Van der Steur: Litigating in English will be possible
In complex international commercial matters, parties will soon be able to litigate in English if they have agreed to it. For this purpose, in consultation with the Council for the Judiciary, a new international commercial division will be set up at the Netherlands Commercial Court in Amsterdam and before the Netherlands Commercial Court of Appeal in Amsterdam which will have the authority, to make rulings in English. This has been stated in a bill by Minister Van der Steur (Security and Justice) that has gone into consultation today via internet.
Because an increasing number of companies are doing business on the international level, there is a worldwide need for English-language dispute resolution. Thus, English is used extensively in international trade and in the drafting of contracts. But it is also used in correspondence between legal, fiscal and commercial advisers and their internationally operating clients. The new regulation is in keeping with this.
In addition, the handling of international commercial matters which can be litigated in English is important for the trading position of the Netherlands. Parties can then ensure that such a procedure is better suited to their common business practices, whereby they save a great deal of time and considerable translation costs. Also, the communications with a foreign head office and the use of non-Dutch-speaking lawyers in international companies based in the Netherlands, will then become easier.
Companies that operate internationally, as well as in Netherlands, will no longer experience a language barrier if they choose to have dispute resolution at the Dutch court in the English language. In order to be able to make this cost-neutral, there will be an increased registry fee for the provision of this English-language procedure. The bill was concluded in close consultation with the Council for the Judiciary.