We are Stibbe Cross-Border Disputes Management specialists

We work closely with our clients to create an effective dispute strategy with the most favourable outcome, regardless of the jurisdictions in which they are domiciled.

Cross-Border Disputes Management

Our multi-lingual teams have experience in handling proceedings both for and against foreign entities, with in-depth knowledge of different cultural and legal backgrounds.

Acting on behalf of both local and foreign companies, governmental organisations and financial institutions, we tackle a myriad of questions such as immunity from jurisdiction and execution, the recognition and enforcement of foreign judgements, and arbitral awards and cross-border injunctive relief.

We have essential experience in tackling complex matters regarding the international jurisdiction of Benelux courts and on the law applicable in such proceedings.

In addition to our practical experience and expertise, members of our litigation practice group regularly lecture on private international law and have published on this area of expertise in international legal journals and law reviews.

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Experience

  • 17.02.2014 NL law
    Stibbe advised Deloitte

    Experience - We represented Deloitte in a liability suit relating to the US class action "In re Royal Ahold NV Securities & ERISA Litigation". The plaintiff, a well-known association representing the interests of shareholders, initiated the proceedings in February 2012. Parallel class actions have been litigated before a court in Maryland, US.  

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  • 17.02.2014 NL law
    Stibbe advises Konami Digital Entertainment

    Experience -   Representing the world leader in trading card games in a major dispute concerning the counterfeiting certain products of Konami and the subsequent termination of an exclusive distributorship for Europe, Oceania and Latin America. After numerous summary proceedings, it was confirmed that Konami was entitled to terminate the distribution agreement. Advising Konami Digital Entertainment on the termination of the relationship with its exclusive distributor of Yu-Gi-Oh! trading cards in, i.a., Europe and Latin America.     

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  • 17.02.2014 NL law
    Stibbe advises KLM and Martinair - CFI and EWD

    Experience -   Representing KLM and its subsidiary Martinair in antitrust damage litigation in the Amsterdam District Court, following on from the European Commission's finding of an antitrust infringement in the air cargo sector. This Amsterdam group action is run parallel to a similar action in London and to class actions in the United States. The claimants' action covers 11 jurisdictions.   

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  • 17.02.2014 NL law
    Stibbe advises Indover Bank

    Experience -   Representing the trustees of Indover Bank in a major dispute with Bank Indonesia. Indover Bank was a Dutch merchant bank and a 100% subsidiary of Bank Indonesia, the central bank of the Republic of Indonesia. Indover Bank was declared bankrupt in December 2008. In legal proceedings before the District Court of Amsterdam, the trustees refuse the validation of a claim from Bank Indonesia to the amount of EUR 43 million and have submitted a counterclaim of at least EUR 71 million. According to the trustees, Bank Indonesia breached a guarantee under which Bank Indonesia had obliged itself to enable Indover Bank to meet its obligations.  

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  • 22.01.2013 NL law
    Stibbe advised Bombardier Transportation

    Experience -   Successfully defended the global train manufacturer Bombardier Transportation in a dispute with the Israeli insurance company Phoenix. The dispute related to two fire incidents that occurred in Israel in 2001,  involving trains supplied by Bombardier Transportation to the Israeli railway company. Phoenix, the railway company's insurer, claimed damages from Bombardier Transportation. Phoenix' claims were held unfounded and were therefore fully and finally dismissed by both the District Court and the Court of Appeal in The Hague, with a final decision of 22 January 2013.  

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  • 30.06.2012 NL law
    Stibbe advised ABN AMRO

    Experience -   Representing ABN AMRO in a major dispute with inter alia former group companies Fortis N.V. and Fortis SA/NV (renamed: Ageas). The multi-jurisdictional dispute concerned the redemption of hybrid securities for a total value of approximately EUR 2.5 billion. After several years of litigation, the dispute was settled for a settlement value of EUR 400 million in June 2012.  

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Related news

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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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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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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22.09.2017 NL law
Dutch Supreme Court ruled on the time limit under which appeals must be brought

Short Reads - On 1 September 2017, the Dutch Supreme Court ruled that the appeal period ends three months after the day on which the court has given its judgment, at the end of the day with the same number as the day on which the judgment was given (ECLI:NL:HR:2017:2225). However, when the appeal period of three months expires in a month that does not have a day with the same number due to the fact that it is shorter, the appeal period ends on the final day of that month. Therefore, it is important to be aware that the appeal period relating to judgments given on certain specific days might end earlier than expected.

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05.07.2017 NL law
Dutch Supreme Court confirms case law on causation: roundup of two recent cases (PART I)

Short Reads - In its decisions of 2 June 2017 (ECLI:NL:HR:2017:1008) and 9 June 2017 (ECLI:NL:HR:2017:1053), the Dutch Supreme Court reconfirmed its case law on causation, the condicio sine qua non test and the so-called "reversal" rule in the law of evidence pertaining to this test. Although strictly speaking, these decisions might not bring much news, they show that carrying out the condicio sine qua non test is not always straightforward. In addition, these decisions show the importance of clearly keeping in mind the facts and norms constituting the unlawfulness or non-performance at hand.

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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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05.07.2017 NL law
Dutch Supreme Court confirms case law on causation: roundup of two recent cases (PART II)

Short Reads - In its decisions of 2 June 2017 (ECLI:NL:HR:2017:1008) and 9 June 2017 (ECLI:NL:HR:2017:1053), the Dutch Supreme Court reconfirmed its case law on causation, the condicio sine qua non test and the so-called "reversal" rule in the law of evidence pertaining to this test. Although strictly speaking, these decisions might not bring much news, they show that carrying out the condicio sine qua non test is not always straightforward. In addition, these decisions show the importance of clearly keeping in mind the facts and norms constituting the unlawfulness or non-performance at hand.

Read more

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