Cross-Border Disputes Management

We are Stibbe Cross-Border Disputes Management specialists

We work closely with our clients to create an effective dispute strategy with the most favourable outcome, regardless of the jurisdictions in which they are domiciled.

Cross-Border Disputes Management

Our multi-lingual teams have experience in handling proceedings both for and against foreign entities, with in-depth knowledge of different cultural and legal backgrounds.

Acting on behalf of both local and foreign companies, governmental organisations and financial institutions, we tackle a myriad of questions such as immunity from jurisdiction and execution, the recognition and enforcement of foreign judgements, and arbitral awards and cross-border injunctive relief.

We have essential experience in tackling complex matters regarding the international jurisdiction of Benelux courts and on the law applicable in such proceedings.

In addition to our practical experience and expertise, members of our litigation practice group regularly lecture on private international law and have published on this area of expertise in international legal journals and law reviews.

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Experience

  • 17.02.2014 NL law
    Stibbe advises Indover Bank

    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.  

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  • 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 KLM and Martinair - CFI and EWD

    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.   

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  • 17.02.2014 NL law
    Stibbe advises Konami Digital Entertainment

    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.     

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  • 22.01.2013 NL law
    Stibbe advised Bombardier Transportation

    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.  

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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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Related news

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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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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