The Legal 500

Netherlands > Arbitration

Index of tables

  1. Arbitration
  2. Other recommended firms

Led by Marnix Leijten, De Brauw Blackstone Westbroek’s team was recently involved in two international arbitrations concerning GasTerra, to the value of $1bn per case. The practice has been involved in one of the few investment treaty arbitrations, acting for Eureko Achmea with regard to its investments in Union Health Insurance Company. The team is described as ‘dedicated, with excellent technical knowledge’. Clients include Akzo Nobel, Royal Dutch Shell, and the State of the Netherlands.

Allen & Overy LLP’s arbitration team is regularly involved in both international and domestic cases. The team received new instructions from TNT in a dispute regarding indemnity claims under a shares sales agreement and has also represented clients Shell, and Schering Plough and Punch Graphix. Willem van Baren heads the practice.

Houthoff Buruma possesses a large disputes team which regularly handles investment treaty arbitrations. The team represents a mixture of domestic and international clients in the energy sector. Dirk Knottenbelt and Rob Meijer are recommended. Recent highlights include an ICSID arbitration to the value of $19bn.

Nautadutilh’s ‘superb’ stand-alone arbitration practice is led by Gerard Meijer. The team has been involved in some sensitive, high-profile cases, often internationally. In the field of investment treaties, the team has been acting for Eureko in its multi-billion euro BIT claim against the Polish state, and also represented Intergent UK in a multi-million euro dispute against Gasterra. Daniella Strik is recommended.

Jeroen Ouwehand and Juliette Luycks are recommended for arbitration matters at Clifford Chance. The team demonstrates real strength in handling complex multi-jurisdictional work, and recently represented Shell Nigeria Ultra Deep in a dispute with the Government of Nigeria.

Loyens & Loeff’s regularly handles international and domestic arbitrations across a range of industries, and often advises clients on investment protection. The arbitration team is led from the Paris office, while Sidney Berensden is the lead partner in Amsterdam.

Jan Pas handles arbitration at Pels Rijcken & Droogleever Fortuijn NV. The team recently represented a fashion designer client, and the government over an investment dispute. The team is noted for international arbitrations before the Netherlands Arbitration Institute, AAA and LCIA on matters arising from equity and asset transactions.

Toni van Hees leads the arbitration team at Stibbe, which has been involved in a number of prominent arbitrations in the market, including advising Delta Lloyd in a dispute with ABN AMRO, regarding the termination of their bank insurance joint venture.

Jeroen van der Lee and Eggo Jan Rietma handle arbitration at Bird & Bird LLP. The team is capable of handling cases in Dutch, English, German, French, Spanish and Italian, and has been bolstered by the recent arrival of Olaf Trojan from Simmons & Simmons.

Boekel De Nerée’s Michel Deckers heads the dispute resolution practice and has been involved in a number of large scale arbitrations over the past year. Highlights include representing Rosneft in a $800m arbitration relating to a dispute concerning executing of arbitral awards in the Netherlands.

CMS Derks Star Busmann’s 20-partner dispute resolution team is led by Peter Soede, and has represented construction companies with regard to fraud allegations by government agencies.

DLA Piper’s Diederik de Groot is a well-known figure in the arbitration field. The team handles complex domestic work, as well as international cases. Recently de Groot was involved in an arbitration case in France. Willemijn van den Berg, an associate within the team, is also engaged in the practice.

Yke Lennartz heads the arbitration team at Norton Rose LLP, acting for clients in the energy, retail, and banking sectors, with the ability to handle international as well as domestic work. Key clients include easyJet, Rabobank and RWE Energy.

Simmons & Simmons suffered from the loss of arbitration specialist Olaf Trojan to Bird & Bird LLP this year. Secretary of the Netherlands Arbitration Institute, Jan Willem Bitter now heads the practice.

Van Doorne’s team’s particular strength is in professional liability cases, acting on a number of high-profile international cases, often in the insurance market. The practice also covers government liability, company liability, and supervision of the financial sector. Hermine ten Haaft and Guus Kemperink are recommended.

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Legal Developments in Netherlands

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  • State aid risks involved in real estate transactions and public-private partnerships

    Private undertakings that engage in commercial transactions with public authorities located in the EU should be more aware of the risk of unlawful state aid. This is especially true for construction or development companies, as well as real estate funds, when participating in projects with public authorities involving the sale and/or finance of buildings or land. In many of these transactions the risks of state aid are either ignored or overlooked. In general, state aid is forbidden and any unlawful state aid including interest is to be recovered from the recipient undertaking. The recipient undertaking therefore bears the risks of unlawful state aid. Hence the importance for undertakings to determine whether a risk of state aid exists in relation to commercial transactions with public authorities. If so, appropriate steps should be taken to seek compliance with rules on state aid or to notify such aid to the European Commission.
    - Boekel De Nerée
  • Distributing dividends in the Netherlands

    Several questions arise when your  Dutch subsidiary distributes dividends. Below we set out numerous issues, on a non-exhaustive basis, that have to be addressed in the process of distributing dividends.
    - Boekel De Nerée
  • Employee participation and works councils in the Netherlands

    Companies going through global reorganisations often have to deal with local rules and regulations relating to employee participation. Observing these rules and regulations is often of major importance to avoid any delay in the implementation of business decisions. This article describes some of the main aspects of the consultation process relating to works councils in the Netherlands. It covers the special provisions that apply to entrepreneurs employing at least 50 people.
    - Boekel De Nerée
  • Privatising environmental resources

    Anne-Marie Klijn, Joyeeta Gupta and Anita Nijboer discuss current investments in greenhouse gas reduction projects, and consider whether there is enough supervision of these contracts in the Netherlands and worldwide.
    - Boekel De Nerée
  • Price fixing on transfer of shares and the (non-performing) trustee in bankruptcy

    When entering into a joint venture, a great deal of attention can be devoted to the exit. For many hypothetical situations, the parties wish to lay down how the price of the interest to be transferred when a party exits is fixed. In practice, a substantial degree of flexibility is required in fixing the value of the interest to be transferred. Parties want to make the ‘reward' for the exiting partner depend on the circumstances of the exit. If, for example, a partner is being ousted on account of negligence, then this is a good reason to apply a discount to the real value of the interest involved.
    - Boekel De Nerée
  • Real estate funds under pressure: new round, new opportunities?

    Many reports have recently appeared in the media about downward revaluations of real estate portfolios. Although it is not exactly clear how big the decline in value has been, there seems to be a consensus in the market that the value of real estate has decreased considerably since autumn 2008. As a result, real estate investors have seen the value of their assets go down. This may also have far-reaching consequences for private, non-listed real estate funds. Because the financial crisis has now affected the economy as a whole, the risks have further increased. As commercial tenants are having more and more difficulty keeping their businesses going at the same level, rental income may be wiped out completely or in part. Real estate funds may have to endure a very rough period because of these developments. This may provide cause for financing banks to impose additional requirements on funds, under the threat of terminating credit or enforcing security interests.
    - Boekel De Nerée
  • Grote bouwprojecten niet in gevaar

    Als het aan de voorzieningenrechter van Utrecht ligt, kan op basis van een onder de oude Wet op de ruimtelijke ordening verleende vrijstelling gewoon een bouwvergunning worden verleend, ook als deze pas onder de per 1 juli 2008 in werking getreden nieuwe Wet op de ruimtelijke ordening (Wro) wordt aangevraagd. De Arnhemse voorzieningenrechter oordeelde op 22 april nog anders (FD 23 juli, in Recht en belastingen: 'Grote bouwprojecten dreigen te stranden'), maar daarvan is op 17 juli afstand genomen.
    - Lexence
  • Labour Law

    As a foreign employer in the Netherlands, it is important to know that there are many legal provisions that protect the interests of the employee. These are, among others, provisions regarding holidays, minimum wages, working hours and employment of disabled employees. As a consequence, you are not entirely free in concluding employment agreements. In this article, mr. Jan Dop will discuss the definition, contents and termination of an employment agreement, as well as matters relating to sickness of employees and discrimination. He will also give practical information on working conditions, pregnancy and parental leave.
    - Russell Advocaten
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    - Boekel De Nerée
  • Parent company protection

    This article discusses how to ensure that your Dutch subsidiaries do not contaminate the parent company with liabilities in times of financial crisis.
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