Creation of a New Netherlands Commercial Court confirmed -- international commercial litigation possibilities opened

• Netherlands

• Litigation and dispute management

12-12-2018

Creation of a New Netherlands Commercial Court confirmed -- international commercial litigation possibilities opened

On 11 December 2018, the Dutch Senate voted to create the Netherlands Commercial Court (NCC District Court and NCC Court of Appeal) as part of the Amsterdam courts. The NCC facilitates international commercial litigation being further conducted in the Netherlands.

The NCC fulfils the need for international operating companies to resolve their disputes before a neutral, efficient and specialist forum with skilled commercial judges. According to the worldjusticeproject.org, The Netherlands ranks no. 1 jurisdiction in the world for just and efficient handling of litigation in civil matters (source: worldjusticeproject.org (civil justice)). Each case at the NCC will be handled by a three-judge panel with broad experience in dealing with complex international business matters.

Most notably for international clients, proceedings and hearing(s) can be fully conducted in English. Also judgments will be made up in English. The Netherlands is also aligned with numerous international treaties, including the Brussels Regulation, the Lugano Convention and the Hague Convention. Therefore, Dutch judgements, including those of the NCC, are easily enforceable abroad.

Other features of the new court are:

• 24/7 availability;
• tailor made agreements with the NCC on case management;
• focus on global best practices (such as the IBA rules);
• digital filings and communications;
• efficient enforcement of judgments;
• low court fees.

The NCC will inter alia handle proceedings on the merits, summary proceedings, attachment proceedings and annulment proceedings of arbitral awards. The NCC can also deal with class actions and class settlements.

The NCC will soon open its doors at the Palace of Justice at the IJdok in Amsterdam.

How Eversheds Sutherland can advise

The litigation team at Eversheds Sutherland, led by Yuri Wehrmeijer in The Netherlands, has led clients through some of the most complex disputes and challenging regulatory investigations around the world. With over 400 experienced litigation attorneys in the U.S., Europe, Middle East, Africa and Asia our global team is able to handle the largest and most complex cross border disputes and regulatory challenges.