NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Emille Buziau, Marit Balkema and Daphne Beunk, Florent B.V.
rights of the defendant ex Article 6 of the Euro- pean Convention on Human Rights. The Netherlands is a party to the New York Con- vention and the ICSID Convention. Whereas the New York Convention prescribes a similar route as provided above, the ICSID Convention pro- vides for a slightly different procedure. Non-treaty Based 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 enforcement may be based on Section 1076 of the DCCP, to be submitted to the com- petent court of appeal. 14. Outlook 14.1 Proposals for Dispute Resolution Reform Act on Modernisation and Simplification of the Law of Evidence The Act on Modernisation and Simplification of the Law of Evidence enters into force from 1 January 2025 and will apply to proceedings initi- ated since then. The most important proposals/ proposed changes are: • the bill supplements the duty of truth and completeness, putting more emphasis on pre-trial information gathering and evidence collection; • applications for preliminary evidence ( voor- lopige bewijsverrichtingen ) (eg, provisional examination of witnesses, provisional expert opinion, provisional judicial site visit and inspection/production of documents prior to proceedings) may be bundled and filed in a single request;
• the rules regarding the right of inspection ( inzagerecht ) will be amended (see 5.3 Dis- covery in This Jurisdiction ); and • codification of the possibility to seize evi- dence in non-IP cases as well as the option to request a bailiff to record a certain factual situation. Act on the Adjustment of the Dispute Settlement Proceedings and Clarification of Admissibility Requirements for Inquiry Proceedings The Act on the Adjustment of the Dispute Set- tlement Proceedings and Clarification of Admis- sibility Requirements for Inquiry Proceedings ( Wagevoe ) enters into force from 1 January 2025. The Act amends a number of provisions, aiming: • to improve the effectiveness of dispute set- tlement proceedings regarding shareholder disputes ( Geschillenregeling ); ie, claims for forced exit ( uitstootregeling ) or forced buy- out ( uittreedregeling ) will be initiated by an application ( verzoekschrift ) and conducted in a single instance at the Enterprise Chamber (replacing the former system, implying lengthy summons proceedings at district courts); and • to clarify the conditions of access to the inquiry proceedings for shareholders (and holders of depositary receipts for shares) of listed companies, in particular for sharehold- ers (and depositary receipt holders) of listed companies with a subscribed capital of less than EUR22.5 million. Shareholders’ disputes can be handled in a more efficient manner (in terms of expertise and time) at the Enterprise Chamber from January 1, whether or not combined with Enquiry proceed- ings (see 1.2 Court System ).
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