The Netherlands Commercial Court (NCC)

It looks like the Netherlands will soon have an alternative court for commercial disputes: the Netherlands Commercial Court (hereinafter: the “NCC”).

The Dutch Judicial Organisation (de Rechtspraak) has announced that it intends to start with the NCC as per 1 January 2017. The NCC will be a facility at the Amsterdam District Court and the Amsterdam Court of Appeals, specialized in hearing (international) commercial disputes. At this time Commercial courts already exist in London, Dublin, Delaware, Dubai and Singapore. However, the unique selling point of the NCC in comparison to these courts will be that Dutch civil procedural law (which is perceived as very pragmatic) will be applicable. English will be the language of the proceedings, unless the parties jointly request that the language be Dutch.

The NCC will focus on complex and extensive trade disputes in a broad sense. It will not judge cases or claims that fall within the exclusive competence of another court, such as the Commercial Division or the Patent Court.

Litigation at the NCC will take place on a voluntary basis. Parties may choose to settle the dispute through the NCC either before or after the dispute has arisen. It is intended that there will be no minimum interest criterion, so that claims of an indefinite value or disputes between (relatively) small businesses/start-ups could also be settled by the NCC.

Should you wish any further information on the NCC, please do not hesitatie to contact us.

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The Netherlands Commercial Court (NCC)