Agency law in The Netherlands

According to Dutch law an agency relationship exists when:

  • the commercial agent is self employed
  • the relationship between the commercial agent and the principal is not of an incidental nature
  • the commercial agent does not act on his own behalf but acts for the account of and in the name of his principal
  • the commercial agent acts as intermediary in the conclusion of contracts between the principal and third parties, or concludes contracts himself for the account of and in the name of his principal.

If all of these elements exist in a relationship, Dutch law applies.

Applicability of Dutch Agency Law; Jurisdiction of the courts in Holland

In the absence of a contractual choice of law, Dutch law generally will be applied by Dutch courts and arbitral tribunals if the commercial agent has its habitual residence or place of business in the Netherlands. In the absence of a contractual choice of forum, the cantonal courts have jurisdiction over disputes arising from agency relationships.

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LAW - associated firm

Together with a number of international law firms outside
The Netherlands, Blenheim is member of Lawyers Associated Worldwide.

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