A Dutch judgment is not automatically enforceable abroad. In our practice, we see entrepreneurs who win proceedings but subsequently get stuck during the enforcement phase. Within the EU, much has been simplified since 2015; outside the EU, more legal work is often involved. Good preparation for the enforcement route begins at the time of contract signing.
What is the legal problem?
Enforcement in another country requires recognition of the Dutch judgment by local authorities. Within the EU, this is largely arranged automatically; outside the EU, bilateral treaties, multilateral treaties, or national procedural law apply. Local possibilities for opposition, costs, and language are obstacles.
What does the law say?
Brussels I-bis (Regulation 1215/2012) governs recognition and enforcement within the EU without an exequatur procedure since 2015. The Hague Convention on Judgments 2019 increases worldwide recognition for Contracting Parties (in force on 1 September 2023 for the EU; since 1 July 2025 for the UK). Separate treaties apply to specific jurisdictions. Outside treaty areas, bilateral treaties and local recognition rules apply.
For arbitral awards, the New York Convention of 1958 applies in 170+ countries.
What risks do companies face?
Procedures in countries without a treaty with the Netherlands can take years with an uncertain outcome. Opposing parties can move assets before execution takes effect. Local legal fees may exceed the recovered amount. In countries with public order review, a Dutch judgment may be refused.
Practical example from our practice
We represented a Dutch company with a judgment against a German purchaser for 300,000 euros. Under Brussels I-bis, the client obtained execution within three weeks via a German bailiff. For a similar judgment against an Indonesian client, new local proceedings would be required with an unknown outcome — estimated 18 months. For that client, we advised arbitration instead of a Dutch court — enforceability under the New York Convention was decisive.
What can you do?
Assess execution possibilities before litigating. Prefer arbitration for contracts with parties outside the EU/Hague Judgment Convention. Collaborate with local lawyers or enforcement agencies. Combine with asset screening and attachment rights. Strictly monitor deadlines for recognition. Document the judgment carefully (translations, apostille). See also our article on Executing a foreign judgment in the Netherlands.