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Shipping & Transport - Netherlands

March 2012 - Transport. Legal Developments by AKD Prinsen Van Wijmen N.V.

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Attaching maritime assets in insolvency

In most jurisdictions, under the universal approach to cross-border insolvencies a mortgagee cannot enforce a mortgage without the consent of the administrator. However, the Netherlands is an exception in this regard, and allows a mortgagee to enforce mortgages even if the debtor is insolvent.

Netherlands enacts LLMC 1996 Protocol and Bunkers Convention

January 2011 - Transport. Legal Developments by AKD Prinsen Van Wijmen N.V.

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On January 1 2011 both the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims (LLMC 1996) and the Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (Bunkers Convention) entered into force in the Netherlands.