International jurisdiction in The Netherlands

In our project to add more information on civil proceedings and litigation in The Netherlands, we have now added a new chapter on international jurisdiction. The renewed chapter on international jurisdiction in The Netherlands can be read here.

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The basic rule of international jurisdiction is that the defendant shall only be sued before the court where he lives. Many exemptions apply, however. For example, the Parties are free to make a contractual choice of forum, which means that the parties can agree that a court shall (exclusive or non-exclusive) jurisdiction. If parties have made an exclusive choice of forum, they are (as a basic rule) bound to that agreement, and cannot be sued before another court. The EEX-regulation, however, names various alternative grounds for jurisdiction.

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When you are summoned to appear before a Dutch court, it should immediately be considered whether the jurisdiction of the Dutch Court can be contested on good grounds. Furthermore, also when starting proceedings in The Netherlands (as plaintiff), it should be considered whether the case can be submitted to a Dutch court, or not (in legal terms: whether the Dutch courts have jurisdiction), or not.

 

 

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