Netherlands Commercial Court

The Netherlands Commercial Court (NCC) is a specialised chamber within the District Court of Amsterdam and the Court of Appeal of Amsterdam that handles international commercial disputes entirely in English. Established in 2019, this court operates under Dutch procedural law while accommodating the linguistic and practical needs of international business parties.

The NCC consists of two instances. The Netherlands Commercial Court serves as the first instance court, while the Netherlands Commercial Court of Appeal (NCCA) handles appeals. Both courts conduct all proceedings in English, including written submissions, oral hearings, and judgments. This English-language capability distinguishes the NCC from regular Dutch courts, where proceedings are conducted in Dutch.

Judges appointed to the NCC are selected based on their experience with complex international commercial matters and their proficiency in legal English. Cases are always heard by a panel of three judges rather than a single judge. This panel composition allows for careful deliberation and consistent quality in decision-making. The court applies Dutch procedural law as its foundation, supplemented by the NCC Rules of Procedure (NCCR), which provide additional flexibility for international disputes.

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Why Was the NCC Established under Netherlands Law?

The Netherlands Commercial Court was created to strengthen the Dutch legal system's position in international dispute resolution and to provide a competitive alternative to foreign commercial courts and international arbitration institutions.

Before the NCC’s establishment, Dutch businesses increasingly chose foreign forums or arbitration for their international disputes. Commercial courts in London, Paris, and Singapore attracted cases that might otherwise have been resolved in the Netherlands. The Dutch government and the Council for the Judiciary recognized that this trend affected both the legal sector and the broader business climate.

Several factors drove the decision to establish the NCC:

• International contracts are predominantly drafted in English, creating practical barriers when disputes must be litigated in Dutch
• Translation requirements added costs and created risks of misinterpretation in cross-border cases
• Foreign parties hesitated to submit to Dutch jurisdiction when proceedings would be conducted in an unfamiliar language
• The Netherlands lacked a specialized commercial court comparable to those in competing jurisdictions

The Ministry of Justice projected that the NCC would reduce costs for Dutch businesses that previously felt compelled to litigate in expensive Anglo-Saxon jurisdictions. The specialised court would also contribute to faster resolution of commercial disputes and generate additional revenue for the Dutch legal services sector, with estimates suggesting annual increases of fifteen to thirty million euros for specialised commercial law practices.

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How Do Parties Access the NCC in the Netherlands?

Access to the Netherlands Commercial Court requires an explicit written agreement between the parties choosing the NCC as their forum and English as the language of proceedings. This agreement must be express rather than implied, meaning standard incorporation through general terms and conditions is insufficient.

Article 30r of the Dutch Code of Civil Procedure and Article 1.3 of the NCC Rules establish the jurisdictional requirements. The dispute must have an international character, meaning it has connecting factors with more than one legal system. Purely domestic Dutch disputes fall outside the NCC’s jurisdiction. However, determining internationality follows private international law principles, and the court ultimately weighs the relevant connecting factors.

Parties can agree to NCC jurisdiction before any dispute arises by including a forum selection clause in their contract. Alternatively, they may submit to the NCC after a dispute has emerged through a subsequent written agreement. The NCC also accepts referrals from other Dutch courts when parties agree to transfer their case.

The court handles various types of proceedings:

• Main proceedings on the merits of commercial disputes
• Summary proceedings (kort geding) before the preliminary relief judge
• Applications for pre-judgment attachments
• Applications for European Account Preservation Orders
• Annulment proceedings for arbitral awards when Amsterdam was the seat of arbitration

Canton court matters, which include certain employment and tenancy disputes, are expressly excluded from NCC jurisdiction regardless of their international character.

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What Are the Procedural Features of NCC Proceedings?

The NCC offers tailored procedures that combine Dutch civil procedure with flexibility for international commercial practice, including options for modified evidence rules, digital proceedings, and customized case management.

The NCC Rules of Procedure (NCCR) supplement standard Dutch procedural rules without replacing them. This framework allows parties to adapt proceedings to their specific needs while maintaining the reliability of the Dutch legal system. Many procedural choices should ideally be addressed in the original forum selection clause, though parties can also make arrangements during the proceedings.

Notable procedural options include:

1. Audio and video recording of hearings upon party request
2. Transcription of hearings by a court reporter
3. Special procedures for handling confidential documents
4. Agreement to apply evidence rules other than Dutch evidence law, such as the IBA Rules on the Taking of Evidence
5. Written witness statements submitted before oral examination

The court conducts proceedings digitally through the eNCC portal. This system facilitates electronic filing of claims, submissions, and evidence, along with digital communication between parties and the court. Video conferencing capabilities allow remote participation in case management conferences and, in appropriate circumstances, substantive hearings.

Dutch evidence law serves as the default framework. The Council for the Judiciary has indicated that discovery requests resembling fishing expeditions will not be granted. Nevertheless, parties retain access to Dutch procedural tools such as preliminary witness examinations and requests for document production under Article 843a of the Dutch Code of Civil Procedure. For parties preferring international evidence standards, the NCCR permits agreement on alternative rules like the IBA Rules.

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What if a party to these legal proceedings does not have a sufficient command of English?

If that party to legal proceedings in the Netherlands Commercial Court does not have a sufficient command of English and desires the assistance of an interpreter at a hearing, that party may hire an interpreter at its own expense. And if a party wishes to examine a witness or expert who does not have a sufficient command of English, that party must arrange for assistance by an interpreter at its own expense.

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Does a party to legal proceedings in the Netherlands Commercial Court need to be represented by a Dutch lawyer?

Yes, a party may not act pro se. A party to proceedings in the Netherlands Commercial Court must be represented by a Dutch lawyer who is a member of the Dutch Bar (in Dutch: "advocaat"), except where Dutch law provides otherwise. Acts of process, such as the submission of a claim or defence, must also be done by a member of the Dutch Bar. Foreign lawyers who are members of the bars in Member States of the European Union, the European Economic Area or Switzerland, may not do such acts of process, but they may act for a party in other ways. Other visiting lawyers may not act for a party, but the court may allow them to speak at any hearing.

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How do parties submit documents to the Netherlands Commercial Court?

The internet portal of the Netherlands Commercial Court is the only means of communication with the court and must be used for all submissions, including a claim or defence, exhibits, applications, requests and notifications to the court. Original documents or objects that may be relied on as evidence but are not suitable for submission via the internet portal may be deposited by a Dutch lawyer with the clerk of the Netherlands Commercial Court.

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Are parties allowed to speak with a judge of the Netherlands Commercial Court?

The parties to the proceedings in the Netherlands Commercial Court are not permitted to speak with the judge except at a hearing or conference. The parties may contact the clerk of the Netherlands Commercial Court, but only on matters of a practical or procedural nature. They must promptly inform the other parties of what they discuss with the clerk.

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When and how should exhibits be submitted to the Netherlands Commercial Court?

Exhibits must be submitted to the Netherlands Commercial Court with the document (such as a claim or defence) in which reference is made to the exhibit. Exhibits must be organised so as to facilitate easy access by the court and the parties. Exhibits must be numbered (the numbering to be continued in each consecutive document), but each party may use its own numbering system. Exhibits must be submitted with a document that references each exhibit, indicates the relevance to the proceedings, and specifies any relevant passages. Where a party submits an exhibit in a language that is not the language of the action, the party must clearly raise this point and state whether a translation is enclosed. Exhibits must not contain any comments or markings that are not included in the original.

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How is the fairness of the legal proceedings secured?

The Netherlands Commercial Court must give the parties the opportunity to present their arguments, respond to the other party’s arguments, and to express their views on all documents and other information in the legal proceedings. The parties to the proceedings must make a full and truthful presentation of the relevant facts. In the event of noncompliance, the court may draw adverse inferences as it considers appropriate. A party that relies on any document must submit a copy, except where a copy has already been submitted in the same court action.

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How is due process warranted?

The Netherlands Commercial Court must give all such directions as may facilitate the just, fair and speedy disposition of the court action. The Netherlands Commercial Court must prevent any unreasonable delay. And the parties themselves also have a duty to each other to prevent any unreasonable delay.

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What are the time limits in the legal proceedings before the Netherlands Commercial Court?

The time limit for any act of process is to be set by the Netherlands Commercial Court. The following time limits apply:

1. for a claim or defence or similar statement: six weeks
2. for an extensive brief: four weeks
3. for a simple brief: two weeks.

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Can parties request an extension of time limits in the court action in the Netherlands Commercial Court?

Yes, a party may request an extension. The Netherlands Commercial Court shall grant a unanimous request by the parties, unless this would cause unreasonable delay. Otherwise, extensions are only granted for compelling reasons. At a party’s request or of its own initiative, the court may direct that any time limit be extended or shortened as may be required for due process. If a party fails to comply with a time limit and no extension is granted, its right to do the act of process is waived.

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How many judges are in the judicial panel of the Netherlands Commercial Court?

A three-judge panel hears and decides cases on the merits brought before the Netherlands Commercial Court.

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How do you start court action before the Netherlands Commercial Court?

An action before the Netherlands Commercial Court is initiated by submitting a so-called "originating document" that states the claim. In addition to the other particulars required by law, this originating document must specify:

1. the claim and the grounds of that claim
2. the defences which have been asserted by the defendant, the grounds of those defences and the claimant's reply to those defences
3. the exhibits available to the claimant and the identity of the witnesses whose testimony it relies on to substantiate the disputed grounds of the claim
4. the designation of the court hearing the matter: "the Amsterdam District Court (Netherlands Commercial Court)" or "the Amsterdam Court of Appeal (Netherlands Commercial Court of Appeal)”
5. the confirmation that parties have indeed agreed to proceed in accordance with the rules of procedure
6. the e-mail address of the claimant's lawyer
7. and the name and the e-mail address of the lawyer of each defendant.

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What exhibits should be included to the originating document?

In legal proceedings before the Netherlands Commercial Court the originating document must at least include the following exhibits:

1. documents demonstrating that the matter has an international aspect
2. the agreement or other evidence demonstrating that the conditions to litigate before the Netherlands Commercial Court are satisfied (please note: a clause contained in general terms and conditions does not satisfy this provision)
3. any agreements made with respect to the costs of litigation
4. and all available exhibits to substantiate the claim.

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What Costs Apply to NCC Proceedings under Dutch Law?

The Netherlands Commercial Court charges elevated court fees designed to make the court financially self-sustaining, with fees of EUR 7,500 for summary proceedings, EUR 15,000 for first instance proceedings on the merits, and EUR 20,000 for appeals.

These fees substantially exceed standard Dutch court fees, reflecting the legislative intention that the NCC should operate without burdening the regular court system financially. The enhanced fees correspond to the specialized resources dedicated to NCC cases, including experienced judges and English-language proceedings.

Cost allocation in NCC proceedings differs from standard Dutch litigation. Article 10.2 of the NCCR provides that the court will generally follow any agreement between the parties regarding costs. When no agreement exists, the NCC applies an elevated fee schedule ranging from EUR 1,000 to EUR 12,000 per procedural step, depending on the complexity and value of the case.

Despite these higher costs, the NCC may offer savings compared to alternatives. Litigation in Anglo-Saxon jurisdictions typically involves significantly higher attorney fees and expert costs. Additionally, Dutch attorney fees remain relatively moderate by international standards. For businesses that would otherwise litigate abroad, the NCC can represent a cost-effective option while providing the advantages of proceedings in a familiar legal environment.

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How Are NCC Judgments Enforced across Borders?

Judgments from the Netherlands Commercial Court benefit from the same recognition and enforcement framework as other Dutch court decisions, including automatic enforceability within the European Union under the Brussels I Regulation without requiring a separate declaration of enforceability. For more detail, see our guide on foreign judgments in the Netherlands.

This enforcement advantage represents a significant benefit of choosing the NCC over arbitration for disputes with EU connections. While arbitral awards require recognition proceedings under the New York Convention, NCC judgments circulate freely within the EU member states. Creditors can proceed directly to enforcement without preliminary court proceedings in the country where enforcement is sought.

For enforcement outside the European Union, NCC judgments are subject to the recognition framework of the relevant jurisdiction. The Netherlands has bilateral treaties with certain countries that facilitate judgment recognition. In jurisdictions without such treaties, creditors must pursue recognition proceedings under local law.

The NCC provides a model forum selection clause in both English and Dutch, published in the NCCR. Legal advisors drafting international contracts should consider including this clause when the Netherlands offers appropriate connections to the transaction and when English-language proceedings would benefit the parties.

Parties considering the NCC should note one significant limitation. Cassation appeals to the Dutch Supreme Court cannot be conducted in English. If a case proceeds to the highest court, the proceedings must be conducted in Dutch. This requirement affects the complete English-language character of the dispute resolution process, though relatively few commercial cases reach the Supreme Court.

The Netherlands Commercial Court reflects the Dutch legal system's adaptation to international commercial practice. By combining familiar procedural rules with English-language proceedings and specialized judicial expertise, the court offers international businesses a viable forum for resolving cross-border disputes within the framework of a well-established legal tradition.