Netherlands Commercial Court

1

What is NCC?

NCC DISTRICT COURTinternational commercial chamber

Amsterdam District Court(incl. CSP - Court in Summary Proceedings)

+NCC COURT OF APPEAL

international commercial chamberAmsterdam Court of Appeal

2

Palace of Justice, IJdok, Amsterdam(NCC courtrooms)

Why NCC?

3

• Judges with experience in complex international business cases

• Panels of three judges• In English• Efficient • Focus on global best practices• Electronic filing and communication• Judgment easy to enforce in the EU

Experienced judges

4

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

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

In English

5

• Proceedings in English: documents, hearing and judgment• No need for translation of exhibits in Dutch, German or French, unless the

court directs otherwise• Third parties: the court will give directions on the language of the case

(Art. 2.2 NCC Rules (NCCR))- Adding third parties: English language requirement applies to the third party- Contribution/indemnity: allowed only if the third party agrees for English to be the language

of the case- Lifting attachment: in English if action is brought in the CSP

Efficiency

6

World leader in just and efficient disposition of civil cases Source: worldjusticeproject.org

Efficiency (2)

7

Fourth in EU in speed of civil justice: average of 130 days from start to finish Source: EU Justice Scoreboard 2019

Efficiency (3)

8

• Active case management: no undue delays• Timetable for motions and next steps• Effective communication • Tools to sanction dilatory tactics • No fishing expeditions: only limited document disclosure

Focus on global best practices

9

• Foreign lawyers can draft documents and speak at any hearing• Examination and cross-examination by counsel• Parties can submit written witness statements to the court prior to

examination of the witness• Parties can hire court reporters to prepare verbatim reports• Special chamber to rule on disclosure of confidential documents• Joint hearing with a foreign case involving the same matters or issues• Evidentiary agreements: parties may decide to apply special rules on

matters within their autonomy to agree

Jurisdiction

10

Art. 30r Dutch Code of Civil Procedure (DCCP)

• Amsterdam District Court has jurisdiction over the case• Civil or commercial case within the parties’ autonomy• International dispute• Not: Subdistrict Court jurisdiction and cases allocated to specialist

court/chamber• Election of proceedings in English before the NCC (NCC clause)

“International dispute”

11

NCC Rules (explanatory note on Art. 1.3.1 (b)):• A party is established in another jurisdiction• A party is incorporated under foreign law• A convention or foreign law applies to the dispute• The dispute arises from an agreement in a language other than Dutch• Majority of worldwide employees are based somewhere other than NL• Over half of consolidated turnover is realised somewhere other than NL• Securities are traded on a regulated market not in NL• The dispute concerns legal facts or legal acts not in NL• The dispute otherwise involves a relevant cross-border interest

NCC clause

12

Art. 30r DCCP• “In writing”• “Express”: tacit consent in general terms and conditions is not

enough (MvT)• Before or after a dispute arises• Includes CSP cases (summary proceedings, attachment, European

Account Preservation Order)• May include NCC Court of Appeal for setting aside procedures

against an arbitral award, provided Amsterdam is the formal “seat of arbitration”

NCC clause (2)

13

NCC model clause (see www.ncc.gov.nl)

All disputes arising out of or in connection with this agreement will be resolved by the Amsterdam District Court following proceedings in English before the Chamber for International Commercial Matters (“Netherlands Commercial Court” or “NCC District Court”), to the exclusion of the jurisdiction of any other courts. An action for interim measures, including protective measures, available under Dutch law may be brought in the NCC's Court in Summary Proceedings (CSP) in proceedings in English. Any appeals against NCC or CSP judgments will be submitted to the Amsterdam Court of Appeal’s Chamber for International Commercial Matters (“Netherlands Commercial Court of Appeal” or “NCCA”).

NCC Rules (1)

14

• English and Dutch versions• Incorporates key Dutch Code of Civil Procedure rules, creating

a common baseline that everyone understands• Glossary of legal terms in English and Dutch

(see www.ncc.gov.nl)

NCC Rules (2)

15

Chapters:1) Scope2) Language3) Mode of procedure and time limits4) Initiating an action5) Default and defence6) Motions and interim measures7) Hearing8) Evidence9) Judgment10) Costs11) Discontinuance, withdrawal and restart12) Final provisions

Communication – eNCC and more

16

• Electronic filing and communication in eNCC• 24/7 up-to-date view of what’s going on • Electronic courtroom facilities• Video-conferencing solutions for case management or other

hearings; remote off-site participation

17

18

19

20

Costs

21

• Court fees- NCC Court in Summary Proceedings: € 7.500- NCC District Court: € 15,000- NCC Court of Appeal: € 20,000 (summary proceedings: € 10,000)

• Allocation of costs- Agreement by the parties will be enforced, as a rule (Art. 10.2 NCCR)- Absent agreement: NCC rates apply (€ 1,000 - € 12,000 for each act of

process; see Annex III to the NCCR)

NCC legislation

22

The legislation necessary for NCC to give judgments only in English was adopted by the Dutch Senate on 11 December 2018. The Minister of Justice issued the requisite decree, and the NCC legislation entered into force on 1 January 2019.

That means NCC is open for business!

Questions?

23

Website http://www.ncc.gov.nlE-mail NCC@rechtspraak.nl

Twitter @NethComCourtLinkedIn Netherlands Commercial Court