In the 2016 edition of the Rule of Law Index, the Dutch justice system again ranks as one of the most reliable and effective in the world. In general terms, only the Scandinavian justice systems seem to do better. In terms of restistance to discrimination, corruption and undue political influence, The Netherlands is even ranked #1.
Companies active on the international stage become increasingly aware of the main differences between national legal systems – as well as the opportunities those differences present. Cross-border litigation has long since seen litigants go ‘forum shopping’ for the justice system that best suits their desires in an individual case. For these sophisticated parties, it can be of interest to find out how the judiciary operates in practice, beyond a mere comparison of the applicable law.
Follow-on cartel damages
For example, The Netherlands is widely considered to be an attractive EU jurisdiction to claim follow-on damages, particularly in the wake of an exposed cartel. In our experience, many factors contribute to this perception, including (1) the fact that Dutch courts are quick to assume international jurisdiction (e.g. based on one ‘anchor defendant’ located in The Netherlands); (2) legal proceedings move along relatively fast; and (3) the overall litigation costs are low, in international comparison.
The Rule of Law’s findings may contribute to The Netherlands as a preferred locus for international litigation. They clarify that in addition to the above advantages, people perceive the Dutch judiciary to operate fairly as well.
About the World Justice Project
The World Justice Project Rule of Law Index® is the world’s leading source for original data on the rule of law. The Index’s scores are built from the assessments of local residents (1,000 respondents per country) and local legal experts, ensuring that the findings reflect the conditions experienced by the population, including marginalized sectors of society. Relying solely on primary data, it measures a number of key specifics:
- Constraints on Government Powers
- Order & Security
- Regulatory Enforcement
- Civil Justice
- Absence of Corruption
- Open Government
- Criminal Justice