Stibbe Litigators participate in consultation draft bill to modernise the law of evidence

Members of Stibbe’s Commercial Litigation practice group have participated in the public consultation of a draft bill to modernise and simplify the law of evidence in civil procedure. An overview of the draft proposal was provided previously on this blog by Petra Vos and Daan Barbiers. The main goal of the draft bill is to enhance truth seeking in civil … Read more

Can an SPV be misled before it exists?

Transactions are regularly structured through special purpose vehicles (SPVs). An SPV is often established at the end of the negotiations, just before signing the agreement. The other party to the agreement provides information and raises certain expectations during the negotiations. The individuals negotiating for the SPV do not necessarily become officers of the SPV once it is established. Examples of … Read more

Stibbe hosts annual authors’ conference of the Dutch Company Law Monthly Review (Maandblad voor Ondernemingsrecht)

Each year Maandblad voor Ondernemingsrecht (MvO), a Dutch monthly review of company law, invites its past and prospective authors for an annual meet & greet. This year’s meeting will take place on 21 September 2017 and will be combined with a conference on company law. The speakers and subjects are: Frans Overkleeft – The position of shareholders in listed companies … Read more

Termination of continuing performance contracts: a new chapter

On July 7th 2017, the Dutch Supreme Court added a new chapter to the case law it has developed over the years regarding the termination of continuing performance contracts, making a specific exception for publishing agreements regarding copyrighted works (ECLI:NL:HR:2017:1270). Disputes between parties that have mutually accepted continuing obligations often revolve around the question whether and on what conditions one … Read more

Can somebody else’s conduct qualify as your acknowledgement of a claim?

The acknowledgement of a claim interrupts the five years’ prescription period for claims for payment (art. 3:318 DCC). On 21 April 2017, the Dutch Supreme Court answered the question whether the conduct of one company can qualify as the acknowledgement of a claim by another company (ECLI:NL:HR:2017:755). The answer was “yes”, but the Supreme Court evaded the fundamental questions raised … Read more