Commercialising Litigation: The Case of the Netherlands Commercial Court
in: Albert Henke, Marco Torsello, Elena Zucconi Galli Fonseca (eds.), International Commercial Courts. A Paradigm for the Future of Adjudication?, E.S.I. Edizioni Scientifiche Italiane, Napels 2023
13 Pages Posted: 9 Jan 2023
Date Written: November 20, 2022
The Netherlands is one of the countries that has set up an international commercial court in recent times. The Netherlands Commercial Court (NCC) was established on 1 January 2019 as a chamber of the Amsterdam District Court. It was put in place with a view to enabling international civil and commercial cases to be brought before a specialised, English-language court based on a choice of forum clause, and considering that the Netherlands has a well-functioning judicial system. Key features are that litigation is conducted fully in English, procedural rules are flexible, and, supported by modern communication technology, swift dispute resolution can be delivered in usually complex commercial litigation. Four years after the NCC’s inception, the number of disputes brought to it is still limited. However, considering the good embedding of the Court, the positive experiences to far, and continuous active promotion to gain familiarity, the NCC may develop into one of the hubs for international dispute resolution.
Keywords: commercial court, NCC, commercial litigation, arbitration, civil justice
JEL Classification: K12, K19
Suggested Citation: Suggested Citation