In the Netherlands the general discovery trial is an unknown phenomenon. However, certain documents may be obtained pursuant to Article 843a of the Code of Civil Procedure. If all of the relevant requirements are met and no restrictive grounds apply, the court will allow the claim for disclosure of a copy, extract or inspection of the requested documents. This article outlines how this procedure works.
Since 2019 it has been possible to bring international, civil and commercial disputes before the Netherlands Commercial Court (NCC) and the Netherlands Commercial Court of Appeal (NCCA). All litigation is conducted in English, which is a huge plus for foreign parties. The NCC will take on a case if certain conditions are met. A recent NCC ruling has provided more clarity on the condition that parties must expressly agree in writing to litigate in English before the NCC or the NCCA.