Cross-Border Disputes Management

Experience - We advise Proximus, a listed company and longstanding client, on a broad variety of matters, including innovative partnerships, regulatory compliance, M&A and finance projects, and dispute resolution.  

Experience - Representing KLM and its subsidiary Martinair in antitrust damage litigation in what is alleged to be Europe's largest ever cartel damage claim.

Experience - Stibbe advised Akzo Nobel in an action before the General Court to prevent the European Commission from publishing information originating from leniency documents.

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.  

Experience - Representing AkzoNobel and Eka before the Amsterdam District Court in antitrust damage litigation following on from the European Commission's finding of an antitrust infringement in the sodium chlorate sector. This Amsterdam group action covers nine other European jurisdictions. 

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.  

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.   

Experience - Acting as defence counsel for Schindler Holding and its subsidiary Schindler Liften in antitrust damage litigation in both the Utrecht District Court and the Rotterdam District Court, following on from the European Commission's finding of an antitrust infringement in the elevator and escalator sector. 

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.     

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.  

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.