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NETHERLANDS Law and Practice Contributed by: Rik van Waasbergen, Sander Metzelaar, Wiebe Wajer, Iris Stielstra and Daan Komen, HerikLegal

7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Duly agreed law and jurisdiction clauses are recog - nised by the Dutch courts. The criteria for choice of law clauses are set out in Rome I, Article 3 (Regulation (EU) 593/2009). The criteria for choice of jurisdiction clauses opting for a court in an EU member state are set out in Article 25, Brussels I bis Regulation (Regula - tion (EU) 1215/2012). The criteria for choice of jurisdiction clauses opting for a court of a state that is party to the Convention of Lugano on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the “EVEX Convention”) are set out in Article 17 of the EVEX Convention. The criteria for choice of jurisdiction clauses in a bill of lading opting for a court of a state that is not an EU member state nor a state that is party to the EVEX Convention are laid down in Article 8, subparagraph 2 of the DCCP and Article 629 of the DCCP. The criteria for such jurisdiction clause are as follows. • The jurisdiction clause should be proven to exist and to have been agreed (Article 8, subparagraph 2 DCCP). • Specifically for claims of a consignee under a bill of lading for damage to or loss of cargo to be delivered in the Netherlands, the jurisdiction clause should: (a) provide for the exclusive jurisdiction of the court in the place of domicile/establishment of the carrier or of the consignee; and (b) be explicitly laid down in writing and not merely in general conditions (Article 629 DCCP). 7.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading In the Netherlands, a law and arbitration clause of a charterparty that has validly been incorporated into a bill of lading is recognised and enforced by the Dutch courts. The main criterion is that the clause is clear based on the text inserted in the bill of lading.

7.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Arbitration Convention”) applies in the Nether - lands. Book 4 of the DCCP applies to Dutch arbitra - tion proceedings. 7.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction In the Dutch jurisdiction, one can arrest a vessel as security for the claim that is to be decided in proceed - ings on the merits in foreign arbitration or foreign court proceedings. 7.5 Domestic Arbitration Institutes Parties often agree to declare the UNUM Arbitration rules applicable. UNUM is a Dutch arbitration and mediation institute that specialises in maritime, logis - tics and transport related matters. Further, maritime matters are overseen by the Neth - erlands Arbitration Institute ( Nederlands Arbitrage Instituut – NAI). The NAI does not specialise exclu - sively in maritime matters; it also handles matters of a more general commercial and civil nature. However, the NAI provides a professional and efficient way of conducting proceedings in maritime-related matters. Additionally, the Netherlands Association for For - warding and Logistics ( Nederlandse Organisatie voor Expeditie en Logistiek – FENEX) has its own dispute resolution mechanism and arbitration regulations. FENEX arbitration mainly concerns matters of freight forwarding, transport and logistic services. 7.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses The defendant will have to appear in the court pro - ceedings and will have to raise an appeal contesting jurisdiction before submitting a defence on the mer - its of the dispute. In such a motion, the defendant argues that the Dutch court lacks jurisdiction to hear the claim. In that case, the court will first – in incidental proceedings – decide on its jurisdiction before making any decision on the merits of the case.

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