Annulment of contract: mistake and fraud

Introduction A contract, once entered into, gives parties a sense of security. After a period of close negotiation, agreement is reached and the signing of the contract provides closure. But what if it turns out that the facts presented when the contract was entered into were incorrect or incomplete? If essential information was missing at that time and if the … Read more

Breaking off negotiations: obligation to renegotiate

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

KEI pilot ends: reset of digital litigation at Dutch courts, and new procedural rules

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

Netherlands Commercial Court to open its doors in early 2019

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

Implementation of KEI legislation for Civil 1.0 procedures

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

The Netherlands Commercial Court bill in consultation

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

The start of KEI: introduction of digital litigation

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

Senate agrees with bills on bankruptcy fraud

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

Towards the Netherlands Commercial Court (NCC)

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