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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08.11.2019 BE law
Interview with Wouter Ghijsels on Next Gen lawyers

Articles - Stibbe’s managing partner Wouter Ghijsels shares his insights on the next generation of lawyers and the future of the legal profession at the occasion of the Leaders Meeting Paris where Belgian business leaders, politicians and inspiring people from the cultural and academic world will discuss this year's central theme "The Next Gen".

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21.05.2019 BE law
The International Comparative Legal Guide to Corporate Recovery & Insolvency 2019 - Belgian chapter

Articles - This Guide covers common issues in corporate recovery and insolvency - including issues that arise when a company is in financial difficulties, insolvency procedures, cross-border issues - in 30 jurisdictions. Pieter Wouters and Paul Van der Putten of Stibbe Brussels' Litigation department contributed to the Belgian chapter of the ICLG.

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04.07.2019 NL law
Audit firms and accountant's duty of care towards third parties

Short Reads - The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law, and ultimately depends on the circumstances of the case. However, the role of accountants in society, their responsibility to serve the general interest, and rules of professional conduct and practice play an important role.

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21.03.2019 NL law
15 aspects of Brexit you did not know

Short Reads - A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

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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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04.06.2019 NL law
Dutch Supreme Court clarifies evidentiary rules concerning signatures and signed documents

Short Reads - In two recent decisions, the Dutch Supreme Court has clarified the evidentiary power of signed documents. If the signatory unambiguously denies that the signature on the document is his or hers or claims that another party has tampered with the signature (for instance, through forgery or copying a signature from one document and pasting it in another), it is up to the party invoking the signed document to prove the signature's authenticity (ECLI:NL:HR:2019:572).

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13.03.2019 NL law
Financial Services Disputes in the Netherlands

Articles - What are the most common causes of actions taken by or against financial institutions and service providers in Dutch jurisdiction? Who has a right of action in financial services disputes? Does it make a difference if the customer is an individual or a commercial entity? Is there a specialist court or specialist judges for financial services litigation? Roderik Vrolijk and Daphne Rijkers provide answers to these and other questions about financial services disputes in the Netherlands.

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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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