NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Christine Vreede, Tiffany Zandbergen and Daphne Beunk, Florent B.V.
System ) and the new Act on Evidence (see 5. Discov- ery ). There are currently no significant proposals for dispute resolution reform. 14.2 Growth Areas In light of the recent WAMCA legislation regarding redress of mass damages in a collective action, ena- bling fairly easy access for aggrieved parties to claim damages, it is expected that this practice will continue being an area of growth for commercial disputes. The volume of mass claims relating to investor-related disputes, securities litigation, cartel follow-on dam- ages, consumer law, product liability and ESG is on the rise. The court of appeal recently confirmed that non-material damage claims may fulfil the similar- ity requirement, which could lead to an increase in privacy-related mass claims as well. Case law as well as the EU Corporate Sustainability Reporting Direc- tive (CSRD), the EU Corporate Sustainability Due Diligence Directive (CSDDD) and the revised Dutch Corporate Governance Code are expected to play a crucial role in the foregoing. In addition, technology will have a lasting impact on various aspects of commercial litigation in the com- ing years (including the use of sophisticated intelligent research tools). The widespread adoption of artificial intelligence and machine learning is also likely to give rise to legal disputes. These disputes may encompass questions regarding accountability for the actions of software and the ownership of intellectual property rights related to inventions generated by software.
apply, in so far as the applicable convention does not contain provision in derogation thereof. The court of appeal verifies whether all formalities, including those of the applicable convention, have been observed. The appeal possibilities are similar to those described for the enforcement of Dutch arbitral awards. This includes the asymmetric appeal rule, unless this rule leads to a violation of the rights of the defendant ex Article 6 of the European Convention on Human Rights. The Netherlands is a party to the New York Conven- tion and the ICSID Convention. Whereas the New York Convention prescribes a similar route as provided above, the ICSID Convention provides for a slightly If no convention or treaty for the recognition and enforcement of the arbitral award applies, or if the party does not base its request upon an applicable treaty or convention, a request for leave of enforce- ment may be based on Section 1076 of the DCCP, to be submitted to the competent court of appeal. 14. Outlook 14.1 Proposals for Dispute Resolution Reform As of 2025, two relevant proposals have been imple- mented as law – ie, the Wagevoe Act (see 1.2 Court different procedure. Non-Treaty Based
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