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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21.07.2022 NL law
Dutch Supreme Court decides against the pledgeability of non-transferable claims

Articles - Lawyers occasionally wonder how the law ended up as it is. We had that experience after the Dutch Supreme Court’s decision of 1 July 2022 (Rabobank/Ten Berge q.q.; ECLI:NL:HR:2022:984), regarding the possibility or impossibility of pledging a claim. The Supreme Court decided that claims that have been made non-transferable under property law in a contractual agreement between a creditor and a debtor, cannot be pledged either.

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15.06.2020 NL law
Limitation in case of a deliberately hidden claim

Short Reads - Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code). The extension also applies if the debtor deliberately hid the fact that the claim had become due and payable (upon fulfilment of a certain condition, for example). It is, however, unclear what kind of conduct qualifies as deliberate hiding. 

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22.05.2020 BE law
International Comparative Legal Guide to Restructuring & Insolvency 2020 - Belgium chapter

Articles - The Belgium Chapter of the International Comparative Legal Guide to Restructuring & Insolvency 2020 is online. The publication, authored by Paul Van der Putten and Pieter Wouters, covers common topics in restructuring and insolvency, including issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees, and cross-border issues in 27 jurisdictions. 

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18.03.2020 NL law
The impact of COVID-19 (coronavirus) on commercial contracts: force majeure?

Short Reads - Recent measures taken by the Dutch government to contain the outbreak and spread of COVID-19 (a novel Coronavirus) have led to an increase in questions regarding the consequences for commercial contracts. These measures influence society as whole, and have a serious impact on a wide range of specific sectors and industries. These measures have put the performance of commercial contracts, spanning activities ranging from delivering supplies to operating flights, under pressure. The following may provide some helpful general guidance.

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27.05.2021 NL law
The qualification of a (commercial) contract

Short Reads - The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts. For these nominate contracts, the Dutch legislator has formulated specific legal rules in the Dutch Civil Code. In some cases, these legal rules are mandatory; i.e. the contracting parties cannot derogate from these legal rules. The purpose of these codified legal rules is often to protect weaker contracting parties.

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08.07.2020 NL law
Dutch State breached duty of care in providing information to victims and surviving relatives of plane crash

Short Reads - Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal. The State was found liable because it is responsible for the information provided by the Dutch Aviation Safety Board (a government agency) to the victims and surviving relatives. This information, on the causes of the crash was deemed by the court to be incorrect and incomplete.

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02.04.2020 NL law
Claims assigned to a litigation vehicle: who needs to prove what?

Short Reads - Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. The Dutch legal system allows companies and individuals to assign their claims to a “litigation vehicle” or “claims vehicle” that bundles those claims into a single action. In its decisions of 10 March 2020, the Court of Appeal ruled that it is up to litigation vehicles to prove that the assignments can be invoked against the debtor. 

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