NETHERLANDS COMMERCIAL COURT KICKS OFF
As per the 1st of January 2019, the Netherlands Commercial Court (NCC) was created. This introduces English-language dispute resolution in the Netherlands government court system. The NCC is set up as a specialized chamber within the Amsterdam court. According to the NCC it is “well positioned to swiftly and effectively resolve international business disputes”.
At HEUSSEN, we believe the NCC is indeed an effective additional forum for international commercial and business disputes. With proceedings and judgments in English, litigation before the NCC promises to be efficient and well-suited for our client base. Given the combination of affordable costs and procedural flexibility, the NCC could prove a valuable alternative to other national and international courts and even arbitration. For commercial contracts between a Dutch and foreign entity, the NCC is a suitable choice of venue. At HEUSSEN, we have a unique focus on assisting international clients and we therefore welcome the opportunities the NCC provides.
We look forward to discussing these possibilities with you. Feel free to contact our lawyers with any queries you may have.
Below are some quick facts about the NCC.
- The language of the entire proceedings is English (including judgment)
- NCC is situated in the Dutch courts, which are ranked number 1 worldwide
- The regular Code of Civil Procedure applies, but the NCC Rules provide flexibility to the parties
- Active case management in consultation with the parties: typically a conference will be scheduled to discuss issues, motions, fact-finding and a timetable
- Speedy proceedings: the Dutch courts are the 5th fastest in the European Union with an average of 130 days from a notice to appear to a final judgment
- Cases are heard by an experienced three-judge panel
- Affordable costs: a flat court fee of EUR 15,000 (NCC District Court) or EUR 20,000 (NCC Court of Appeal)
- The judgments are directly enforceable, similar to regular judgments from the Dutch court system