Personal jurisdiction - under Dutch procedural law

While The Netherlands Commercial Court is a national court, its jurisdiction over parties is not imposed on them from above. Parties must have mutually and expressly agreed to become subject to the competence of this court.

Parties can choose to bring their dispute before the Netherlands Commercial Court at any moment, including after a dispute arises. To prevent discussions on the competent court after a dispute arises, a so called ‘choice of forum clause’ can be included in the commercial contract. In this clause parties can define the type of cases which will be dealt with by the Netherlands Commercial Court.

Choice of forum [simple template clause]

The Netherlands Commercial Court, Amsterdam, shall have exclusive jurisdiction to settle any and all disputes between parties arising out or in connection with this contract. The language used in proceedings before this court shall be [Dutch/English].

Choice of Forum [detailed template clause]
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by the Netherlands Commercial Court, Amsterdam. The language used in proceedings before this court shall be [Dutch/English]. To the extent permissible under law, parties hereby waive their right to settle disputes before any other competent authority. In case this article is not valid according to the applicable law, parties agree to rewrite, adjust and/or interpret this article in a manner consistent with the invalid article.

While first instance decisions from the Netherlands Commercial Court can be appealed to an appellate division, parties to NCC proceedings are also given the option of waiving their right to appeal. When drawing up a choice of forum clause, the applicable mandatory requirements on form need to be taken into account (for example the Convention on choice of law agreements and article 23 of the Brussels I Regulation).

Waiver of appeal [template clause under Dutch law]
The judgement of the Netherlands Commercial Court (in Amsterdam, The Netherlands) at first instance shall be final and conclusive. Parties hereby irrevocably waive their rights to appeal against any judgment of the Netherlands Commercial Court.

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