NCC Update nr 5

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Amsterdam, 27 February 2019

This is the fifth Update on the Netherlands Commercial Court (NCC). For previous Updates, go to the News page in the “About us” area.

The NCC (NCC District Court and NCC Court of Appeal) is situated in the Dutch courts and has been established in Amsterdam to deal with international business disputes.
The NCC hears cases in English and its judgments are in English. The NCC is well positioned to swiftly and effectively resolve international business disputes.

Official launch of NCC

The Netherlands Commercial Court (NCC District Court and NCC Court of Appeal) was created by legislation effective 1 January 2019.
To mark the occasion, on 6 February 2019, NCC was officially launched by dignitaries representing:

  • the Ministry of Justice and Security (Anita Vegter on behalf of the Minister),
  • the Supreme Court (Ernst Numann),
  • the Municipality of Amsterdam (Udo Kock) and
  • the business community (former Akzo Nobel general counsel Sven DuMoulin).

They joined Amsterdam Court of Appeal president Herman van der Meer, Amsterdam District Court president Christa Wiertz-Wezenbeek and NCC Court of Appeal president Duco Oranje at a formal opening ceremony at the Palace of Justice in Amsterdam.

First case

And there is more good news! On 11 February 2019, only six weeks after the NCC legislation took effect, the first case was submitted to the NCC District Court (Court in Summary Proceedings).
It is an application for permission to sell pledged shares in a manner other than a public auction.
The initial hearing was held on 18 February 2019. See our Hearing List.

Question of the month: can a foreign lawyer speak in court?

Yes. Visiting lawyers who are a member of the Bar in an EU or EEA Member State or Switzerland, can perform the same duties as a Dutch lawyer, provided they work in conjunction with a member of the Dutch Bar.
This does not apply to visiting lawyers from other jurisdictions, but these lawyers may and generally will be allowed to speak at any hearing.
Furthermore, there is no legal impediment for these lawyers to be involved in drafting submissions to the court.

Focus: referral of pending actions

Effective 1 January 2019, parties in an action pending before another Dutch court, or before another chamber of the Amsterdam courts, may request that their case be referred to NCC District Court or NCC Court of Appeal.
The case must meet the general requirements of a NCC case (see article 1.3 of the NCC Rules of Procedure and the Explanatory Notes on this Article).
To request a referral, make a motion before the other chamber or court where the action is pending, stating the request and contesting jurisdiction (if the case is not in Amsterdam) on the basis of a NCC agreement (made for purposes of the request).

Questions?

We'll keep you posted. The next Update is scheduled for March.
If you have any questions, please contact us at NCC@rechtspraak.nl. Or visit our website www.ncc.gov.nl.

NCC is also present on social media. Follow NCC on TwitterYou are leaving Rechtspraak.nl and LinkedInYou are leaving Rechtspraak.nl. News on NCC will also be available on our website ("About us/News" section).

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