Private International Law

 

Private international law plays a pivotal role in cases that have a cross-border dimension. Think, for example, of a situation in which a Dutch entrepreneur contracts a party that is established abroad, or in the case of  marriage or succession, where the parties involved have significant ties to more than one country. 

Private International Law is also commonly referred to as Conflict of Laws.  Conflicts that typically arise are centred around:

  • Jurisdiction – whether the designated court has the authority to resolve the dispute;
  • Choice of Law –  determining which country’s law has to be applied to the dispute; and
  • Foreign Judgments – the recognition and enforcement of another country’s court judgment.

It is therefore not always self-evident that the Dutch court will have jurisdiction nor that it will have to apply Dutch law. Depending on the laws of the countries involved, and whether or not they differ in any significant respect, determining which country’s laws has to be applied can have significant consequences for a case. We advise our clients on how to prevent that they are confronted with a lawsuit before a Dutch or foreign court where the judge has to apply a foreign law.

Should you wish to enter into a cross-border transaction or if you are dealing with a claim from or against a foreign party, we are happy to provide you with specialist knowledge and representation. We encourage you to contact our firm to discuss your options regarding your international law matter.

Your first point of contact:

Aanspreekpunt
Frouke Douma

As a sailor I choose a strategy and tactics to reach the right destination. The wind is a given. You cannot change the direction of the wind, but you can change the position of the sails. This is how I see my profession as a lawyer. The facts are established, but with the right legal knowledge and strategy you can set course in whichever direction you want. The aim is to achieve the maximum achievable result, because I like to sail close to the wind. I also think it is important to know the client and their company well so that you work together and build a lasting relationship.

Frouke is specialised in Contract Law and Bankruptcy Law. In her commercial practice, the main focus is on real estate and tenancy law. She advises and litigates particularly in the sale, rent, lease, development, and management of real estate. Her clients include real estate investors, tenants, managers, owners' associations, developers, and contractors. She is also involved in financing and (enforcement of) securities.

Frouke studied Dutch law at the University of Groningen. She worked as a lawyer at an accountancy firm and as a lawyer at a law firm in the North. In addition to her work, she is an external Ph.D. candidate at the University of Groningen where she conducts doctoral research into the position of titleholders in international insolvency proceedings from an international private law perspective.