17 Nov 2017

Dutch lawyer warns companies against using British system for disputes

Not only are London courts expensive, there is no certainty post-Brexit, a leading Dutch lawyer argues as the Netherlands prepares to launch an English language Commercial Court.

Jennifer Barrow

The Dutch are making a strong case urging companies to settle disputes in the Netherlands as opposed to the British system in the run-up to Brexit. Lawyer Emily Dérogée van Roosmalen says there is a hefty price tag attached to using the British system including the high rates of London lawyers and the cumbersome way of litigation. Furthermore, the Dutch courts are more technology-savvy, she argues. Writing in Cargo Magazine, she warns companies to beware when opting for British dispute settlement in trade agreements, questions what the value of a British judgement is post-Brexit and asks whether companies will be exposed to the danger of double litigation.

World-class reputation

Noting that the Netherlands Commercial Court (NCC) will be established in Amsterdam in 2018 with English as the standard language when it comes to litigation on complex international trade disputes, she says the Dutch have a world-class reputation when it comes to accessibility, affordability, enforcement of judgement and the lack of discrimination, unreasonable legal deadlines and corruption or governmental interference. The country also holds the #1 position on the world justice project ranking list for civil justice. 


Unlike London, she says that the Dutch system is getting efficient through technology which creates savings of time and money. Furthermore it is part of the civil law system which provides legal certainty. Her views come on the back of a plea by London lawyer Michael Gardner of Wedlake Bell who called for a new technology enhanced British court in a recent article in the Global Legal Post. Source: Rotterdam Maritime Services Community