Developments In Respect Of "Disclosure" In Dutch Law

Dutch law does not know a general rule of disclosure as applies in the common law system.

There is an obligation for the parties in legal proceedings to disclose the facts and present the documents which are of relevance for the decision, fully and truly, in/with the written submissions that they present. The court may also order a party to present certain specific documentation or information (including electronic information and the like, hereinafter jointly "information"). However, the sanction in case of non-compliance herewith (only) is that the court may "draw the conclusion as it deems appropriate". The court has no weapons other than "drawing its conclusions". Those can range from looking at the further statements from that party even more closely to giving the burden of proof to that party or to dismiss a claim or defense. The court cannot declare a party in contempt when he does not comply with the aforementioned obligation or court order. Also, it is up to