Timo Jansen is a specialist in the prevention and resolution of corporate and contractual disputes. His extensive experience includes pre-contractual liability, M&A, joint ventures, directors’ and shareholders’ liability and franchises. He acts in professional liability and fraud cases. His clients are mainly active in the insurance, retail and telecommunications sectors. He studied law at Universiteit Utrecht and completed the Law & Economics master’s programme. Thereafter he studied corporate litigation and advanced financial statement analysis in postgraduate specialisation courses at Grotius Academie and the Amsterdam Institute of Finance.
Reflecting on the past 12-18 months, what key trends and developments do you believe have dominated the commercial arbitration space in the Netherlands?
The Dutch administration of justice established the Netherlands Commercial Court (NCC) on 1 January 2019. The NCC offers a swift resolution of international commercial disputes by specialized judges in the English language, against a slightly higher administration fee. With this initiative, the NCC is positioned as an alternative dispute resolution mechanism to arbitration. Because parties can only voluntarily appear before the NCC, a forum clause to that effect is required, similar to arbitration clauses in commercial contract can now choose between an arbitration clause of NCC clause, to which end the NCC itself drafted boilerplate clauses.
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