Litigating in English: the establishment of a Netherlands Commercial Court (NCC) and a Netherlands Commercial Court of Appeal (NCCA) with effect from 1 januari 2019

In my previous Legal Updates of 7 December 2018 and 11 December 2018 I stated that last year the Dutch Senate approved the bill for the establishment of a Netherlands Commercial Court and a Netherlands Commercial Court of Appeal. The aim of this bill is to make it possible to conduct legal proceedings in English in the Netherlands at the international commercial divisions of the Amsterdam District Court and the Amsterdam Court of Appeal.

The judiciary has announced that the Netherlands Commercial Court and the Netherlands Commercial Court of Appeal opened their doors on 1 January 2019. This means that from 1 January 2019 onwards it is possible to conduct legal proceedings in English in international, commercial disputes if the parties opt for the Netherlands Commercial Court. The judiciary has prepared a model clause for a choice of forum. The parties can use this clause if they wish to submit their dispute to the Netherlands Commercial Court.

We will keep you informed of the further developments concerning the Netherlands Commercial Court and the Netherlands Commercial Court of Appeal through our Legal Updates.

This is a Legal Update from Sonja Kruisinga.

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