19 March 2016

Netherlands Commercial Court

The Netherlands Commercial Court (NCC), is a new commercial court for settling international trade disputes in the Netherlands, will be established in Amsterdam as from January 1, 2017. The lawfirm Blenheim of Amsterdam, specialized in international company law and commercial litigation, is very pleased with the establishment of the Netherlands Commercial Court which will allow international companies to opt for this Dutch procedure in the English language. The NCC will be a special court with dedicated judges who have expertise and experience in large commercial disputes. Disputes can be of any nature such as contract dispute, pre-contract issues, events of default and damages, transport issues, trust cases, et cetera. Also Dutch companies may bring a dispute to the Netherlands Commercial Court.

Dutch law firm specialized in international disputes

Since the Netherlands has always been a trading place lawfirms have experience in international disputes. Dutch commercial lawyers always speak English. As a specialized lawfirm in company and trade disputes we very much welcome the Netherlands Commercial Court in Amsterdam. Most lawyers in our firm speak more than two foreign languages and have studied or worked abroad. We look forward to advise companies in the Dutch legal system which apart from the regular court system and good arbitrage facilities will have an English speaking specialized Commercial Court in Amsterdam. Proceedings will not be as expensive as similar proceedings in London.

Regular Court system in the Netherlands

The Dutch Courts can be distinguished in four types: the Supreme Court, the Courts of Appeal, the District Courts and the Subdistrict Courts. The regular court system Netherlands is divided into 11 district courts, 4 courts of appeal and 1 Supreme Court. Most commercial cases start at a district court. Every district court has a limited jurisdiction sector (the cantonal court), which hears cases such as employment or rent disputes, and civil cases involving claims of up to €25,000. This sector also hears cases involving minor criminal offences (misdemeanours). If one of the parties disagrees with the court’s ruling, the case may be referred to a court of appeal and subsequently, through an appeal in cassation, to the Supreme Court.

How to start legal proceedings in the Dutch Court?

The question if a case can be filed with the Dutch Court, is usually answered by European Regulations and Treaties (Conventions). If international rules do not provide an answer on the competence of the Dutch Court, the matter is dealt with by Dutch rules of International Private Law. Dutch statutory provisions decide whether a cross-border claim may be accepted by a Dutch court. A legal claim in the Netherlands must be filed in first instance either at the District Court itself or at one of its Subdistrict Courts. The claim should be filed by a Dutch attorney admitted to the Dutch Bar Association.