The Netherlands Commercial Court

cropped-gavel-2-1236453-1599x1063.jpgAs of 2017, the Dutch Judiciary aims to open a special facility for the settlement of large national and international trade conflicts by establishing the Netherlands Commercial Court (NCC). The NCC will be a part of the Amsterdam District Court and cases in appeal will come to the Court of Appeal in Amsterdam.

The NCC is scheduled to be up and running as early as 1 January 2017, depending on some legislative amendments.

Stibbe: Towards the Netherlands Commercial Court (NCC)




Lawfirm Stibbe has graciously permitted the use of the article. For questions regarding this article, feel free to contact Stibbe or the author, Chantal Blokker-Schipper.

Towards the Netherlands Commercial Court (NCC)

Positive effects of the NCC

The Judiciary expects the establishment of the NCC to have a positive impact on litigants and on the legal system in general. The NCC will be a special facility with dedicated judges who have the necessary expertise and experience in large commercial disputes. These judges can share their knowledge to ensure the quality of justice is promoted and complex cases can be handled more efficiently. Research carried out by the Boston Consulting Group (BCG) also showed that having a dedicated court like the NCC in the Netherlands would benefit potential users, by making such procedures more effective and efficient and ultimately less costly. In addition, the NCC can provide more customization and transparency in international practice.

The NCC will also offer users the opportunity to litigate in English. This fits well with international practice and can save time and translation costs. It should also facilitate smooth communication between foreign parties.


In a letter dated 23 November 2015, the Minister of Security and Justice indicated to the house that he remains positive about the NCC proposal and stressed that it is not intended that the cost of handling cases by the NCC be borne by the Judiciary. The establishment of the NCC should not be provided at the expense of other civil cases. On the contrary, it is intended that these other cases will benefit from the NCC because of the separate treatment of major trade disputes, which frees up more time for other disputes. According to the Minister, companies bringing cases before the NCC will be expected to pay the costs for using this service. Given that the court will deal with large commercial disputes, the NCC costs are likely to be small in comparison to the overall legal fees incurred. However, it is possible for those companies that cannot afford the NCC fees to apply to the court to waive the costs in full or in part. Therefore, the NCC is also attractive for small or start-up companies involved in contract disputes with large international companies.

The Minister has made a commitment that the government will come up with a bill in mid-2016 to regulate the use of the English language and funding.

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What are people saying about the Netherlands Commercial Court?

In 2017, the Netherlands Commercial Court will be a fact. Research carried out by the Boston Consulting Group (BCG) showes that a dedicated court such as the Netherlands Commercial Court will benefit users, by making procedures more effective and efficient and with that, less costly. It also shows that creating a court like the Netherlands Commercial Court will positively influence the growth of jobs and income in the Netherlands.

Several things have been written about the NCC:

How it all began: Speech Frits Bakker

On the 11th of september, Frits Bakker (Chairman of the Netherlands Council for the Judiciary) first mentioned the plans to establish a Netherlands Commercial Court to  remain competitive in the legal world. Among other things, he mentions efficient legal proceedings in English with firm deadlines.

Read the entire speech here: Speech Frits Bakker (in Dutch) (courtesy of

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