The Netherlands Commercial Court (NCC District Court and NCC Court of Appeal (“NCCA”)) opened its doors on 1 January 2019. The Netherlands was looking to boost its credentials as an international hub for complex litigation and international dispute resolution. Therefore the NCC has been created. By doing so, the Netherlands joined the likes of London, Singapore and Dubai.
The NCC focusses on resolving international business disputes. It is designed to meet the growing demand from internationally operating companies to conduct proceedings in the English language, whilst keeping the benefit of pragmatic and efficient Dutch procedural law. The NCC is built on a solid foundation: the reputation of the Dutch judiciary, which is ranked among the most efficient, reliable and transparent worldwide. And the Netherlands – and Amsterdam in particular – are a prime location for business and a gateway to Europe.
Features of the NCC
A matter may be submitted to NCC if parties have explicitly decided to litigate before the NCC. English will in principle be the official language for proceedings.
NCC judges are impartial, independent and experienced in complex international business matters. Cases are heard and disposed of by a three-judge panel. There is active case management in consultation with the parties and (foreign) attorneys are actively involved: typically a conference will be scheduled to discuss issues, motions, fact-finding and a timetable.
Court fees are fixed, which increases transparency of the costs of NCC proceedings in advance. Court fees per party are EUR 15,000 for litigation before the NCC and EUR 20,000 before the NCCA. The unsuccessful party will bear the costs of the proceedings (both its own and the successful party’s).
As the NCC forms part of the existing Dutch courts, its decisions can be executed throughout the EU without the need for court intervention.
The NCC will become an interesting alternative to cross-border arbitration or litigation before other national or international courts.
The official website of the NCC can be found here.
If you would like to find out more about the NCC, please feel free to contact our team of internationally operating lawyers.