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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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 ING Bank

    Experience -   Representing ING Bank in a contractual dispute with a market maker company.  In proceedings before the District Court of Amsterdam, the market maker company claims to have suffered losses as a result of an alleged failure to supply a sufficient quantity of securities through a clearing institution in the early 1990's.   

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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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  • 30.08.2011 BE law
    Stibbe assists in complex CDO litigation

    Experience - Assisting a leading Belgian bank with a number of highly complex and sensitive litigation cases about the sale of Collateralized Debt Obligations (CDOs) to corporate and private clients during the period 2005-2007.

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Other specialists

Related news

15.02.2019 NL law
Commercial interest on overdue interest payments on a loan – uncertainty remains

Short Reads - If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed. If a car dealer buys the same car from an importer and fails to pay the purchase price on the agreed date, that car dealer has to pay commercial interest, which is a much higher rate, instead of the normal statutory interest (Clause 6:119a DCC).

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18.01.2019 NL law
Special regulation on franchise agreements proposed: more protection for franchisees

Short Reads - On 12 December, a draft legislative proposal ("proposal") was published containing a special regulation on franchise agreements. Until now, there have been no special regulations regarding franchise agreements. The Explanatory Memorandum mentions that franchisees believe that franchisors have a more dominant position within their relationship.

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29.01.2019 NL law
How to remedy a default under Dutch law?

Short Reads - Under Dutch law, a debtor can remedy a default by offering to perform its obligations at a later date. Such an offer, however, has to include an offer to pay for damages and costs incurred as a result of the default (art. 6:86 DCC). If the creditor refuses to accept an offer that meets such criteria, the creditor will be in default.

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29.01.2019 NL law
Netherlands Commercial Court van start

Short Reads - Op 1 januari 2019 zijn op basis van de Wet Netherlands Commercial Court het Netherlands Commercial Court (NCC) en het Netherlands Commercial Court of Appeal (NCCA) van start gegaan. Bij het NCC kunnen internationale handelsgeschillen voor een gespecialiseerde overheidsrechter worden beslecht. Het NCC biedt procespartijen de mogelijkheid om in het Engels te procederen.

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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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