Arbitration

We are Stibbe Arbitration specialists

Active in both the national and international arbitration arena, we assist our clients with some of the most complex, high-stakes issues.

Arbitration

We have a strong track record in advising both national and multinational clients on commercial disputes, working closely with them to achieve a swift and effective conclusion.

Our specialists combine both proven expertise and knowledge to guide our clients through complex arbitration matters before tribunals, regulators and governmental bodies around the world.

We have essential experience in proceedings under the rules of most of the preeminent domestic and international arbitration institutes such as ICC, LCIA, SCC, NAI and CEPINA. We have successfully handled many highly sensitive and complex arbitration matters for clients.

Throughout the process, we work to find a solution for the dispute in the most strategic way, whilst fulfilling our clients’ commercial objectives.

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20.04.2018 NL law
Robbert Jan van der Weijden speaks at Business and Law Research Centre (Onderzoekzoekcentrum Onderneming & Recht) Symposium

Speaking slot - On 20 April 2018, Robbert Jan van der Weijden will speak at the Business and Law Research Centre Symposium on innovative private law. Various speakers will discuss the consequences of technological developments for Dutch commercial law and Robbert Jan will focus on innovative property law. 

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11.01.2018 NL law
Witness examination and the withdrawal of a judge

Short Reads - In its decision of 24 November 2017 (ECLI:NL:HR:2017:3016), the Dutch Supreme Court confirmed that a judge is allowed to critically interrogate a witness and remind a witness of his oath. Such action is not an indication that a judge is not impartial or independent.

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14.03.2018 EU law
The Court of Justice of the European Union Rules that Intra-EU Investment Arbitration is Incompatible with EU Law: Reflections and Consequences for the Energy Charter Treaty

Articles - On the 6th of March 2018, the Court of Justice of the European Union (CJEU) held in a case between the Slovak Republic and Achmea (Case C-284/16, ECLI:EU:C:2018:158) that investment arbitration on the basis of the Netherlands-Slovakia Bilateral Investment Treaty (BIT) is incompatible with EU law, in particular Arts. 267 and 344 of the Treaty on the Functioning of the European Union (TFEU). 

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23.02.2018 NL law
Can acts and statements from an unauthorised representative qualify as acknowledgment of liability and interrupt a limitation period?

Short Reads - On 26 January 2018, the Supreme Court delivered a judgment (ECLI:NL:HR:2018:108) about the interruption of the limitation period for a claim for damages. The key element in this case was whether the acts and statements of an insurer and a loss adjuster qualified as an acknowledgement of liability and, if so, whether this acknowledgement could be attributed to the liable party

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10.01.2018 NL law
Fire, furniture and strict liability for buildings used for business

Short Reads - Persons using a building in the course of running a business might be liable for damage caused by a defect in the building on the basis of strict liability. Such liability exists if there is a link between the origin of the defect and the running of the business. In its decision of 24 November 2017 (ECLI:NL:HR:2017:3016), the Dutch Supreme Court clarified how to ascertain whether there is such a link.

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19.10.2017 NL law
Annotatie onder Gerechtshof Arnhem-Leeuwarden - 14-02-2017

Articles - Nu de verkoop van de inventaris meer dan een jaar voor het faillissement heeft plaatsgevonden, is het bewijsvermoeden van art. 43 Fw niet van toepassing. De stelplicht en de bewijslast ten aanzien van het paulianeus handelen rusten dan ook op de curator. De enkele omstandigheid dat het niet goed ging met de onderneming, betekent nog niet dat op dat moment te voorzien was dat een faillissement onafwendbaar was.

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08.03.2018 NL law
Dutch courts can reduce contractually agreed penalties to an amount that is not unacceptable

Short Reads - You think you have made clear arrangements about the exclusivity of your supplier's services. The supplier has agreed to service your company only. You have even agreed unequivocal penalty clauses under which the supplier pays a penalty for every breach and another one for every day the breach continues. Unfortunately, the supplier breaches the exclusivity clause, forcing you to claim the full amount of penalties due. And then the supplier refuses to pay them because he finds them unreasonable. Now what?  

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21.02.2018 NL law
Termination clauses in agreements and Dutch standards of reasonableness and fairness

Short Reads - How can a party terminate an agreement? With the exception of certain specific agreements (i.e. employment or rent), the Dutch Civil Code (DCC) does not provide rules on termination as such. Whether and under what conditions a party is entitled to terminate an agreement is determined by the agreement itself and the general standards of reasonableness and fairness ("redelijkheid en billijkheid") in Article 6:248 DCC. In its decision of 2 February 2018 (ECLI:NL:HR:2018:141), the Dutch Supreme Court further developed its case law on the subject matter.

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02.10.2017 NL law
Judgement beyond the ambit of the legal dispute

Short Reads - In its judgment of 14 July 2017, ECLI:NL:HR:2017:1357 the Supreme Court decided that the pleadings did not provide sufficient basis for the decision of the Court of Appeal that the contractor's claim was also based on joint and several liability of the alleged client. Moreover, the pleadings provided no evidence that the alleged client acknowledged that the contractor considered the alleged client jointly and severally liable.

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