Litigation and Arbitration

The EU's proposed Green Claims Directive has emerged as a potential new framework aiming to tackle greenwashing and help consumers make greener choices when purchasing a product or using a service. 

We discuss a draft bill to declare contractual clauses limiting the transferability and/or pledgeability of claims in business relations void, and call upon the Dutch Senate to reconsider at least its applicability to existing contracts.

Litigation against, for example journalists, NGOs, and human rights defenders could effectively silence them. To prevent this, the European Parliament and the Council of the European Union recently adopted the anti-SLAPP Directive.

De Hoge Raad over de vrijheid van uittreding bij een coöperatie (JOR 2024/132), met noot van Manon Cremers

Statutory commercial interest is higher than the ordinary statutory interest. Whether statutory commercial interest is due, depends on the qualification of the relationship between the parties as a commercial contract under Article 6:119a DCC.

On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments.

The European Commission has fined Mondelēz EUR 337.5 million for restricting cross-border trade. Brand owners are advised to double-check their licensing and distribution systems, as well as their commercial conduct, for possible territorial restraints.