Netherlands Commercial Court (NCC): English-language court proceedings in Amsterdam

The Netherlands Commercial Court (NCC) is the English-language international commercial chamber of the Amsterdam District Court, with its own Court in Summary Proceedings and an appeal chamber at the Amsterdam Court of Appeal. It hears international civil and commercial disputes that the parties have expressly agreed in writing to bring before the NCC in English (Article 32a of the Dutch Code of Civil Procedure). Cases are decided by three judges, the whole procedure and the judgment are in English, and the court fee in 2026 is EUR 19,518 per party at first instance. NCC judgments are Dutch court judgments, enforceable in other EU Member States under the Brussels I bis Regulation.

The Netherlands Commercial Court at a glance

• Chambers: NCC District Court and NCC Court in Summary Proceedings (Amsterdam District Court), NCC Court of Appeal (Amsterdam Court of Appeal); further appeal to the Supreme Court.
• Legal basis: Article 32a of the Dutch Code of Civil Procedure (DCCP) and the NCC Rules of Procedure.
• Access: an international civil or commercial dispute, Amsterdam jurisdiction, and an express written agreement to litigate before the NCC in English.
• Excluded: subdistrict court cases (employment, tenancy, consumer matters, claims of EUR 25,000 or less) and matters reserved to other specialised chambers.
• Court fee 2026: EUR 19,518 per party (NCC District Court), EUR 26,024 per party (NCC Court of Appeal).
• Language: English throughout, including the judgment.

On this page

What Is the Netherlands Commercial Court?

The NCC was created on 1 January 2019 as a set of chambers within the ordinary Dutch courts in Amsterdam that conduct proceedings in English. It is part of the Dutch judiciary, not an arbitral institution.

The statutory basis is Article 32a DCCP, which allows parties to litigate in English before the "internationale handelskamer" of the Amsterdam District Court (Netherlands Commercial Court) or the Amsterdam Court of Appeal (Netherlands Commercial Court of Appeal). The NCC applies Dutch procedural law, supplemented by the NCC Rules of Procedure; the rules of procedure in force since 1 July 2026 govern proceedings pending on or started after that date. The substantive law is determined by Dutch private international law, so an NCC case can be decided under English, German or any other chosen law. For the place of the NCC in the Dutch court system, see the Dutch court system.

When Can a Case Be Brought Before the NCC?

Under Article 1.3.1 of the NCC Rules, four conditions must all be met: a civil or commercial matter within the parties' autonomy, an international dispute, jurisdiction of the Amsterdam District Court, and an express written agreement to litigate before the NCC in English.

1. Civil or commercial matter concerning a legal relationship within the autonomy of the parties: contract and tort claims, property, corporate, competition, technology, construction and similar commercial disputes.
2. International dispute: see the next section.
3. Amsterdam jurisdiction: the parties chose the Amsterdam District Court, or that court has jurisdiction on other grounds, for example the defendant's domicile.
4. NCC agreement: the parties expressly agreed in writing to proceedings before the NCC in English (Article 32a(1) DCCP).

The NCC does not hear cases within the jurisdiction of the subdistrict court, such as employment, tenancy, hire purchase and consumer matters and claims of EUR 25,000 or less, nor matters within the exclusive jurisdiction of another chamber, such as the Enterprise Chamber of the Amsterdam Court of Appeal, the Patent Chamber of the District Court of The Hague or the Maritime Chamber of the Rotterdam District Court. The NCC checks these conditions of its own motion.

When Is a Dispute International Enough for the NCC?

The NCC interprets "international" broadly. Even a dispute between two parties domiciled in the Netherlands can qualify, as NCC judgments have confirmed. The explanatory notes to the NCC Rules give typical examples.

• At least one party lives outside the Netherlands, is established or incorporated abroad, or is a subsidiary of a foreign company.
• A treaty or foreign law applies to the dispute, or the dispute arises from an agreement drafted in a language other than Dutch.
• A party is, or belongs to a group that is, mainly active abroad, measured by the majority of worldwide employees or more than half of consolidated turnover realised outside the Netherlands.

A purely national matter without such connections is not suitable for the NCC. The factor that counts may also be the situation when the NCC agreement was made.

How Do Parties Agree to Litigate Before the NCC?

By an express agreement to litigate before the NCC in English, proven by a written document (Article 32a(1) DCCP). The agreement can be made in advance in the contract, or after the dispute has arisen.

A reference to general terms containing an NCC clause is sufficient only if the specific clause was expressly accepted by or on behalf of the other party (Article 32a(1) DCCP). The NCC Rules add that a designation of the NCC in general terms that was only tacitly accepted has no effect, unless there is express written acceptance of that clause. A normal choice of court for the Amsterdam District Court is therefore not enough in itself: it gives jurisdiction, but not the right to proceed in English before the NCC.

A party that disputes the NCC's jurisdiction or the NCC agreement may raise that defence in Dutch, and the court decides on it in Dutch (Article 32a(4) DCCP). For choice of court clauses in general, see choice of forum clauses under Dutch law.

What Is the NCC Model Clause?

Annex II to the NCC Rules of Procedure contains the following choice-of-court clause and agreement for proceedings in English before the NCC:

"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"), 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").

The NCC Rules of Procedure apply."

The NCC notes that using this text does not automatically mean that all requirements for an NCC case are met. Parties can also agree, in the clause or later, on the law applicable to the dispute, a court reporter, evidence rules departing from the general rules, the disclosure of confidential documents, written witness statements, the manner of taking witness testimony, and the costs of the proceedings. A Dutch version of the clause is included in the Dutch version of the Rules.

Parties who choose arbitration seated in Amsterdam can combine it with the NCC for court proceedings related to the arbitration, such as setting aside an award before the NCC Court of Appeal (Article 1064a(1) DCCP). See arbitration clauses under Dutch law.

How Do NCC Proceedings Work?

An NCC case starts like any Dutch civil case, with a writ of summons or an application, but it is filed and conducted through the eNCC portal and heard by a panel of three judges assisted by a senior law clerk.

1. Originating document: a writ of summons or application designating "the Amsterdam District Court (NCC District Court)" or "the Amsterdam Court of Appeal (NCC Court of Appeal)", with exhibits showing the international character, the NCC agreement, any cost agreements and the evidence available.
2. Assignment: three judges and a senior law clerk; the presiding judge manages the case.
3. Defence and motions: procedural issues such as jurisdiction or document production are dealt with in a case management conference or motion hearing.
4. Evidence: witnesses, experts and documents; parties can agree on evidence rules other than Dutch law.
5. Hearing: the court hears the parties, may explore settlement or mediation, and discusses next steps.
6. Judgment: in English, final or interim.

The eNCC portal is used for all written communications and documents, with the served original writ of summons as the main exception. Parties may not speak to the judges outside hearings and conferences. For Dutch civil procedure in general, see civil proceedings in the Netherlands.

Who Can Represent Parties and in Which Language?

Parties must be represented by a member of the Dutch Bar, who carries out the acts of process. The language of the proceedings is English, including the judgment (Article 32a(4) DCCP).

• Lawyers admitted in another EU or EEA Member State or Switzerland cannot carry out acts of process themselves, but may act for a party in cooperation with a Dutch lawyer (Article 16e of the Advocates Act).
• Other visiting lawyers may not act for a party, but the court may allow them to speak at a hearing.
• A party without sufficient English may bring an interpreter to a hearing at its own expense; the same applies to witnesses and experts.
• If all parties request it, the court may direct that part or all of the proceedings are conducted in Dutch.
• Where a third party is joined, the court gives directions on the language, taking due process into account.

How Fast Are NCC Proceedings?

The court sets the time limits in consultation with the parties. The NCC Rules note that the standard limits of an ordinary commercial chamber (six weeks for a statement, four weeks for an extensive brief, two weeks for a simple brief) will generally be too short for NCC cases, and that longer limits will be directed.

Decisions on motions are generally given within four weeks. In the NCC Court of Appeal, judgment is as a rule given within ten weeks after the date for judgment has been set, and motions and appeals against CSP judgments are generally decided within six weeks. In exceptionally urgent cases, the NCC can hear and decide cases at any time.

What Does Litigating Before the NCC Cost?

The NCC charges a flat court fee per party, regardless of the amount in dispute. The rates for 2026 are:

The court fee must be paid within four weeks. The unsuccessful party is ordered to pay the costs of the proceedings, but the parties may agree otherwise, preferably in advance (Article 10.2 of the NCC Rules). Without an agreement, the court awards a fixed amount per act of process for lawyers' fees under Annex III to the NCC Rules, for example EUR 2,300, EUR 4,500 or EUR 9,000 per act in a simple, average or complex NCC District Court case, and EUR 3,400 to EUR 13,500 in the NCC Court of Appeal. The NCC itself points out that, given these modest amounts, in complex litigation each party may bear most of its own costs regardless of the outcome, unless the parties have agreed otherwise. For costs in ordinary Dutch proceedings, see costs of litigation in the Netherlands.

Can the NCC Grant Interim Relief and Attachments?

Yes. The NCC Court in Summary Proceedings handles interim and protective measures in English, if the conditions for NCC proceedings are met (Article 1.3.2 of the NCC Rules and Article 32a(3) DCCP).

This covers summary proceedings (kort geding) and applications for leave for prejudgment attachments. The NCC agreement in the model clause expressly includes interim and protective measures for this reason. For attachments in general, see debt enforcement in the Netherlands.

How Does Appeal Work at the NCC?

Judgments of the NCC District Court and the CSP can be appealed to the NCC Court of Appeal, and its judgments to the Supreme Court.

Parties can also start directly at the NCC Court of Appeal at first instance if they designated the Amsterdam Court of Appeal and the other conditions are met, and the NCC Court of Appeal can hear claims to set aside an arbitral award where the seat of arbitration is in the Amsterdam appellate district (Article 1.3.3 of the NCC Rules). The Supreme Court is not bound by the choice of English, but has indicated that it will decide cases on the basis of the documents submitted in English to the NCC.

How Are NCC Judgments Enforced?

An NCC judgment is a judgment of a Dutch court. It is enforceable in the Netherlands like any other judgment and, within the EU, in other Member States without a declaration of enforceability under the Brussels I bis Regulation.

If parts of an English judgment must be entered in a Dutch public register, those parts are also given in Dutch (Article 32a(5) DCCP). If an enforceable English judgment has to be served on a third party in the Netherlands, for example a bank in a garnishment, the party serving it must attach a sworn Dutch translation (Article 32a(6)). Outside the EU, recognition depends on treaties and the law of the country concerned; see enforcing a Dutch judgment and foreign judgments in the Netherlands.

Should You Choose the NCC or Arbitration?

See arbitration in the Netherlands for the arbitration route.

Which Sources Govern the Netherlands Commercial Court?

• Article 32a of the Dutch Code of Civil Procedure, proceedings in English before the NCC
• NCC Rules of Procedure, including Annex II (NCC clause) and Annex III (lawyers' fees)
• NCC court fees, rates for 2026
• NCC jurisdiction and NCC agreement