The NCC Rules provide a standard clause: Jurisdiction clause and election of 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 under that Court's Rules of Procedure of the Chamber for International Commercial Matters ("Netherlands Commercial Court" or "NCC"). Application for interim measures, including protective measures, available under Dutch law may be made to the NCC's Court in Summary Proceedings ("CSP") in proceedings in English in accordance with the Rules of Procedure of the NCC.
To illustrate how this can have an impact on how judges and lawyers do their work, here are a few examples from the glossary:
- ‘motions’ are used to raise procedural defences or to address case management issues (in Dutch: incidentele vordering or procedureel verzoek);
- ‘directions’ are given by the court to keep things moving and provide the structure that is needed for fair process (in Dutch: aanwijzingen or rolbeslissingen)
- ‘adverse inferences’ may be drawn by the court where a party fails to comply with a direction or other rule (in Dutch: gevolgtrekking die de rechter geraden voorkomt);
- ‘prima facie evidence’ or a ‘prima facie showing’ is sufficient to make a party’s case, as long as there is no ‘rebuttal’ by the adverse party (in Dutch: stelplicht, dwingend bewijs behoudens tegenbewijs).