Introduction As long as a contract has not yet been concluded, the parties’ freedom of contract is paramount. In principle, the parties are free to decide whether to continue or break off negotiations. Nevertheless, circumstances may arise under which breaking off negotiations is unacceptable. One of the remedies available to the injured party in such a case is to seek … Read more
On 1 October 2019, legislation will enter into force ending the KEI pilot scheme for digital litigation at the courts of Gelderland and Central Netherlands (Midden-Nederland). However, certain new procedural rules, which were part of the digitalisation pilot, will remain in force and will apply to all Dutch courts. End of digital litigation The pilot for digital litigation started on … Read more
On 11 December 2018, the Senate approved the bill for the new international trade chamber of the Amsterdam District Court, known as the Netherlands Commercial Court (NCC), and the Netherlands Commercial Court of Appeal (NCCA). All the political groups supported the bill, despite previously expressing concerns about the accessibility of the English-language court for small and medium-sized enterprises (SMEs), the … Read more
On 8 March 2018, the bill concerning the Netherlands Commercial Court was passed by the House of Representatives. However, the court cannot start until the Senate has also approved the bill. The chairman of the Council for the Judiciary, Frits Bakker, has stated that the Council is pleased that the bill has been passed by the House of Representatives and … Read more
On 1 September 2017, the KEI legislation for claims with mandatory representation (Civil 1.0) will enter into force at the courts of Gelderland and Central Netherlands. From this date, litigation will only be processed digitally in these courts. In principle, the KEI legislation for Civil 1.0 procedures will be rolled out nationally at the other first instance courts five months … Read more
On 16 December 2016, the legislative proposal for the Netherlands Commercial Court (NCC) entered into consultation, which will run until 1 February 2017. The intended new international trade chamber of the Amsterdam District Court (”NCC”) and the Netherlands Commercial Court of Appeal (“NCCA”) will offer litigants the opportunity to litigate in English and will be able to give judgments in English. … Read more
On 12 July 2016, four bills were adopted by the Senate in the context of the KEI-programme with the aim of digitizing, improving and also simplifying civil and administrative procedures. Publication of the legislative proposals in the Bulletin of Acts and Decrees (‘Staatsblad’) followed on 21 July 2016. For an overview of the KEI-bills see the previously published blog ‘KEI: … Read more
On 5 April 2016 the Senate approved two of the three legislative proposals aiming to combat bankruptcy fraud by : introducing director disqualification under civil law (‘Wet civielrechtelijk bestuursverbod’, Kamerstukken II 2013/14, 34 011 ) revising the criminalization of bankruptcy fraud (‘Wet herziening strafbaarstelling faillissementsfraude’, Kamerstukken II 2013/14, 33 994 These proposals are part of the legislative programme entitled ‘Reassessment … Read more
In September 2014 the Chairman of the Judiciary expressed its ambition to establish a Netherlands Commercial Court (NCC) to provide a special court designed to deal with large international disputes. This ambition resulted in a final plan, which was published in November 2015. The aim is to have a fully operational NCC by 1 January 2017. The NCC will be … Read more
On 2 December 2015 the draft bill on modernization of bankruptcy proceedings entered into public consultation. The bill is part of the Dutch legislative programme to improve and modernize bankruptcy law, known as Wetgevingsprogramma Herijking faillissementsrecht in the Netherlands. The purpose of the bill is to achieve a more efficient and transparent procedure for bankruptcy resulting in a more rapid … Read more