On 11 December 2018 the Dutch Senate passed the bill for the Netherlands Commercial Court (NCC). The NCC is a chamber of the Court – and on appeal: the Court of Appeal – of Amsterdam, specializing in international commercial disputes. Proceedings before the NCC may be conducted in English. The procedural rules that have been developed specifically for the NCC, are geared towards an efficient resolution of the complex matters the NCC focuses on. The NCC will launch early 2019.
The judges of the NCC have been selected for their in-depth knowledge of and experience with international commercial disputes, and have an excellent mastery of the English language. This makes the NCC an interesting new option for the expeditious and cost effective resolution of disputes by a Dutch court.
In addition, the NCC may be selected as the competent court to hear requests for setting aside of arbitral awards seated in the Netherlands. This opens the possibility for conducting arbitral proceedings in the Dutch language, as well as any subsequent setting aside proceedings.
As the NCC is a special instance, a choice for the NCC must meet specific requirements. We remain at your disposal to advise on including an NCC-clause in a future contract, or in case a dispute has already arisen. Also after a dispute has arisen, parties may opt to resolve their dispute before the NCC.
But also for legal disputes, prevention is better than cure. We advise on how to deal with potential disputes before they arise. What opportunities do alternative mechanisms such as mediation and arbitration provide? What is required to engage in such alternative mechanisms? And how to effectively preserve your position before a ruling has been made? By front loading your thinking on these issues, you ensure you maintain grip on the situation should a dispute arise.