Short Reads

Handbook on the Netherlands Commercial Court published

Stibbe book on the Netherlands Commercial Court published

Handbook on the Netherlands Commercial Court published

08.03.2019 NL law

To coincide with the opening of the Netherlands Commercial Court, Matthijs Kuijpers of Stibbe Amsterdam has released the handbook on this new court setting out all relevant information concerning this new international court and what it may offer parties to future international commercial litigation.

The Netherlands Commercial Court opened its doors in Amsterdam on 1 January 2019. The distinguishing feature of this new international court is that proceedings will be conducted – and judgments rendered – entirely in English. Additionally, the procedural rules of the Netherlands Commercial Court provide flexibility, allowing proceedings to be conducted either in the civil law tradition, or in a manner more similar to proceedings in common law jurisdictions or international arbitration. This flexibility aims to make proceedings more recognisable for international parties.

The Netherlands Commercial Court will hear international civil or commercial disputes, provided that the parties have expressly agreed to confer jurisdiction on the Netherlands Commercial Court.

The Netherlands Commercial Court has been established as a division of the Amsterdam District Court (to be known as the NCC) and of the Amsterdam Court of Appeal (to be known as the NCCA). The NCC also has a Court in Summary Proceedings (CSP) for urgent interim relief measures. 

The establishment of the Netherlands Commercial Court forms part of an important international trend, in which various non-English speaking civil law jurisdictions establish international commercial courts. The extent to which the English language can be used during the legal proceedings before such international commercial courts varies between jurisdictions, as does the extent that the conduct of the proceedings has been amended to make the proceedings more recognisable for international parties. The Netherlands Commercial Court is certainly one of the frontrunners in both areas.

The book "the Netherlands Commercial Court" examines the characteristics of the Netherlands Commercial Court, including its objectives, the background to its establishment, and potential benefits and drawbacks. The book can be ordered here.

Stibbe website on the Netherlands Commercial Court (NCC)

Stibbe has also launched the website www.netherlandscommercialcourt.info to update you on the latest developments on the Netherlands Commercial Court. Go to the website.

Team

Related news

30.06.2021 NL law
Breaking off negotiations: obligation to renegotiate

Short Reads - As long as a contract has not yet been concluded, the parties’ freedom of contract is paramount.  In principle, the parties are free to decide whether to continue or break off negotiations. Nevertheless, circumstances may arise under which breaking off negotiations is unacceptable. One of the remedies available to the injured party in such a case is to seek a court order to continue negotiations. This blog post discusses the chance of success of such a court order, and the factors involved.

Read more

07.06.2021 NL law
Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions

Short Reads - On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell. In this blog, a multidisciplinary team from Stibbe gives its first view of this ruling and explains why it could be a groundbreaking ruling.

Read more