The Minister for Legal Protection recently submitted a legislative bill with the aim of simplifying Dutch law of evidence. The bill is intended to enhance truth finding and promote efficiency and effectiveness in civil proceedings. However, we doubt that the bill will contribute to these objectives. The bill contains language that appears to extend the court’s competence to investigate facts … Read more
Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. The Dutch legal system allows companies and individuals to assign their claims to a “litigation vehicle” or “claims vehicle” that bundles those claims into a single action. In its … Read more
In a publication in the Dutch Lawyers’ Journal (Nederlands Juristenblad) we call on the Dutch legislator to put on hold a series of recently proposed bills that would reform Dutch Civil Procedure. We believe that priority should instead be given to speeding up the turnaround time of cases and the introduction of digital communication with the courts (currently submissions are … Read more
Introduction On 2 July 2019, the Hague Conference of Private International Law (HCCH) adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention; see full text of the convention here). The Judgments Convention aims to provide an efficient system for the recognition and enforcement of foreign judgments in civil or commercial matters. … Read more
Members of Stibbe’s Commercial Litigation practice group have participated in the public consultation of a draft bill to modernise and simplify the law of evidence in civil procedure. An overview of the draft proposal was provided previously on this blog by Petra Vos and Daan Barbiers. The main goal of the draft bill is to enhance truth seeking in civil … Read more
HR 13 November 2015, ECLI:HR:2015:3304 (AIB/Novisem). The judgment of the Dutch Supreme Court dated 13 November 2015 addresses the extent to which a claimant should substantiate its legitimate interest and legal relationship when claiming disclosure of documents, as required by the Dutch Code of Civil Procedure (CCP). Article 843a CCP provides the basis for claiming disclosure of evidence regarding records … Read more