What is res judicata (gezag van gewijsde) under Dutch law?

Dutch term: Gezag van gewijsde | Legal basis: Article 236 Rv

Res judicata (gezag van gewijsde) under article 236 of the Dutch Code of Civil Procedure means that decisions on points of law contained in a final judgment are binding on the parties in subsequent proceedings between the same parties involving the same legal relationship.

The doctrine prevents relitigation of issues that have already been decided. It applies only to the operative part and the essential reasoning of the judgment, not to obiter dicta. Res judicata operates only between the same parties; third parties are not bound by a judgment between others.

Why it matters for international businesses

For international businesses involved in serial disputes with the same counterparty, res judicata can provide a strategic advantage: a favorable ruling on a key point in one proceeding can be relied upon in subsequent matters.