Court Hears Cartel Damages Claim Despite Arbitration Clause

An arbitration clause did not prevent the Rotterdam District Court from considering itself competent to review a damages claim initiated by a litigation vehicle against a number of lift manufacturers, following a cartel decision by the European Commission. According to the court, the arbitration clause laid down in the lift manufacturers' customer contracts only applies to disputes directly linked to the contract and which are foreseeable at the time of the conclusion of the contract. Given their secretive nature, cartel arrangements and the resulting litigation are not foreseeable for non-cartel participants. Companies should therefore keep in mind that they cannot always rely on these clauses in cartel damages claims.