The Netherlands: Optional choice of court agreements in a globalizing World

Stephan Rammeloo*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic


Choice of court agreements are well-established in the private international law of the netherlands on the basis of the hague 2005 convention on choice of court agreements, eu regulation 44/2001, and national jurisprudence of the netherlands supreme court. In respect of private interregional law of the kingdom of the netherlands, the caribbean civil procedural law act applies to “caribbean-dutch” choice of court cases. Pursuant to article 8 subsection 2 of the dutch civil procedural law code codifying case law of the highest court of the netherlands, an exclusive choice for a foreign court excludes jurisdiction power of a dutch court. If, however, any such choice is of a non-exclusive nature the dutch court remains competent (article 8 subsection 2). Though serving as a starting point, article 8 does not and cannot provide for conclusive answers to each and every question (interpretation, legal effects, damages in case of breach of the agreement) emanating from choice of court related conflicts.
Original languageEnglish
Title of host publicationOptional choice of court agreements in private international law
EditorsM. Keyes
Place of PublicationCham
PublisherSpringer Nature Switzerland AG
ISBN (Electronic)978-30-3023-914-5
ISBN (Print)978-30-3023-913-8
Publication statusPublished - 2020

Publication series

SeriesIus Comparatum - Global Studies in Comparative Law

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