What is a counterclaim (eis in reconventie) under Dutch law?

Dutch term: Eis in reconventie | Legal basis: Articles 136-138 Rv

A counterclaim (eis in reconventie) under articles 136 to 138 of the Dutch Code of Civil Procedure is a claim filed by the defendant against the claimant within the same proceedings. The counterclaim must be included in the statement of defence (conclusie van antwoord) and is heard together with the main claim.

The counterclaim can relate to any matter between the same parties; it does not need to arise from the same contract or legal relationship as the main claim. The court decides both the main claim and the counterclaim in one judgment. Filing a counterclaim can be strategically valuable because it forces the claimant to defend as well as attack, and it can create set-off opportunities.

Why it matters for international businesses

For defendants facing a Dutch claim, the counterclaim is an important tactical tool. Failing to include it in the statement of defence means filing it separately, which is less efficient and may be procedurally restricted.