How do you choose the Netherlands Commercial Court (NCC) in a contract?

Dutch term: Forumkeuze NCC | Legal basis: NCC Rules + Brussels I Recast art. 25

The Netherlands Commercial Court (NCC) is a chamber of the Amsterdam District Court that conducts proceedings entirely in English for international commercial disputes. To invoke NCC jurisdiction, the parties must expressly agree in writing that the NCC (or the Amsterdam District Court, international commercial chamber) has jurisdiction. The agreement can be made in the contract itself or after a dispute has arisen.

A standard NCC jurisdiction clause reads: 'All disputes arising out of or in connection with this agreement shall be submitted to the exclusive jurisdiction of the Netherlands Commercial Court in Amsterdam.' The dispute must have a sufficiently international character and concern a commercial matter. Filing fees at the NCC are higher than at the regular Dutch District Courts (starting at several thousand euro and scaling upwards), reflecting the specialised nature of the court. The NCC applies Dutch procedural law with modern case management tailored to international commercial disputes.

Why it matters for international businesses

For international parties who want the efficiency and predictability of Dutch courts without the language barrier of Dutch-language proceedings, the NCC is often the best forum choice. Including an NCC jurisdiction clause at the drafting stage avoids the cost and uncertainty of post-dispute forum negotiations. MAAK Advocaten drafts NCC jurisdiction clauses and represents clients in NCC proceedings.