Partially in response to an increasing number of international commercial disputes being resolved in arbitration proceedings rather than before the courts, and with Brexit serving as catalyst, multiple countries on the European continent have developed initiatives to establish English-language international commercial courts.
To date, the Netherlands Commercial Court (NCC) – which opened its doors on 1 January 2019 – is the only fully operational and truly international commercial court. The distinguishing feature of the NCC is that the entire proceedings are conducted in English, including submissions, communications with the Court, hearings and judgments. Furthermore, the procedural rules of the NCC provide the flexibility for proceedings to be conducted either in the civil law tradition or in a manner similar to proceedings in international arbitration or common law jurisdictions. By providing this flexibility, the NCC aims to make proceedings recognisable for international parties.
Consequently, the NCC operates on the border between arbitration proceedings and traditional court proceedings. Additionally, the NCC is one of the few places in the world where a setting-aside action can be brought in an English-language environment in a civil law jurisdiction.
The lawyers from our international arbitration team are closely involved in all the developments concerning the NCC. If you have any questions, please do not hesitate to contact us.
The dedicated Stibbe website www.netherlandscommercialcourt.info contains all the latest information on the NCC.