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Parties opting for arbitration in the Netherlands can strategically nominate the Netherlands Commercial Court (NCC) for all associated legal proceedings, whether preceding, concurrent, or subsequent to the arbitration itself. The NCC stands out for its capacity to swiftly address any concerns related to the appointment or objections against arbitrators. It also excels in implementing provisional or interim measures that ensure the arbitration process remains on track, guaranteeing fair outcomes.
Parties opting for arbitration can choose either the NCC District Court or the NCC Court of Appeal for any related court actions before, during, or after arbitration. For instance, they can submit a claim to annul proceedings to the NCC Court of Appeal in English.
Model clause for arbitration with the NCC
The NCC has developed an arbitration clause that can be included in commercial contracts. In particular, where English is the language of communication between the parties, the NCC Arbitration Court may be the appropriate forum for resolving the dispute.
The NCC recommends using this language:
All disputes arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled in accordance with the arbitration rules of [arbitration institute]. The place of arbitration shall be Amsterdam (the Netherlands). The proceedings shall be conducted in English.
Any court proceedings in the Netherlands before, during or after the arbitration will – to the extent allowed by law – exclusively be dealt with by the Amsterdam District Court or the Amsterdam Court of Appeal, whichever has jurisdiction, following proceedings in English before the Chambers for International Commercial Matters (Netherlands Commercial Court, which consists of the NCC District Court, the NCC Court in Summary Proceedings and the NCC Court of Appeal). The NCC Rules of Procedure (see www.ncc.gov.nl) apply to these proceedings. This clause is not intended to exclude Supreme Court appeal.
Arbitration vs NCC Litigation
As a counterpart to regular proceedings before the NCC, there are advantages to agreeing an arbitration clause referring to the NCC in certain commercial relationships. These are discussed below.
Efficiency:
- Arbitration in the Netherlands is generally considered more efficient than civil court proceedings.
- The NCC is also designed to handle complex international commercial cases efficiently, with active case management by specialized judges.
Language:
- Arbitration allows parties to choose the language of the proceedings, often English.
- The NCC also conducts proceedings in English, making it well-suited for international disputes.
Confidentiality:
- Arbitration proceedings are generally confidential.
- NCC hearings are public, but the case file remains confidential.
Costs:
- Arbitration is generally more costly than regular civil court proceedings, as parties must pay the arbitrators’ fees.
- The NCC has relatively low, fixed court fees compared to regular Dutch courts.
Appeal:
- Arbitration awards have limited grounds for appeal.
- NCC judgments can be appealed to the NCC Court of Appeal.
Enforcement:
- Arbitration awards are enforceable internationally under the New York Convention. This can be very useful if, for example, there is a trading relationship between a European and a non-European party.
- NCC judgments are enforceable throughout the EU without the need for exequatur.
Combining Arbitration and NCC Litigation
The search results indicate that parties can combine arbitration with NCC litigation, designating the NCC as the forum for any necessary court proceedings before, during or after the arbitration. This allows them to benefit from the efficiency and confidentiality of arbitration while also leveraging the English-language expertise of the NCC.
To do this, parties should include a clause in their arbitration agreement specifying that any related court proceedings will be handled by the NCC. The search results provide a recommended model clause for this purpose.
Dutch arbitration law firm
If you’re eager to delve deeper into the nuances of arbitration in the Netherlands, MAAK Advocaten stands as a beacon of specialization in Amsterdam. Their seasoned team, steeped in legal expertise, offers personalized guidance through the intricate maze of Dutch arbitration processes.
Please feel free to contact our adept team at MAAK Advocaten. Committed to excellence, our Dutch lawyers provide superior legal services tailored to your distinct needs. You can reach our law firm in the Netherlands through our website, by email, or phone. Our approachable and skilled staff at MAAK Attorneys will be delighted to assist you, arranging a meeting with one of our specialized attorneys in the Netherlands. Whether you need a Dutch litigation attorney or a Dutch contract lawyer in Amsterdam, we are eager to guide you through the legal intricacies and secure the most favorable results for your situation.
Contact details
Remko Roosjen | attorney-at-law (‘advocaat’)
+31 (0)20 – 210 31 38
remko.roosjen@maakadvocaten.nl
The information on this legal blog serves purely for educational purposes and should not be taken as specific legal guidance. While we endeavor to maintain accurate and current information, we do not assert its absolute completeness or relevance to your particular situation. For advice tailored to your legal concerns, we urge you to engage with a licensed attorney. Please note that the blog’s content may change without notice, and we are not liable for any inaccuracies or missing information.
