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
On 6 January 2017, the Dutch Supreme Court delivered its decision (ECLI:NL:HR:2017:19) on the validity of a contract of settlement (vaststellingsovereenkomst) (article 7:900 et seq. of the Dutch Commercial Code (DCC) that is contrary to mandatory law, thereby explaining article 7:902 DCC. According to the Supreme Court, a settlement agreement that is in breach of mandatory law is only valid … Read more
During the OO&R symposium on 17 May 2016, Toni van Hees gave a presentation on the role of the trustee in bankruptcy in combating bankruptcy fraud. The reason for this presentation stems from the ongoing legislative programme ‘Reassessment of bankruptcy law’ (Herijking faillissementsrecht) in which combating bankruptcy fraud plays an important part. Two out three bills submitted in this context … Read more