The choice of forum in general terms and conditions in international B2B relationships: key considerations

In international business relationships, parties frequently opt to include a choice of forum clause in their agreements or general terms and conditions. This enables them to designate a specific court, such as a Dutch court, with exclusive jurisdiction to handle any disputes that may arise. Due to the significant implications of such exclusivity, a choice of forum requires an agreement, meaning that they must reach a genuine consensus on the choice of forum. Disputes frequently arise regarding the validity of a choice of forum clause, particularly when such clause is embedded in general terms and conditions. This article provides an overview of the requirements for establishing a valid choice of forum in general terms and conditions and concludes with practical tips for ensuring, as far as possible, the enforceability of such clauses.

The WHOA is gradually gaining a foothold in insolvency law

Since the Act on the court approval of private restructuring plans (Wet Homologatie Onderhands Akkoord, and hereinafter “WHOA”) entered into force in 2021, the WHOA Pool - a group of specialised judges and staff tasked with implementing the WHOA - has been issuing annual reports. Their main conclusion of the 2023 annual report, published on 18 June 2024, is that the WHOA is gradually gaining a foothold in insolvency law. Read more about the figures and trends related to WHOA in 2023 below.

HEUSSEN recognized as a 'Recommended Firm 2024' by IFLR1000