Cross-border legal advice: jurisdiction, applicable law and enforcement

Cross-border legal advice answers three questions before anything else: which court has jurisdiction, which country’s law applies, and how a decision can be enforced where the other party or its assets are. Within the EU, these questions are mainly settled by EU regulations (Brussels I bis for jurisdiction, Rome I and Rome II for applicable law); outside their scope, Dutch courts apply Book 10 of the Dutch Civil Code (BW) and Articles 1 to 14 of the Dutch Code of Civil Procedure (Rv).

Cross-border advice is not a separate branch of law. It is a layer of private international law on top of the contract, employment, family or corporate rules that would apply in a domestic case. Ignoring that layer turns an ordinary transaction into an expensive one: a valid contract that cannot be enforced, or a correct judgment that is useless abroad. Our article on cross-border legal issues gives a broader overview.

Which court has jurisdiction in a cross-border dispute?

Between parties in EU member states, jurisdiction in civil and commercial matters follows Regulation (EU) No 1215/2012 (Brussels I bis). The main rule is that the defendant is sued in the member state where it is domiciled; for contracts you may also sue at the place of performance, and for torts where the harmful event occurred.

Some matters have fixed rules. Disputes about rights in rem in immovable property and tenancies belong exclusively to the courts where the property is located. A consumer can generally only be sued in his own country, and an employer must sue an employee there too, while the employee may also sue where he habitually works. A choice-of-court clause is recognised if it meets the formal requirements, and the chosen courts have exclusive jurisdiction unless agreed otherwise.

• Iceland, Norway and Switzerland: the 2007 Lugano Convention contains a comparable system.
• United Kingdom: since Brexit, Brussels I bis no longer applies to new proceedings; an exclusive choice of court falls under the 2005 Hague Choice of Court Convention, otherwise national rules apply.
• Other countries: a Dutch court tests its jurisdiction under Articles 1 to 14 Rv.

Parties who want a Dutch forum with English-language proceedings can agree in writing to bring their international commercial dispute before the Netherlands Commercial Court (NCC) in Amsterdam, which has operated since 2019.

Which law applies to your contract?

The applicable law is determined by Regulation (EC) No 593/2008 (Rome I). Parties may choose the law of any country; without a choice, the contract is governed by the law of the country where the party performing the characteristic obligation lives or is established, such as the seller in a sale and the provider in a service contract.

A choice of law has limits. A consumer keeps the protection of the mandatory rules of his own country, and an employee keeps the protection of the mandatory rules of the country where he habitually works. The court also applies its own overriding mandatory provisions. See our article on employment laws across borders.

Two points are regularly overlooked. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) applies automatically to international sales of goods between businesses in contracting states, including the Netherlands, unless expressly excluded; a bare choice of Dutch law does not exclude it. And non-contractual claims follow Regulation (EC) No 864/2007 (Rome II): in principle the law of the country where the damage occurs.

How do you enforce a judgment or arbitral award abroad?

Within the EU, Brussels I bis abolished the exequatur procedure. A judgment from one member state is enforceable in the others on production of the judgment and a certificate from the court of origin; the debtor can only resist on limited grounds, such as manifest conflict with public policy.

For uncontested money claims, the European Enforcement Order, the European order for payment procedure and the European small claims procedure offer simpler routes.

Outside a treaty or regulation, a foreign judgment cannot be enforced in the Netherlands as such (Article 431(1) Rv). The creditor must start new proceedings, but the Dutch court can give effect to the foreign judgment without retrying the merits. According to Supreme Court (Hoge Raad) case law from 2014, this requires that the foreign court had an internationally acceptable ground for jurisdiction, that due process was observed, that recognition does not conflict with Dutch public policy, and that the judgment is not irreconcilable with an earlier decision between the same parties.

Arbitration is often the practical answer when the counterparty is outside the EU. Under the 1958 New York Convention, with more than 170 contracting states, an arbitral award is recognised and enforced subject to a short list of refusal grounds; in the Netherlands, Articles 1075 and 1076 Rv apply. See our article on cross-border disputes.

Which business and employment obligations cross the border?

A foreign company entering the Dutch market usually does so through a Dutch private limited company (besloten vennootschap, BV) or a branch. Both must be registered in the trade register of the Chamber of Commerce (Kamer van Koophandel, KVK), including the ultimate beneficial owner (UBO).

Dutch company law also has a statutory regime for cross-border conversions, mergers and divisions within the European Economic Area, based on Directive (EU) 2019/2121. See our guide to corporate law.

An employer established elsewhere in the EU that posts a worker to the Netherlands must notify the posting before the work starts and apply the hard core of Dutch employment terms, including the statutory minimum wage and holiday entitlement. Social security is a separate question: an A1 certificate under the EU coordination regulation decides which system applies, regardless of the contractual choice of law. Our article on cross-border work covers remote work from abroad.

Regulatory duties follow the activity. Personal data may only leave the European Economic Area on a basis in Chapter V of the GDPR, usually an adequacy decision or standard contractual clauses. Since 15 August 2026, the Dutch Cybersecurity Act (Cyberbeveiligingswet) implements the NIS2 Directive; see our article on the EU cybersecurity rules. Tax questions such as transfer pricing and permanent establishment belong with a tax adviser.

What applies to family and succession matters abroad?

Jurisdiction in divorce and parental responsibility follows Regulation (EU) 2019/1111 (Brussels II ter), applicable since 1 August 2022. It links jurisdiction to habitual residence and nationality, not to where the marriage took place.

• Divorce law: the Rome III Regulation, in which the Netherlands participates.
• Maintenance: the EU Maintenance Regulation with the 2007 Hague Protocol.
• Matrimonial property: the EU Matrimonial Property Regulation for marriages from 29 January 2019; for earlier marriages the 1978 Hague Convention or Book 10 BW.
• Child abduction: the 1980 Hague Child Abduction Convention, supplemented by Brussels II ter; Dutch return proceedings are concentrated at the District Court of The Hague and run on a short timetable.
• Succession: Regulation (EU) No 650/2012; in principle the law of the deceased’s last habitual residence, unless he chose the law of his nationality. Heirs can prove their position abroad with a European Certificate of Succession.

Residence permits for family members follow the Aliens Act 2000 (Vreemdelingenwet 2000), not private international law; see our immigration pages.

Which mistakes recur in cross-border matters?

Most problems arise from clauses copied from domestic templates and from waiting too long. Under Brussels I bis, the court first seised decides on its jurisdiction and the other court stays its proceedings, unless the parties agreed an exclusive forum, so the order of filing can decide where a dispute is heard for years.

• Template clauses: a forum clause naming no specific court, or a choice of Dutch law combined with arbitration in an unrelated country.
• Choice of law as a shield: it does not displace mandatory consumer or employment protection and does not exclude the CISG unless explicit.
• Common-law boilerplate: Dutch courts interpret contracts by what the parties could reasonably expect of each other (the Haviltex standard of the Supreme Court), so terms such as “indemnity”, “consequential loss” or “best efforts” need a definition.
• Foreign deadlines: limitation and notification periods abroad are often shorter than Dutch ones and run before the Dutch file is opened.
• Enforcement as an afterthought: check at signing whether a decision from the chosen forum can be enforced where the counterparty has assets.

What should you check before instructing a lawyer?

Ask which parts of the matter the firm handles itself, where foreign counsel will be instructed and who keeps the overall strategy. One point of contact prevents two lawyers optimising their own half of the file in opposite directions.

In the Netherlands, representation by a lawyer (advocaat) is mandatory before the district court and on appeal, but not before the subdistrict court (kantonrechter), which hears employment and tenancy cases and claims up to €25,000 (Article 93 Rv). Every Dutch advocaat is listed in the public register of the Netherlands Bar (Nederlandse orde van advocaten). Ask in which language the documents and proceedings will be conducted, and whether translations or legalisation are needed. Criminal matters, such as a European arrest warrant, follow their own system; see our article on foreign legal proceedings.

What can we do for you with a cross-border matter?

We handle the Dutch side of international matters ourselves and coordinate foreign counsel where a second jurisdiction is involved.

• We draft and review forum, choice-of-law and arbitration clauses, including CISG exclusion where needed.
• We determine which court has jurisdiction and which law applies before you start proceedings.
• We enforce EU judgments in the Netherlands and seek recognition of non-EU judgments and arbitral awards under Article 431 Rv and Articles 1075-1076 Rv.
• We advise on posting workers, cross-border employment and the A1 certificate.
• We handle divorce, maintenance and succession matters with a foreign element.

Summary

• Every cross-border matter starts with three questions: which court, which law, and where enforcement is possible.
• Within the EU, Brussels I bis, Rome I and Rome II largely answer them; otherwise Book 10 BW and Articles 1-14 Rv apply.
• A choice of law does not remove mandatory consumer or employment protection, and the CISG applies unless expressly excluded.
• EU judgments are enforceable without exequatur; non-EU judgments require new proceedings (Article 431 Rv), while arbitral awards travel under the New York Convention.

Frequently asked questions