Renvooiprocedure
Renvoi procedure
The renvoi procedure is the mechanism in private international law whereby a court applies the choice-of-law rules of a foreign legal system, which may result in a reference back to Dutch law.
In Dutch law, the renvoi procedure arises when a foreign conflict rule is applied in determining the applicable law. That rule may in turn refer back to Dutch law or to a third legal system, thereby requiring the court to apply Dutch law after all.
The procedure is relevant in international matters because it affects the outcome of disputes concerning, for example, contracts, succession or family law. Lawyers must take possible renvoi effects into account when preparing a case in order to determine the appropriate choice of law and litigation strategy.
“The court applied the renvoi procedure and concluded that Dutch law ultimately governed the dispute.”
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