Litigation in the Netherlands

Litigation in the Netherlands
Author: Marieke van Hooijdonk
Publisher: Kluwer Law International B.V.
Total Pages: 241
Release: 2009-02-24
Genre: Law
ISBN: 9041142282

This book offers the ideal way for a foreign lawyer to get in touch with litigation practice and procedure in the Netherlands. Whether a lawyer comes to Dutch litigation in the normal course of business, or whether the brief and inexpensive kort geding (preliminary relief proceedings) is the main attraction, this concise guide provides a solid understanding of the practical implications of Dutch litigation

Financial Law in the Netherlands

Financial Law in the Netherlands
Author: Marcel C. A. Nieuwenhuijzen
Publisher: Kluwer Law International B.V.
Total Pages: 578
Release: 2010-01-01
Genre: Law
ISBN: 9041128573

The book provides a practical survey of Dutch financial law, and explains the following topics: specific rules applicable to investment institutions; specific rules applicable to debt instruments; offering securities in both primary and secondary markets; set-off and calculation of obligations of market participants (netting); structures for custody and book-entry transfer of securities; obtaining and terminating listings; mandatory bids, competing bids, friendly and unfriendly bids under public offering regulations; alternative investment funds and fund governance; meaning, jargon and function of derivatives, forwards, futures, options, swaps, etc.; securities repurchase and lending transactions; bond regulations; caretaking duties in private and public law; structure of legal proceedings of a prospectus liability claim; unfair commercial practices rules; case law in insider trading and market manipulation; securities litigation in Dutch private, criminal, and administrative law.

A Guide to the NAI Arbitration Rules

A Guide to the NAI Arbitration Rules
Author: Bommel van der Bend
Publisher: Kluwer Law International B.V.
Total Pages: 374
Release: 2009-01-01
Genre: Law
ISBN: 9041127348

The Netherlands Arbitration Institute (NAI) is the most prestigious institute in the Netherlands for the arbitration of commercial disputes. While NAI arbitration is the dispute resolution mechanism of choice of many Dutch corporations and public entities, it is increasingly agreed on by foreign parties selecting the Netherlands as a neutral venue for their potential disputes. This excellent volume, a rule-by-rule guide to the NAI Arbitration Rules, is not only the first such handbook in English, but the most comprehensive and detailed in any language. In addition, it provides a unique commentary in English on important elements of Dutch arbitration law. Drawing on case law from arbitral tribunals and state courts and on extensive personal experience, members of the arbitration team of the Dutch law firm De Brauw Blackstone Westbroek N.V. provide in-depth commentary on each provision of the NAI Arbitration Rules and on arbitration-related court proceedings in the Netherlands under the Dutch Arbitration Act. Focusing on disputes arising from (among others) share purchase agreements, joint venture agreements, licence agreements, franchise agreements, finance agreements, contractor agreements, distribution agreements, and agreements for the sale of goods, the analysis covers such crucial factors of the NAI system as the following: the use of the list procedure for the appointment of arbitrators; the central role of the Administrator; the Dutch concept of binding advice; contractual relationships and exclusion of liability; the separability of the arbitration agreement; freedom in determining and applying rules of evidence; the mechanisms for parties to seek relief in summary arbitration proceedings; costs of arbitration; and the arbitral award, including the possibility of rectifying, supplementing and setting aside this award. The provision-by-provision analysis also compares the NAI Rules with both relevant proceedings in the Dutch state courts and, inter alia, ICC and UNCITRAL Arbitration Rules and to practice under such other rules. The authors of this matchless book have faced many questions on the NAI Arbitration Rules, advised on the interpretation and correct application of those Rules, and defended such interpretation before tribunals and courts. In this book they share their experience, insights, and expertise. Counsel for corporate clients and public entities contemplating arbitration proceedings and– as well as counsel to parties in NAI proceedings or related court proceedings and– will find here an incomparable guide to the NAI system and Dutch arbitration law.

International Litigation

International Litigation
Author: Steven J. Stein
Publisher:
Total Pages: 568
Release: 1980
Genre: Actions and defenses
ISBN:

Prepared for distribution at the international litigation program, September 25-26, 1980, New York City.

Employment Law and Works Councils of the Netherlands

Employment Law and Works Councils of the Netherlands
Author: F. B. J. Grapperhaus
Publisher: Kluwer Law International B.V.
Total Pages: 102
Release: 2009-01-01
Genre: Law
ISBN: 9041128581

"This book gives employers a clear understanding of Dutch employment law, with practical and legal information on the hiring and firing of employees, terms and conditions of employment, workplace issues, and the rights of works councils. It offers practical guidance to in-house counsel and lawyers who deal with Dutch labour law and codetermination issues, and also serves to facilitate communication between foreign business persons and their Dutch counsel." "This is a handbook for Dutch employers, in-house counsel, and employment and labour lawyers representing foreign companies with business interests in the Netherlands." --Book Jacket.

Dutch Legal Culture

Dutch Legal Culture
Author: E. Blankenburg
Publisher: Springer
Total Pages: 84
Release: 1994-07-15
Genre: Law
ISBN: 9789065447661

The Netherlands are a small country, but they have many laws. In handling them, Dutch lawyers tend to be pragmatic: they use them to solve problems, not to create additional ones. If they do create problems, they try to find a way around them. If must be, they ignore them. Only if even that meets with resistance, they change them. Because of its non-legalistic learnings, Dutch legal culture favoured a pragmatic public administration, a mild penal climate and an informal civil justice. This book contains a `journey' through selected aspects of Dutch legal culture which is presented by comparing, the Court System, the Legal Profession, Informal Justice in Civil Courts, Criminal Policy and a very Dutch legal term `beleid'.

Comparative Climate Change Litigation: Beyond the Usual Suspects

Comparative Climate Change Litigation: Beyond the Usual Suspects
Author: Francesco Sindico
Publisher: Springer Nature
Total Pages: 615
Release: 2021-01-21
Genre: Law
ISBN: 3030468828

This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

The Brussels I Regulation Recast

The Brussels I Regulation Recast
Author: Andrew Dickinson
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2015
Genre: Law
ISBN: 9780198714286

1: Andrew Dickinson: Background and Introduction to the Regulation 2: Martin Illmer, Arnaud Nuyts, Jonathan Fitchen: Scope and Definitions (Art. 1 - 3) 3: Helene van Lith: Jurisdiction - General Provisions (Art. 4-6) 4: Matthias Lehmann, Eva Lein, Pippa Rogerson, Marie Elodie Ancel: Special Jurisdiction (Art. 7-9) 5: Stefania Bariatti: Jurisdiction in Matters Relating to Insurance (Arts. 10-16) 6: Andrea Bonomi: Jurisdiction over Consumer Contracts (Arts. 17-19) 7: Louise Merrett: Jurisdiction over Individual Contracts of Employment (Arts. 20-23) 8: Matthias Lehmann: Exclusive Jurisdiction (Art. 24) 9: Paco Garcimartin: Prorogation of Jurisdiction - Choice of Court Agreements and Submission (Arts. 25-26) 10: Xandra Kramer: Examination as to Jurisdiction and Admissibility (Arts. 27-28) 11: Pippa Rogerson, Paco Garcimartin, Matthias Lehmann: Lis Pendens and Related Actions (Arts. 29-34) 12: Arnaud Nuyts: Provisional, Including Protective Measures (Art. 35) 13: Pietro Franzina, Xandra Kramer, Jonathan Fitchen: The Recognition and Enforcement of Member State Jud gements (Arts. 36-57) 14: Jonathan Fitchen, Xandra Kramer: Authentic Instruments and Court Settlements (Arts. 58-60) 15: Martin George, Jonathan Fitchen, Marie-Elodie Ancel: General Provisions (Arts. 61-65) 16: Andrew Dickinson: Transitional Provisions (Art. 66) 17: Pippa Rogerson, Andrea Bonomi, Martin Illmer: Relationship with other Instruments (Arts. 67-73) 18: Andrew Dickinson: Final Provisions (Arts. 74-81) Appendix 1. The Regulation: English, French and German language versions. Appendix 2. Comparison of 2001 Regulation and Recast Regulation Appendix 3. Commission Proposal (Annexes omitted) Appendix 4. Explanatory Statement within the Final Report of the EP Legal Affairs (JURI) Committee Appendix 5. Information Published by the Commission Pursuant to Art 76.

International Dispute Resolution

International Dispute Resolution
Author: Vesna Lazić
Publisher: Springer
Total Pages: 131
Release: 2018-07-26
Genre: Law
ISBN: 946265252X

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div