Recognition of foreign judgments
In our goal to provide complete and detailed information on civil proceedings and litigation, we have now added a new chapter: Recognition and enforcement of foreign judgments. The renewed chapter on international jurisdiction can be read here.
Watson Arps & Wang Chan LLP
The Netherlands is a trade nation. The 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, the question rises: how to have this judgment recognized (and, subsequently, enforced)? 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). 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 on the merits. If neither of these requirements have been met, enforcement should be done by ways of commencing new proceedings before the 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 Watson Arps & Wang Chan LLP
Watson Arps & Wang Chan LLP Attorneys is an International law firm whose head office is in the Netherlands. 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.
