International trade plays a significant role in the Netherlands. In order to be able to properly deal with arising disputes, legislation has been in the making for some time to establish a Dutch court which specialises in international trade disputes. Following agreement by the House of Representatives on 8 March 2018, the Senate approved legislation for this special court on 11 December 2018.
Own process rules
The international court will be established in the Amsterdam District Court and the Amsterdam Court of Appeal. It will be called the Netherlands Commercial Court (NCC).
The NCC’s language of instruction will be English, and judgments will be made in English. The NCC will also have its own process regulations (NCCR). The court will comprise judges who have experience in dealing with complex international commercial matters. The decisions made by the NCC can be implemented within the European Union without further authorisation.
Please note that the choice to use the NCC must be made explicitly in writing. The parties must therefore expressly agree on the applicability of the NCC; silent acceptance is not enough.
The solution for complex international disputes
With the establishment of this court, the Dutch judiciary meets an important wish from the business world: an English court that will handle complex international disputes as efficiently as possible. Whereas foreign companies have increasingly moved abroad to settle their commercial disputes in countries where there are international courts and arbitration institutes, with the establishment of the NCC this will no longer be necessary. The judiciary expects 125 NCC cases per year over time.
Following agreement by the Senate, we expect that the Netherlands Commercial Court will soon open its doors.
Questions? More information?
As an internationally-oriented office, we are happy to assist you with international disputes. Please contact me to discuss your particular situation.
Publication date: 20 December 2018