News on the Brexit

Conference - The International Bar Association (IBA) is organising its 6th Annual Corporate Governance Conference in Frankfurt on 5 and 6 December 2019. Together with Damien Zoubek (Cravath, Swaine & Moore) Pieter Schütte will co-chair this two-day conference. Derk Lemstra will co-chair a panel discussion on Friday.

Articles - A warranty & indemnity (W&I) insurance covers damage resulting from breaches of warranties given in the SPA by the seller. W&I insurance has been around for many years, but it has become increasingly popular in the last few years. According to Lockton, “recent statistics suggest that over 50% of corporate real estate transactions in Europe now use W&I insurance, a large driver for this has been the adoption of a EUR 1 cap on sellers’ liability under the SPA.”

Seminar - Stibbe is organising a seminar in Amsterdam on 29 November 2019 concerning recent developments in the software market, potential new opportunities offering the right to respond to powerful suppliers, and the question of how these developing resources can be used effectively. 

Articles - The European Commission recently issued guidance on the participation of third country bidders in public procurement. It clarified bids may be excluded, but remains silent on whether they may be accepted and under which conditions. The Commission is of the opinion that contracting authorities or entities can exclude bids if no access is secured. However, it does not discuss if and under which conditions contracting authorities or entities can allow foreign bids if no access is secured.