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FA L L 2 0 2 3 U S L A W M A G A Z I N E
Litigating at the Netherlands Commercial Court and the recognition and enforcement of its judgments
USLAW
cases involving among othINTRODUCTION ers infringement and validInspired by the ity of Dutch and European London Commercial patents designated for Court and the rise of inthe Netherlands, or the ternational commercial Maritime Chamber of the courts such as the Dubai Rotterdam District Court International Financial which deals in short with Centre Courts and the maritime, transport and Singapore International trade matters. Commercial Court, the It furthermore is reNetherlands Commercial quired that the ‘civil or Court (the NCC) was esMike Joshua van de Graaf and Lotte te Linde Dirkzwager commercial matter’ at hand tablished on January 1, is not subject to the jurisdic2019, in order to swiftly tion of a Dutch subdistrict and effectively resolve in– has jurisdiction over a civil or commercial court. This would be the ternational civil (commermatter in connection with a particular legal case if (i) the value of the ‘civil or commercial) disputes. relationship within the autonomy of the parcial matter’ claim is 25,000 euros or less or The NCC, forming part of the ties. In essence, this means that the dispute (ii) the matter relates to employment, conAmsterdam District Court (the NCC at hand needs to be related to civil law in sumers, tenancy or hire purchase. District Court) and the Amsterdam Court a broad sense, such as contractual disputes, of Appeal (the NCC Court of Appeal), is claims in tort, property law disputes and corINTERNATIONAL SCOPE located at the Amsterdam Palace of Justice porate law matters. Depending on the facts OF THE NCC CASES and tries cases of a diverse nature with an and circumstances, disputes regarding insurThe NCC will not handle a matter that is international aspect, such as private sales ance, finance, intellectual property, public solely national in scope. This means that of pledged shares and disputes regarding a procurement, competition, telecommunicathe dispute at hand must relate to a civil party’s contractual obligations under sales tions transportation and insolvency-related or commercial matter with an international and distribution agreements. matters such as director’s liability in bankaspect, which will – without limitation – be In this article, we focus on the followruptcy may also be within the scope of ‘civil the case if: ing topics: or commercial matters’. • at least one of the parties to the proceed• the NCC’s jurisdiction; However, the NCC does not hear ings is a resident outside the Netherlands • court fees; and disputes that are subject to arbitration or or is a company established abroad or • a brief overview of the recognition and the exclusive jurisdiction of any other forincorporated under foreign law, or is a enforcement of NCC judgments. eign or Dutch chamber/court, such as the subsidiary of such company; Enterprise Chamber of the Amsterdam • a treaty or foreign law is applicable to TYPE OF CASES TO BE Court of Appeal for certain types of corpothe dispute, or the dispute arises from an HANDLED BY THE NCC rate law-related cases, the Patent Chamber agreement prepared in a language other The NCC – meaning both the NCC of the District Court of The Hague for than Dutch; District Court and the NCC Court of Appeal