A baseline everyone can refer to
Proceedings before the NCC are governed by
the NCC Rules of Procedure
(pdf, 413.3 KB).
The NCC Rules, in authentic English and Dutch versions, outline the main procedure and practice rules and reflect global best practices (such as the IBA Rules) and many Civil Procedure Code provisions, to create a baseline that judges, lawyers and parties can easily refer to. Important guidance is available in
this Addendum to the NCC Rules
(pdf, 113.8 KB).
As the implementation of the KEI legislation has been delayed, the NCC, until further notice, will apply the Code of Civil Procedure in the existing version, which governs “non-digital” proceedings -
see here (Dutch). The
Addendum to the NCC Rules reflects the main differences between the KEI version of the Code of Civil Procedure and the “non-digital” version.
An English-language version of selected sections of the Code of Civil Procedure is available at
Eleven Publishing (“Code of Civil Procedure - Selected Sections and the NCC Rules”). The English text is, however, based on the Code of Civil Procedure as amended by the KEI legislation. The English text should therefore, at this stage, be read together with the Addendum to the NCC Rules.
The applicable substantive law is determined by reference to the rules of Dutch private international law. For substantive law, 'Warendorf Dutch Civil and Commercial Law Legislation' (H. Warendorf et al. (eds.), Deventer, Wolters Kluwer) is a source for English-language terminology.