|By Stephencdickson - Own work, CC BY-SA 4.0, |
On 28 Jan 2017, I wrote about a proposal to establish an English language commercial court in the Netherlands (see Jane Lambert An English Speaking Commercial Court in the Netherlands 28 Jan 2017 NIPC News). In a Zoom call on Friday to an old friend who practises at the Dutch bar, I learned that the proposal was adopted by the Dutch parliament on 11 Dec 2018. An English speaking chamber within the Amsterdam District Court known as the Netherlands Commercial Court opened on 1 Jan 2019.
It appears from the website, A practitioner's guide to commercial litigation in the Netherlands, that the Netherlands Commercial Court has both original and appellate jurisdiction. Unlike the recently established English speaking courts in Abu Dhabi, Doha, Dubai and Nur Sultan, the Netherlands Commercial Court is a civil law jurisdiction which will apply Dutch substantive and procedural law. Dutch procedural law provides a number of extraterritorial interim remedies that are not available in other jurisdictions and litigation in the Netherlands is believed to be considerably less expensive than in most common law jurisdictions. Perhaps most importantly, Regulation 1215/2012 will continue to apply to the Netherlands after the 31 Dec 2020.
According to its list of judgments, the Court has given 6 judgments since it opened. That may not sound a lot but it is a new jurisdiction with which foreign lawyers and businesses have had very little time to be acquainted. I have just subscribed to its mailing list and will monitor its progress. Anyone wishing to discuss this article should call me on +44 (0)20 7404 5252 during office hours or send me a message through my contact form.