
1 
This Order may be cited as the Reciprocal
Enforcement of Foreign Judgments (the Netherlands) Order 1969 and shall come
into operation on 21st September 1969.
2 
Part I
 of the Foreign Judgments (Reciprocal
Enforcement) Act 1933 shall extend to the Kingdom
of the Netherlands.
3 
The following courts of the Kingdom
of the Netherlands shall be deemed superior courts of the Kingdom of the Netherlands
for the purposes of Part I
of the Foreign Judgments (Reciprocal Enforcement) Act 1933
, that is to say:—
 The Hoge Raad der Nederlanden;
 The gerechtshoven;
 The arrondissementsrechtbanken.
4 
No security for costs shall be required
to be given by any person making application for the registration of a judgment
of a superior court of the Kingdom of the Netherlands.
5 
A judgment of a superior court of the
Kingdom of the Netherlands shall, in the absence of proof to the contrary,
be deemed to be capable of execution in the Kingdom of the Netherlands if
a certified copy of the judgment is produced bearing the seal of the court
and the executory formula “in naam der Koningin”.
6 
The rate of interest due under the
law of the Kingdom of the Netherlands upon the sum in respect of which a judgment
of a superior court of the Kingdom of the Netherlands is given shall be deemed
to be that specified in the judgment or any certificate of the original court
accompanying the judgment and, if no rate is so specified, no interest shall
be deemed to be due thereon under the law of the Kingdom of the Netherlands.

7 
A translation of the judgment of a
superior court of the Kingdom of the Netherlands or of any other document
accompanying an application for registration of such a judgment shall, if
certified by a sworn translator or by a diplomatic or consular officer of
either the United Kingdom or the Kingdom of the Netherlands, be accepted without
further authentication.
W. G. Agnew

SCHEDULE


CONVENTION
BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE KINGDOM
OF THE NETHERLANDS PROVIDING FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT
OF JUDGMENTS IN CIVIL MATTERS
Her
Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland
and of Her other Realms and Territories, Head of the Commonwealth (hereinafter
referred to as “Her Britannic Majesty”
) and  
Her Majesty the
Queen of the Netherlands;  
Desiring to provide on the
basis of reciprocity for the recognition and enforcement of judgments in civil
matters;  
Have resolved to conclude a Convention to
that end and have appointed as their Plenipotentiaries:  

Her Britannic Majesty:  
For the United Kingdom of Great
Britain and Northern Ireland:  
His Excellency Sir Isham
Peter Garran, KCMG, Her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary
at The Hague and  
The Right Honourable Lord Gardiner,
Lord High Chancellor of Great Britain;  
Her Majesty
the Queen of the Netherlands:  
His Excellency Mr. H.J.
de Koster, State Secretary for Foreign Affairs;  
Who,
having communicated to each other their respective full powers, found in good
and due form, have agreed as follows:

ARTICLE I 
For the purposes of this Convention:

(1) The word “territory”
 means: 
(a) in relation to the United Kingdom of Great Britain and Northern
Ireland (hereinafter referred to as “the United
Kingdom”), England and Wales, Scotland, and Northern
Ireland and any territories in respect of which this Convention is in force
by reason of an extension under paragraph 1 (a)
of Article X; and

(b) in relation to the Kingdom of
the Netherlands, the European part of the Kingdom and any other part of the
Kingdom in respect of which this Convention is in force by reason of an extension
under paragraph 1 (b) of Article X.
(2) The word “judgment”
 means any decision of a court, however
described (judgment, order and the like), by which the rights of the parties
are finally determined, notwithstanding that an appeal may be pending against
the judgment or that it may be subject to appeal in the courts of the country
of the original court. A “gerechtelijke minnelijke schikking”
 shall also be deemed to be a judgment for the purposes of this Convention.
If the amount of the costs or interest to be paid under a judgment is not
fixed by the judgment itself but by a separate court order, such order shall
be deemed to be part of the judgment for the purposes of this Convention.

(3) The words 
“action in rem” mean an action
which seeks to obtain a judgment which is conclusive not only against the
parties to the proceedings but also against any other person claiming an interest
in the subject matter of the action.
(4) The words 
“original court” mean in
relation to any judgment the court by which such judgment was given;
and the words “court applied to”, the court in which it is sought
to obtain recognition of a judgment or to which an application for the registration
of a judgment or for the grant of execution is made.
(5) The words 
“judgment debtor” mean the
person against whom the judgment was given in the original court and include,
where necessary, any person against whom such judgment is enforceable under
the law of the country of the original court; and the words “judgment
creditor”, the person in whose favour the judgment was given, and include,
where necessary, any other person in whom the rights under the judgment have
become vested.
(6) The word “appeal”
 includes any proceeding by way of discharging
or setting aside a judgment or an application for a new trial or a stay of
execution.
ARTICLE II 

(1) Subject to the provisions of 
paragraph (2) and (4)
of this Article, this Convention shall apply to judgments in any civil proceedings
given after the date of the entry into force of this Convention by the following
courts:
(a) in the case of the United Kingdom, the
House of Lords; for England and Wales, the Supreme Court of Judicature (Court
of Appeal and High Court of Justice) and the Courts of Chancery of the Counties
Palatine of Lancaster and Durham; for Scotland, the Court of Session and the
Sheriff Court; and for Northern Ireland the Supreme Court of Judicature; and

(b) in the case of the Kingdom of the Netherlands,
the Hoge Raad der Nederlanden, the gerechtshoven and the arrondissementsrechtbanken.

(2) This Convention shall not apply to:
(a) judgments given on appeal from courts
not referred to in paragraph (1)
of this Article;
(b) judgments given in proceedings for the
recovery of taxes or other charges of a like nature or for the recovery of
a fine or other penalty;
(c) judgments in matters of family law or
status, including orders for maintenance;
(d) judgments in matters of succession or
the administration of the estates of deceased persons;
(e) judgments in matters of bankruptcy or
suspension of payments (surséance van betaling) or the winding up of
companies.
(3) This Convention shall not preclude the
recognition and enforcement in the territory of one High Contracting Party,
in accordance with the municipal law for the time being in force in the country
concerned, of judgments given by any court in the territory of the other High
Contracting Party, being judgments to which this Convention does not apply
or judgments given in circumstances where the provisions of this Convention
do not require such recognition or enforcement.
(4) A High Contracting Party shall not be
obliged to apply this Convention to any judgment given in respect to injury
or damage of a description which is the subject of a Convention with respect
to third party liability in the field of nuclear energy to which that High
Contracting Party is also a Contracting Party.
ARTICLE III 

(1) For the purposes of this Convention,
the effect of the recognition of a judgment shall be that it shall be treated
as conclusive between the parties thereto in all proceedings founded on the
same cause of action and it may be relied on by way of defence or counter-claim
in any such proceedings.
(2) Subject to the provisions of paragraphs (3) to (5) of this
Article judgments given in the territory of one High Contracting Party shall
be recognised in the territory of the other except where the court applied
to is satisfied of the existence of any of the following objections to the
judgment:
(a) in the case in question, the jurisdiction
of the original court is not recognised under the provisions of 
Article IV;
(b) the judgment debtor, being the defendant
in the proceedings in the original court, did not (notwithstanding that process
may have been duly served on him in accordance with the law of the country
of the original court) receive notice of those proceedings in sufficient time
to enable him to defend the proceedings and did not appear;
(c) the judgment was obtained by fraud;
(d) the recognition of the judgment would
be contrary to public policy in the country of the court applied to;
(e) the judgment debtor, being a defendant
in the original proceedings, was a person who, under the rules of public international
law, was entitled to immunity from the jurisdiction of the courts of the country
of the original court and did not submit to the jurisdiction of that court;

(f) the judgment is sought to be enforced
against a person who, under the rules of public international law, is entitled
to immunity from the jurisdiction of the court applied to.
(3) Where the judgment debtor satisfies the
court applied to that an appeal is pending, or that he is entitled and intends
to appeal against the judgment in the country of the original court, the court
applied to may recognise the judgment or may, if the judgment debtor makes
an application to this effect, either refuse to recognise the judgment or
adjourn its decision on the recognition of the judgment so as to allow the
judgment debtor a reasonable opportunity of completing or of instituting such
appeal.
(4) Where the court applied to is satisfied
that the matter in dispute in the proceedings in the original court had, previously
to the date of the judgment in the original court, been the subject of a judgment
by a court having jurisdiction in the matter, the court applied to may refuse
to recognise the judgment of the original court.
(5) Recognition shall not be refused merely
on the ground that the original court has applied, in the choice of the system
of law applicable to the case, rules of private international law different
from those observed by the court applied to.
ARTICLE IV 

(1) For the purposes of 
sub-paragraph (a) of paragraph (2) of Article III,
the courts of the country of the original court shall, subject to the provisions
of paragraphs (2) to (4)
of this Article, be recognised as possessing jurisdiction:
(a) if the judgment debtor, being a defendant
in the proceedings in the original court, submitted to the jurisdiction of
that court by voluntarily appearing in the proceedings otherwise than for
the purpose of protecting, or obtaining the release of, property seized, or
threatened with seizure, in the proceedings or of contesting the jurisdiction
of that court; or
(b) if the judgment debtor was plaintiff
or counterclaimant in the proceedings in the original court; or
(c) if the judgment debtor, being a defendant
in the proceedings in the original court, had before the commencement of the
proceedings agreed, in respect of the subject matter of the proceedings, to
submit to the jurisdiction of that court or of the courts of the country of
that court; or
(d) if the judgment debtor, being a defendant
in the original court, was at the time when the proceedings were instituted,
resident in, or being a body corporate, had its principal place of business
in, the country of that court; or
(e) if the judgment debtor, being a defendant
in the original court, had an office or place of business in the country of
that court and the proceedings in that court were in respect of a transaction
effected through or at that office or place.
(2) The provisions of 
paragraph (1) of this Article shall not apply
to judgments where the subject matter of the proceedings was immovable property,
but the jurisdiction of the original court shall be recognised if such property
were situated in the country of the original court.
(3) The provisions of 
paragraph (1) of this Article shall not apply
to judgments given in an action in rem concerning ships, aircraft or their
cargo. The jurisdiction of the original court shall, however, be recognised
if such ships, aircraft or their cargo were situated in the country of the
original court at the time of the commencement of the proceedings in the original
court.
(4) The jurisdiction of the original court
shall not be recognised in the cases specified in 
sub-paragraphs (d) and (e) of paragraph
(1) and in paragraphs (2)
and (3) of this Article,
if the bringing of the proceedings in the original court was contrary to an
agreement under which the dispute in question was to be settled otherwise
than by proceedings in the courts of the country of the original court.
ARTICLE V 

(1) Subject to the provisions of 
paragraph (2) of this Article any judgment
given in the territory of one High Contracting Party under which a sum of
money is payable shall be enforced by execution in the territory of the other
in the manner provided in Articles
VI to VIII of this Convention:Provided that the judgment shall not be enforced if:
(a) the judgment debt has been wholly satisfied,
or
(b) the judgment could not be enforced by
execution in the country of the original court, or
(c) any of the objections to the recognition
of the judgment set out in Article III
exists.
(2) Where the judgment debtor satisfies the
court applied to that an appeal is pending or that he is entitled and intends
to appeal against the judgment in the country of the original court, the judgment
need not be enforced, and the court applied to may take such measures in regard
thereto as are permitted by the law of its country.
ARTICLE VI 

(1) In order that any judgment given in the
territory of the Kingdom of the Netherlands may be enforced in the United
Kingdom, an application by a judgment creditor for its registration should,
in accordance with the procedure of the court applied to, be made:
(a) in England and Wales, to the High Court
of Justice;
(b) in Scotland, to the Court of Session;
and
(c) In Northern Ireland, to the Supreme Court
of Judicature.
(2) The application for registration should
be accompanied by:
(a) a certified copy of the complete judgment
authenticated by the court seal and bearing the formula “In naam der
Koningin”;
(b) an affidavit of the facts required by
the rules of the court applied to;
(c) a translation into English of any document
required by this paragraph certified by a sworn translator or by a diplomatic
or consular officer of either High Contracting Party.
(3) The documents enumerated in 
paragraph (2) shall require no further authentication.

(4) If an application is made in accordance
with paragraphs (1) and 
(2) of this Article in respect of a judgment
fulfilling the conditions laid down in Article
V, registration shall be granted.
ARTICLE VII 

(1) In order that any judgment given in the
territory of the United Kingdom may be enforced in the Kingdom of the Netherlands,
an application by a judgment creditor for the grant of execution should, in
accordance with the procedure of the court applied to, be made to the “arrondissementsrechtbank”
in whose jurisdiction the judgment debtor is resident or owns property.
(2) The application for the grant of execution
should be accompanied by:
(a) a certified copy of the judgment authenticated
by the court seal, or in the case of judgments of the Sheriff Court, authenticated
by the signature of the Sheriff Clerk;
(b) a document issued by the original court
giving particulars of the proceedings and a statement of the grounds on which
the judgment was based;
(c) a translation into Dutch of any document
required by this paragraph certified by a sworn translator or by a diplomatic
or consular officer of either High Contracting Party, if such a translation
is requested by the Court applied to.
(3) The documents enumerated in 
paragraph (2) shall require no further authentication.

(4) If an application is made in accordance
with paragraphs (1) and 
(2) of this Article in respect of a judgment
fulfilling the conditions laid down in Article
V, execution shall be granted.
ARTICLE VIII 

(1) From the date on which it is granted
registration under Article VI
or execution under Article VII
a judgment shall, for the purposes of its execution by virtue of that grant,
have effect in the country of the court applied to as if it were a judgment
originally given in that country on that date.
(2) The procedure for the registration of
a judgment under Article VI
and the procedure for the grant of execution of a judgment under 
Article VII shall be as simple and rapid as
possible, and no security for costs shall be required of any person making
application for such registration or for the grant of execution.
(3) A period of not less than six years,
running from the date of the judgment of the original court, if no appeal
has been brought to a higher court in the country of the original court, or
from the date of the judgment given in last instance if such an appeal has
been brought, shall be allowed by the court applied to for the purpose of
making any application for registration or for a grant of execution.
(4) If it is found by the court applied to
that the judgment of the original court is in respect of different matters
and that one or more, but not all, of the provisions of the judgment are such
that, if those provisions had been contained in separate judgments, those
judgments could properly have been registered or could have been granted execution,
the judgment may be registered or granted execution in respect only of the
provisions aforesaid.
(5) If it is found by the court applied to
that the judgment has been at the date of the application partly but not wholly
satisfied by payment, the judgment shall be registered or execution shall
be granted in respect of the balance remaining payable at that date provided
that the judgment is otherwise one which would be enforceable under the provisions
of this Convention.
(6) If under a judgment a sum of money is
payable, which is expressed in a currency other than that of the country of
the court applied to, the law of that country shall determine if, and if so,
in what manner and on what conditions, the amount payable under the judgment
may or shall be converted into the currency of that country for the purposes
of the satisfaction or enforcement of the judgment debt.
(7) When granting registration or execution,
the court applied to shall, if so requested by the judgment creditor, include
the reasonable costs of and incidental to the grant of registration or of
execution.
(8) Where a judgment is granted registration
or execution it shall carry, in respect of the period up to the date of the
grant, interest at the rate specified in the judgment or in any certificate
of the original court accompanying the judgment. As from the date of the grant,
interest shall be allowed at 4 per cent per annum on the total sum (principal
and interest) in respect of which the registration or execution is granted.

ARTICLE IX 
Any difficulties which may arise in
connection with the interpretation or application of this Convention shall
be settled through the diplomatic channel.
ARTICLE X 

(1) The Governments of the High Contracting
Parties may at any time, by mutual agreement expressed in an Exchange of Notes,
extend the operation of this Convention to:
(a) any territory for the international relations
of which Her Britannic Majesty's Government in the United Kingdom are responsible;

(b) any part of the Kingdom of the Netherlands
outside Europe.
(2) It shall also be specified in the Exchange
of Notes referred to in the preceding paragraph which courts of the territory
concerned or the part of the Kingdom concerned are to be named as the courts
to whose judgments this Convention shall apply, and to which courts application
for registration or grant of execution of any judgment shall be made.
(3) As regards judgments given in a territory
after the extension to that territory has come into force, the courts specified
in the relevant Exchange of Notes as the courts to whose judgments this Convention
shall apply, shall be deemed to have been named in 
paragraph (1) of Article II.
(4) Any such extension shall come into force
one month after the date of the Exchange of Notes.
(5) Either of the High Contracting Parties
may, at any time after the expiry of three years from the coming into force
of an extension of this Convention to any of the territories referred to in 
paragraph (1) of this Article, terminate such
extension on giving six months' notice of termination through the diplomatic
channel.
(6) The termination of this Convention under 
Article XI shall, unless otherwise expressly
agreed by the High Contracting Parties, also terminate it in respect of any
territory to which it has been extended under 
paragraph (1) of this Article.
ARTICLE XI 
This Convention shall be subject to
ratification. Instruments of ratification shall be exchanged at London. The
Convention shall come into force three months after the date on which the
Instruments of ratification are exchanged, and shall remain in force for three
years after the date of its coming into force. If neither of the High Contracting
Parties shall have given notice through the diplomatic channel to the other,
not less than six months before the expiration of the said period of three
years, of intention to terminate the Convention, it shall remain in force
until the expiration of six months from the date on which either of the High
Contracting Parties shall have given notice to terminate it.
IN WITNESS WHEREOF the above-mentioned Plenipotentiaries have
signed this Convention and have affixed thereto their seals.DONE in duplicate at The Hague, this 17th day of November 1967
in the English and Dutch languages, both texts being equally authoritative.
For Her Britannic Majesty:
PETER GARRAN
GARDINER C
For Her Majesty the Queen of the Netherlands:
H. J. de KOSTER

