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.