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ARTICLE · 25 JUNE 2013

Resolving Mass Claim Disputes In Europe: Lessons From The Netherlands

The collapse of financial powerhouse Lehman Brothers in September 2008 marked the start of a financial crisis that demonstrated the true meaning of globalization.

NetherlandsLitigation, Mediation & Arbitration
Ianika Tzankova
Ianika Tzankova

Introduction

The collapse of financial powerhouse Lehman Brothers in September 2008 marked the start of a financial crisis that demonstrated the true meaning of globalization. The financial landscape was different in 1993 when Vie d'Or, a life insurance company established in the South of the Netherlands went bankrupt. That left about 11,000 Dutch policy holders without a life insurance plan and with damages estimated at EUR 80 million.

In the Netherlands, similar to many other European countries, there is a strong reliance on regulatory oversight and enforcement. The general belief is that regulators are put in place to prevent the collapse of financial institutions. When an exceptional event takes place the Government is expected to provide a solution or at the very least to somehow facilitate a compensation scheme for the victims. The case study of the Vie d'Or litigation and settlement offers an insider view of how mass disputes are dealt with in a civil law

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