How does the burden of proof work under Dutch law?

Dutch term: Bewijslast | Legal basis: Article 150 Rv

Under article 150 of the Dutch Code of Civil Procedure, the party asserting a fact bears the burden of proving it, unless a specific rule of law or the requirements of reasonableness and fairness dictate otherwise. This is the basic starting point of Dutch evidence law.

Dutch courts have broad discretion in evaluating evidence. They may draw adverse inferences from a party's refusal to produce documents, hear witnesses on their own initiative, and appoint experts. The standard of proof is the 'reasonable degree of certainty' rather than the common-law 'balance of probabilities' or 'beyond reasonable doubt'. There is no discovery or disclosure process comparable to US or UK practice.

Why it matters for international businesses

For international businesses, the absence of broad discovery means that building a strong documentary record from the outset of a dispute is essential. The court will not compel the other side to hand over its internal files as a matter of course.