NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Christine Vreede, Tiffany Zandbergen and Daphne Beunk, Florent B.V.
7.8 General Timeframes for Proceedings In ordinary commercial disputes, it may take 12–18 months from the moment a writ of summons is issued to obtain a final judgment. This period may be con- siderably longer in complex cases, if motions or pro- cedural issues are raised, or if further evidence (eg, by means of witness hearings or an expert opinion) must be taken. A judgment in preliminary relief proceedings may be obtained immediately at the hearing, within a day (both in cases of extreme urgency) or within a few weeks. In general, settlements agreed between parties to a lawsuit do not require court approval. Settlements are generally incorporated in a settlement agreement ( vaststellingsovereenkomst ) (Section 7:900, DCC). A settlement reached during a hearing may be recorded in an enforceable court record. The court facilitates this but does not grant approval. Court approval is required for a specific collective arrangement for the settlement of large-scale loss in accordance with the Collective Mass Claims Settle- ment Act (WCAM), contained in Sections 7:907-910 of the DCC and Sections 1013-1018 of the DCCP. The WCAM enables parties to mass claims settlements to jointly request the Amsterdam Court of Appeal to declare the settlement agreement generally binding. Such declaration binds all persons covered by the terms of the agreement (known and unknown, both in the Netherlands and abroad), unless such person opts out by written declaration within a court-determined period. WCAM proceedings can be, and have been, also used for global settlements with relatively little connection to the Netherlands. Reference is made to the recent WAMCA legislation, which aims to facilitate out-of-court settlements (see 3.7 Representative or Collective Actions ). 8. Settlement 8.1 Court Approval 8.2 Settlement of Lawsuits and Confidentiality Settlement agreements often contain confidentiality clauses. Parties may nevertheless be obliged to dis-
close the contents of the agreement by law, or court order. A collective WCAM settlement qualifies as a court judgment and is made public. The parties involved, and any other interested party, may inspect it and obtain a transcript thereof (Section 29 (2), DCCP). This right may be restricted in view of certain interests of the parties (eg, privacy, company secrets). 8.3 Enforcement of Settlement Agreements If the obligations ensuing from the settlement agree- ment or the legal validity thereof is not disputed, a title to enforce can be obtained fairly swiftly in summary proceedings by the party who requires performance. A settlement recorded in a court record generally includes an enforcement order. Such settlement can be enforced immediately. 8.4 Setting Aside Settlement Agreements In a settlement agreement, parties undertake to end or prevent uncertainties or disputes in respect of their legal relationship, which may deviate from the pre- viously existing legal situation. Such agreement is, in principle, valid even if it breaches mandatory law. The objective is to provide legal certainty. Therefore, more stringent demands apply to the setting aside or annulment of a settlement agreement than to regular agreements. A settlement recorded in a court record can only be reviewed under special circumstances, such as blatant errors, deception or fraud. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Order for Specific Performance Pursuant to Section 3:296 of the DCC, a court can order a party to fulfil its legal obligations (contractual or non-contractual) towards another party. Damages The court may order a party to pay damages to anoth- er party if it has breached a contractual obligation towards the other party or if it has acted unlawfully.
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