Hoge Raad, uitspraak van 01/02/1985
Decision by national courts in the field of European Union law — ECLI:NL:HR:1985:AL6226
Date: 1985-02-01
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81985NL0201(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
Parties residing in states outside the EC at the time of proceedings (Malta and South Korea) had entered into a towage contract for the towage of a vessel from the United Arab Emirates to Libya. The contract contained a clause that attributed jurisdiction to the Rechtbank of Rotterdam (NL). After the towed vessel had sunk in the Arabian Sea, the South Korean party arrested the tug in Bahrain, where court proceedings were brought. The Maltese party commenced proceedings in Rotterdam, relying on the jurisdiction clause. Lower Dutch courts declined jurisdiction. Proceedings before the Hoge Raad (NL) were initiated by means of a special appeal ('cassatie in het belang der wet').
The Hoge Raad (NL) holds that Dutch national law forms part of an international legal community through many treaties that have been concluded by the Netherlands. For that reason, due regard should be given to the needs of international legal practice. That practice not only requires that parties be able to determine from the outset which court has international jurisdiction, but also that parties have the freedom to opt for adjudication by a court that they consider to be neutral or to have specific expertise at its disposal. This interest of international legal practice should prevail. Such a conclusion is in line with the international developments in law and with multilateral treaties binding on the Netherlands, notably Articles 17 and 18 of the Brussels Convention. Therefore, in the absence of treaty or statutory provisions on jurisdiction that provide otherwise, parties are free to confer jurisdiction on the Dutch courts for matters that are at their free disposition unless there is no reasonable interest to do so.