Corporate Dispute resolution

We are Stibbe Corporate Dispute Resolution specialists

We view litigation as a last resort and our aim is to reduce our clients’ exposure to it through risk management and properly informed decisions, on long-term strategic issues.

Corporate Dispute Resolution

Working in an international environment, our litigators have a strong sense of the cultural and legal difference between markets and how to channel that knowledge into creating the most effective solutions.

Our specialists enjoy the challenge of the most demanding and innovative projects and bringing them to a positive conclusion. As a result, we have a strong track record with a significant number of landmark cases and cross-border corporate litigation.

Working in partnership with our clients, we handle securities litigation, shareholders’ and joint-venture related disputes, directors’ liability, M&A litigation, corporate governance disputes and inquiry proceedings before the Enterprise Chamber in the Netherlands.

Notably, many of our corporate litigators have experience as corporate transaction lawyers, providing a sound understanding of the mechanisms of a transaction, and in turn, creating more effective solutions.

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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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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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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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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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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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18.01.2018 NL law
Aandacht voor de bescherming van vennootschappen tegen ongewenste biedingen

Short Reads - Mede naar aanleiding van een reeks van (pogingen tot) ongewenste overnames van buitenlandse bieders op Nederlandse beursgenoteerde vennootschappen zoals PostNL, Unilever en AkzoNobel is er in Nederland – maar overigens ook in Europees verband – aandacht voor de bescherming van vennootschappen tegen ongewenste biedingen en de bescherming van vitale sectoren. In deze Corporate Update behandelen we de laatste ontwikkelingen op dit gebied.

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