Banking Finance and Securities Disputes

We are Stibbe Banking, Finance and Securities Disputes specialists

Our experts have successfully assisted clients in multiparty claims, and even mass-claims, before the civil, administrative and criminal courts.

Banking, Finance and Securities Disputes

Disputes effecting financial institutions and financial products have become more frequent. We have successfully defended our clients in many of these cases.

Acting on behalf of financial institutions, institutional investors and corporate issuers of financial products, our specialists have proven expertise on all the relevant aspects of disputes relating to banking, finance and securities.

We handle complex banking litigation regarding (alleged) mis-selling of securities, asset management, investment advice, private financing, securitisation, prospectus liability and aspects of civil, administrative and criminal liability.

Part of our strength is the ability to set up integrated, multidisciplinary teams tackling the various aspects of banking, finance and securities disputes. These expert teams bring together expertise from a wide range of areas including, financial law, company law, contract law, tax law and criminal law.

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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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04.05.2018 NL law
De benoeming van de accountant revisited

Articles - Een in 2012 aan de accountantsproblematiek gewijd themanummer het Tijdschrift voor Jaarrekeningenrecht  – uitgebracht onder de titel: ‘Accountants onder vuur’ – bevat een mooie, relativerende bijdrage van Huizink over de ‘benoeming’ van de accountant. Huizink plaatste de ook toen al actuele discussie over de wijze waarop de opdrachtverlening aan de accountant moet plaatsvinden in vennootschapsrechtelijk perspectief.

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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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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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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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