Internationale handelsgeschillen are becoming more common as businesses trade across borders. Supplying foreign customers, international contracts and working with foreign partners bring opportunities, but legal risks as well. This article explains what internationale handelsgeschillen are, what legal options exist, and how entrepreneurs and foreign companies can enforce their rights.
What are international trade disputes?
There is internationale handelsgeschillen where a conflict arises between businesses from different countries about commercial arrangements. It may concern delivery of goods, payment, quality, contractual obligations or the ending of a collaboration.
Common forms of international trade disputes are:
- non-payment by foreign or Dutch contracting parties;
- disputes about international terms of delivery;
- conflicts over termination of distribution or agency agreements;
- damage caused by breach of contract in international relationships;
- conflicts between shareholders of different nationalities.
Why are international trade disputes complex?
Internationale handelsgeschillen are legally complex because more than one legal system may be involved. Businesses face questions about:
- welke rechter bevoegd is;
- which law applies;
- how evidence must be produced;
- how a judgment can be enforced internationally.
Without a clear legal strategy, an international trade dispute can escalate quickly and become expensive.
Which court has jurisdiction?
In internationale handelsgeschillen, jurisdiction is a central question. In many cases the Dutch court may have jurisdiction, for example where:
- the other party is established in the Netherlands;
- the contract contains a choice-of-forum clause;
- the agreement is to be performed in the Netherlands;
- Europese regelgeving bevoegdheid toekent.
Which law applies?
The applicable law determines how the dispute is assessed. In internationale handelsgeschillen this may be Dutch law, but it may equally be foreign law where the contract provides for it.
The absence of a choice of law regularly leads to uncertainty and argument. That is what makes legal guidance in international trade disputes essential.
International trade disputes: the legal step-by-step
Step 1: analysing the contract and the facts
An effective approach to internationale handelsgeschillen starts with an analysis of the contract, the correspondence and what actually happened.
Stap 2: Juridische positie en haalbaarheid
The next assessment is whether litigation is worthwhile. The evidential position, the prospects of recovery and the financial interest all play a part.
Stap 3: Buitengerechtelijke oplossing
In many international trade disputes an out-of-court solution is preferable, for example through negotiation or settlement.
Stap 4: Procederen of arbitrage
Where an amicable solution is not reached, the options are litigation or – if agreed – arbitration. The right choice depends on the contract and the circumstances.
Step 5: enforcing the judgment
After judgment, enforcement is essential. In internationale handelsgeschillen that may mean attaching assets abroad or in the Netherlands.
Internationale handelsgeschillen en incasso
Many international trade disputes come down to unpaid invoices. In that case internationale incasso is often part of the legal strategy.
See also: internationale incasso in Nederland en incasso en betalingsgeschillen.
Common mistakes in international trade disputes
- failing to include a clear choice of law and forum;
- waiting too long before taking legal action;
- onvoldoende bewijs verzamelen;
- procederen zonder zicht op executie;
- not making a strategic assessment.
What can Arslan Advocaten do for you?
Arslan Advocaten advises entrepreneurs and foreign companies on internationale handelsgeschillen. We advise on jurisdiction, applicable law and strategy, and we litigate before the Dutch courts and in an international context.
Read more about our work in bedrijfsrecht and our experience with international matters.
Costs and litigation funding
In international trade disputes we do, as a rule, not work on a no cure no pay basis. International proceedings require a careful, strategic approach and clear arrangements about costs.
In bepaalde gevallen it is possible to handle the matter (in effect) on a no cure no pay basis. We work with a onafhankelijke procesfinancier that may, after assessment, be willing to fund the legal costs in whole or in part.
Where litigation funding is granted, it means the client can litigate zonder direct financieel risico.
About the author
This article was written by Onur Arslan, lawyer and founder of Arslan Advocaten. He specialises in bedrijfsmatige geschillen, waaronder internationale handelsgeschillen, incasso- en contractconflicten.
Would you like to discuss whether your international trade dispute can be resolved legally?
👉 View Onur Arslan’s profile and get in touch.
Frequently Asked Questions
When can the Dutch court have jurisdiction in an international trade dispute?
The Dutch court may have jurisdiction if the other party is established in the Netherlands, if the contract contains a choice-of-forum clause, if the agreement is to be performed in the Netherlands, or on the basis of European rules. It is important to establish which legal system applies and where your interests are best served.
How do I determine which law applies to my international trade dispute?
The applicable law is usually determined by the contract or by international rules. Where no clear choice of law has been made, Dutch law or another relevant legal system may apply, which affects the outcome of the dispute.
What are the main steps in resolving an international trade dispute?
The first step is to analyse the contract and the facts, followed by an assessment of the legal position and whether litigation is worthwhile. Alternatives such as negotiation or arbitration can then be considered before court proceedings are started.
Why is legal guidance important in international trade disputes?
Because these disputes are complex and more than one legal system may be involved, professional legal guidance is essential to set the right strategy and to avoid costly escalation. A lawyer helps you build an effective approach and protect your rights.
