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 2024

13 Pages Posted: 9 Jan 2023 Last revised: 16 Feb 2024

See all articles by Xandra E. Kramer

Xandra E. Kramer

Utrecht University - Faculty of Law; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Georgia Antonopoulou

Birmingham Law School, University of Birmingham

Date Written: November 20, 2022

Abstract

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

Kramer, Xandra E. and Kramer, Xandra E. and Antonopoulou, Georgia, Commercialising Litigation: The Case of the Netherlands Commercial Court (November 20, 2022). 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 2024, Available at SSRN: https://ssrn.com/abstract=4320020 or http://dx.doi.org/10.2139/ssrn.4320020

Xandra E. Kramer (Contact Author)

Utrecht University - Faculty of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Georgia Antonopoulou

Birmingham Law School, University of Birmingham ( email )

Edgbaston Campus
Birmingham, West Midlands B15 2TT
United Kingdom
+447760759085 (Phone)

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