Preservation attachment is an emergency measure to secure a debtor's assets before a final judgment is obtained. In international disputes, time can be your greatest enemy. Before you have concluded proceedings, assets may have moved around the world. In our practice, we actively apply attachment as a means of pressure — a settlement often follows within weeks of effective attachment.
What is the legal problem?
Preservation attachment locks up assets until a main proceeding yields a result. Internationally, this is complex: different legal systems, local jurisdiction, evidentiary requirements, and the risk of counterclaims in the event of wrongful attachment. Speed and evidence are crucial. An ill-considered attachment can lead to claims for damages due to unlawful conduct.
What does the law say?
Under Dutch law, Articles 700-770a of the Code of Civil Procedure govern precautionary attachment on virtually all assets with judicial permission. The European Account Preservation Order (Regulation (EU) 655/2014, in force on 18 January 2017) governs cross-border attachment of bank accounts within the EU. Brussels I-bis governs the recognition of provisional measures under Article 35. Local attachment rules apply to assets elsewhere.
For arbitration, interim measures by arbitrators are possible under Article 1043b of the Dutch Code of Civil Procedure, often in combination with a state court under Article 17 of the NAI Rules.
What risks do companies face?
Unjustified attachment leads to an obligation to pay damages under Article 6:162 of the Dutch Civil Code. Insufficient evidence of a claim may lead to the refusal of leave. Poorly timed attachment warns the debtor who moves assets. Attachment of the wrong assets is a waste of effort. Caution requirements can tie up liquidity during lengthy proceedings.
Practical example from our practice
We represented a Dutch supplier with a €500,000 claim against a Belgian customer and a suspicion of asset transfer. Under EAPO Regulation 655/2014, we obtained attachment of Belgian bank accounts within 48 hours — €480,000 frozen. The customer offered a settlement within two weeks for €425,000. Without EAPO, the client would have had to litigate for months without certainty of recovery.
What can you do?
Assess attachment options early in dispute resolution. For EU bank accounts: use EAPO. For other assets: Dutch attachment under Section 700 of the Dutch Code of Civil Procedure or local attachment. Provide proof of claim and urgency. Plan timing strategically. Combine with expedited proceedings for the main case within 14 days. See also our article on International debt collection: what are your options?