Stibbe launches website on the new Netherlands Commercial Court
Netherlands Commercial Court
The Netherlands Commercial Court is a new international commercial court, which opened its doors in Amsterdam on 1 January 2019. The major 'selling point' of the Court is that the entire proceedings will be conducted in English, including any written statements, communication with the Court and hearings. Furthermore, the procedural rules of the Netherlands Commercial Court also provide the flexibility for proceedings to be conducted in the civil law tradition or in a manner similar to proceedings in international arbitration or common law jurisdictions. By providing this flexibility, the Netherlands Commercial Court aims to make proceedings recognisable for international parties.
Civil or commercial disputes
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 is not a separate court but part of the existing Dutch judicial system, which consists of eleven District Courts, four Courts of Appeal and a single Supreme Court. The Netherlands Commercial Court will be established as a specialised division of the Amsterdam District Court – known as the NCC District Court – and of the Amsterdam Court of Appeal – known as the Netherlands Commercial Court of Appeal (NCCA). The NCC District Court will also have a Court in Summary Proceedings (CSP) for urgent interim relief measures. The Dutch Supreme Court also has jurisdiction, albeit that all its decisions will be rendered in Dutch to progress the development and uniformity of Dutch law.
When the idea of a Netherlands Commercial Court was first launched, it was argued that the internationally-orientated Dutch economy required a strong judiciary with a dedicated court using specialist judges to quickly resolve international disputes in English.
