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The Netherlands Commercial Court officially opened!

The Netherlands Commercial Court was created on 1 January 2019. The Netherlands Commercial Court (NCC District Court and NCC Court of Appeal) is part of the Dutch court system, which is ranked number 1 worldwide (civil justice) in terms of efficiency, reliability and transparency. And the Netherlands – Amsterdam in particular – are a prime location for business, as well as a gateway to Europe. To mark the occasion, dignitaries were present at a formal opening ceremony at the Palace of Justice in Amsterdam on 6 February 2019. NCC is well positioned to swiftly and effectively resolve international business disputes.

Key features

• NCC is situated in the Dutch courts, which are ranked number 1 worldwide www.worldjusticeproject.org (civil justice).

• 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.

• The language of the entire proceedings is English (including judgment).

• NCC judges are impartial, independent and experienced in complex international business matters.

• Cases are heard and disposed of by a three-judge panel.

• Active case management in consultation with the parties: typically a conference will be scheduled to discuss issues, motions, fact-finding and a timetable.

• Clear rules of procedure: the NCC Rules provide parties with reliable, transparent guidance on procedural matters.

• Focus on global best practices: the NCC Rules provide flexibility.

• 24/7 availability: in exceptionally urgent cases, the court is authorised to hear and decide cases anytime, anywhere.

• Low costs: a flat court fee of € 15,000 (NCC District Court) or € 20,000 (NCC Court of Appeal).

A baseline everyone can refer to

Proceedings before the NCC are governed by the NCC Rules of Procedure. The NCC Rules, in authentic English and Dutch versions, outline the main procedure and practice rules. They reflect global best practices (such as the IBA Rules) and many Civil Procedure Code provisions, to create a baseline that judges, lawyers and parties can easily refer to. Important guidance is available in the Addendum to the NCC Rules. The NCC will apply the Dutch Code of Civil Procedure in the existing version. The applicable substantive law is determined by reference to the rules of Dutch private international law.

Should you have any questions, comments or require further information regarding the NCC, please do not hesitate to contact us.

Also view our previous blogs on this subject here, here and here.

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