The Netherlands is a trade nation. The Dutch do business all over the world, and frequently get involved in lawsuits or arbitrations abroad. If such proceedings result in a judgment against a company in The Netherlands, the question rises: how to have this judgment recognized (and, subsequently, enforced) in The Netherlands? In The Netherlands, judgments of a foreign court or arbitration tribunal cannot be enforced directly, unless it is on the basis of either a treaty, or EU law (applicable in The Netherlands). Under the EU Execution regulation and the Lugano Convention, judgments from all West and Central-European countries can take place without having to meet with heavy formalities; it is not necessary to redo the proceedings in The Netherlands on the merits. If neither of these requirements have been met, enforcement should be done by ways of commencing new proceedings before the Dutch courts. The court may take into consideration that the parties have already been in litigation on the same matter before, and only apply a test of reasonableness.

About Dutch law firm AMS

AMS Attorneys is a law firm in Amsterdam, The Netherlands, only 20 minutes from Amsterdam Airport (Schiphol). The attorneys have gained a broad experience in advising and litigating for (international) companies and individuals, focusing on corporate law, insolvency and restructuring, real estate, commercial tenancy law, labour and employment law, construction law and contract law. The attorneys are highly involved with their client’s interests and offer a sharp and transparent fee structure.

Hidde Reitsma - Advocatenkantoor AMS Advocaten
Hidde Reitsma Hidde has a varied consultancy and litigation practice, focusing on corporate law and insolvency law. He frequently acts in proceedings before the Enterprise Chamber of the Court of Appeal in Amsterdam and in cases on directors’ liability. Hidde also advises on drawing up and negotiating contracts, mergers and acquisitions and joint ventures. Follow Hidde also on Google or LinkedIn. Hidde is available via e-mail and +31 (0)20-3080315.
More in Corporate law in The Netherlands, Debt collection in The Netherlands, Dutch contract law
Advocaat Intellectueel eigendomsrecht - AMS Advocaten in Amsterdam en Naarden
Pre-judgment attachment in The Netherlands

We continue our project to add more information on civil proceedings and litigation in The Netherlands. Today, we have substantially...

Close