What is a forum selection clause under Dutch law?

Dutch term: Forumkeuzebeding | Legal basis: Article 25 Brussels I Recast

A forum selection clause (forumkeuzebeding) designates which court or courts have jurisdiction over disputes arising from the contract. Within the EU, choice of court agreements are governed by article 25 of Brussels I Recast (Regulation (EU) 1215/2012), which requires the agreement to be in writing or evidenced in writing.

A valid forum selection clause under Brussels I Recast is exclusive unless the parties expressly agree otherwise. The chosen court has jurisdiction even if neither party is domiciled in that member state. Article 31(2) of Brussels I Recast strengthens the protection of exclusive choice of court clauses by giving the designated court priority over any court seized first.

Why it matters for international businesses

For international commercial contracts, the forum selection clause and the choice of law clause together determine the entire dispute resolution framework. Inconsistencies between the two, or between the forum clause and an arbitration clause in the same contract, are a frequent source of jurisdictional disputes.