Short Reads

Implementation of KEI legislation for Civil 1.0 procedures

Implementation of KEI legislation for Civil 1.0 procedures

Implementation of KEI legislation for Civil 1.0 procedures

26.06.2017 NL law

On 1 September 2017, the KEI legislation for claims with mandatory representation (Civil 1.0) will enter into force at the courts of Gelderland and Central Netherlands. From this date, litigation will only be processed digitally in these courts.

In principle, the KEI legislation for Civil 1.0 procedures will be rolled out nationally at the other first instance courts five months later. The pilot period may also  be extended. In that context, in a progress report of 15 May 2017, the Minister of Security and Justice emphasized that care and reliability are paramount and that there are various decision making moments before further KEI legislation comes into effect.

In the run-up to Civil 1.0, a pre-pilot at the courts of Gelderland and Central Netherlands  took place in cooperation with law firms involving a total of 17 mock cases. In addition, on the basis of the experimentation provision which is included in the KEI legislation, three real cases have been processed by the pilot courts.

Originally, it was hoped that Civil 1.0 would start earlier than 1 September 2017, but the Judiciary and the Dutch Bar Association decided to extend the pre-pilot and start the mandatory phase of digital litigation only once both parties felt that the system was 'ready for it'. See the previously published blog 'The start of KEI: introduction of digital litigation'.

At the start of the mandatory phase of digital litigation, there will be a large group of lawyers who do not have the pre-pilot experience and for whom digital processing is entirely new. This may cause some 'teething' problems.

In his advice of 13 April 2017, the Chairman of the Judiciary stated to the Minister of Security and Justice regarding the (partial) entry into force of the KEI laws that the Judiciary will adopt a reasonable attitude towards digital litigation. In addition, civil courts have agreed to a recommendation from the Judiciary on excusable failure to meet the deadline.

Team

Related news

04.06.2019 NL law
Dutch Supreme Court clarifies evidentiary rules concerning signatures and signed documents

Short Reads - In two recent decisions, the Dutch Supreme Court has clarified the evidentiary power of signed documents. If the signatory unambiguously denies that the signature on the document is his or hers or claims that another party has tampered with the signature (for instance, through forgery or copying a signature from one document and pasting it in another), it is up to the party invoking the signed document to prove the signature's authenticity (ECLI:NL:HR:2019:572).

Read more

24.05.2019 NL law
European regulatory initiatives for online platforms and search engines

Short Reads - As part of the digital economy, the rise of online platforms and search engines raises all kinds of legal questions. For example, do bicycle couriers qualify as employees who are entitled to ordinary labour law protections? Or should they be considered self-employed (see our Stibbe website on this issue)? The rise of online platforms also triggers more general legal questions on the relationship between online platforms and their users. Importantly, the European Union is becoming increasingly active in this field.

Read more

03.06.2019 NL law
Toerekening van kennis van groepsvennootschappen

Articles - In de praktijk doet zich vaak de vraag voor of kennis die aanwezig is binnen de ene vennootschap kan worden toegerekend aan een andere vennootschap binnen hetzelfde concern. In dit artikel verkent Branda Katan zowel de dogmatische grondslag als de praktische toepassing van een dergelijke toerekening. Zij concludeert dat het ‘Babbel-criterium’ (heeft in de gegeven omstandigheden de kennis X in het maatschappelijk verkeer te gelden als kennis van Y?) geschikt is voor het toerekenen van kennis in concernverband.

Read more

21.05.2019 BE law
The International Comparative Legal Guide to Corporate Recovery & Insolvency 2019 - Belgian chapter

Articles - This Guide covers common issues in corporate recovery and insolvency - including issues that arise when a company is in financial difficulties, insolvency procedures, cross-border issues - in 30 jurisdictions. Pieter Wouters and Paul Van der Putten of Stibbe Brussels' Litigation department contributed to the Belgian chapter of the ICLG.

Read more

28.05.2019 NL law
Dutch court: insufficient substantiation? No follow-on cartel damages action

Short Reads - Dutch courts are forcing claimants (including claims vehicles) to be well-prepared before initiating follow-on actions. The Amsterdam District Court in the Dutch trucks cartel follow-on proceedings recently ruled that claimants – specifically CDC, STCC, Chapelton, K&D c.s. and STEF c.s. – had insufficiently substantiated their claims. These claimants now have until 18 September 2019 to provide sufficient facts regarding transactions that – according to them – were affected by the cartel. Preparation should thus be key for cartel damages actions.

Read more

01.05.2019 NL law
Arbitral award obligating Ecuador to prevent enforcement of USD 8.6 billion order does not violate public order

Short Reads - Due to environmental damage as a result of oil extraction in the Ecuadorian Amazon, oil company Chevron was ordered to pay USD 8.6 billion to Ecuadorian citizens. In order to claim release of liability, Chevron and Texaco initiated arbitration proceedings against Ecuador. Arbitral awards ordered Ecuador to prevent enforcement of the Ecuadorian judgment, leaving the Ecuadorian plaintiffs temporarily unable to enforce their judgment. According to the Supreme Court (12 April 2019, ECLI:NL:HR:2019:565), these arbitral awards did however not violate public order.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring