Mr Haco Van der Houven van Oordt

Haco Van der Houven van Oordt

Updates

Litigation

Dutch court underlines arrestors' rights
Netherlands | 08 May 2018

​The Dutch courts recently confirmed that a party which is arresting a vessel has no obligation to pay berth fees or any other associated costs during the period that the vessel remains under arrest. This decision is notable, as although it is in line with the traditional understanding, it is one of few decisions to have been issued on this matter in the Netherlands. It will also likely be regarded with interest in other jurisdictions, where different rules concerning the obligations of arresting parties apply.

Courts provide welcome clarity on ship arrest jurisdictional issues
Netherlands | 05 September 2017

The scope of Article 7 of the International Convention Relating to the Arrest of Seagoing Ships grants jurisdiction to a court granting leave for arrest to also hear the substantive claims. There has been ongoing debate over whether Article 7 also applies to vessels flying the flags of countries which are not signatories to the convention. Several recent decisions – the most recent of which came from Curacao – have reaffirmed that the article's application is not limited to vessels flying the flags of contracting states.

Hague Appeal Court upholds ruling on Article 11 of Convention on Limitation of Liability for Maritime Claims
Netherlands | 09 May 2017

Over the years, the Dutch courts have demonstrated a willingness to adopt a clear and singular approach to the global limitation of liability issues arising from maritime casualties. In the process, the courts have become a forum of choice for several interests involved in worldwide shipping. The Hague Appeal Court recently added to the body of rulings in this respect.

Global limitation of liability and claims for salvage costs
Netherlands | 23 August 2016

Two recent decisions from the Court of Appeal of The Hague have highlighted the issue of which claims fall under Articles 2(d) and (e) of the Convention on Limitation of Liability for Maritime Claims (LLMC). In both cases, barge and cargo owners claimed salvage costs against the owners of seagoing vessels, which sought to limit their liability under the LLMC.

Rotterdam Court takes wider view of injunctive relief
Netherlands | 12 January 2016

In a recently published judgment the Rotterdam Court has confirmed that, following a charterparty hire dispute, claimants can obtain speedy injunctive relief in respect of damages, including when parties have agreed on arbitration abroad and arbitration proceedings have already commenced.

Shipping & Transport

Dutch court underlines arrestors' rights
Netherlands | 09 May 2018

​The Dutch courts recently confirmed that a party which is arresting a vessel has no obligation to pay berth fees or any other associated costs during the period that the vessel remains under arrest. This decision is notable, as although it is in line with the traditional understanding, it is one of few decisions to have been issued on this matter in the Netherlands. It will also likely be regarded with interest in other jurisdictions, where different rules concerning the obligations of arresting parties apply.

Courts provide welcome clarity on ship arrest jurisdictional issues
Netherlands | 13 September 2017

The scope of Article 7 of the International Convention Relating to the Arrest of Seagoing Ships grants jurisdiction to a court granting leave for arrest to also hear the substantive claims. There has been ongoing debate over whether Article 7 also applies to vessels flying the flags of countries which are not signatories to the convention. Several recent decisions – the most recent of which came from Curacao – have reaffirmed that the article's application is not limited to vessels flying the flags of contracting states.

Hague Appeal Court upholds ruling on Article 11 of Convention on Limitation of Liability for Maritime Claims
Netherlands | 03 May 2017

Over the years, the Dutch courts have demonstrated a willingness to adopt a clear and singular approach to the global limitation of liability issues arising from maritime casualties. In the process, the courts have become a forum of choice for several interests involved in worldwide shipping. The Hague Appeal Court recently added to the body of rulings in this respect.

Global limitation of liability and claims for salvage costs
Netherlands | 24 August 2016

Two recent decisions from the Court of Appeal of The Hague have highlighted the issue of which claims fall under Articles 2(d) and (e) of the Convention on Limitation of Liability for Maritime Claims (LLMC). In both cases, barge and cargo owners claimed salvage costs against the owners of seagoing vessels, which sought to limit their liability under the LLMC.

Ship suppliers expected to benefit from further EU integration
Netherlands | 20 July 2016

In the wake of new regulations promoting closer integration of the EU jurisdiction, some recent decisions suggest that suppliers of goods and services to the international shipping industry – including the likes of bunker suppliers – will modify their standard terms explicitly to include Rotterdam as an alternative forum for pursuing trans-border arrest orders against debtors' assets.

Rotterdam Court takes wider view of injunctive relief
Netherlands | 13 January 2016

In a recently published judgment the Rotterdam Court has confirmed that, following a charterparty hire dispute, claimants can obtain speedy injunctive relief in respect of damages, including when parties have agreed on arbitration abroad and arbitration proceedings already commenced.

Appeal court partially restores retention rights for Dutch shipyards
Netherlands | 07 October 2015

An appeal court recently partially restored the traditional tenet of Dutch maritime law and practice whereby the country's shipyards can exercise a right of retention on vessels on which they have performed work. In so doing, it set aside a controversial 2014 ruling holding that a shipyard could not exercise its right of retention on vessels on which it was owed money because it had no prospect of being paid by the debtors.

Rotterdam court can now order EU-wide ship arrests
Netherlands | 17 June 2015

A recent revision of the EU Brussels I Regulation includes some changes with important implications for owners, charterers and other parties looking to arrest vessels or attach other assets in EU jurisdictions. The whole European Union is now a potential ship arrest haven for parties that initiate action through the Rotterdam court. The only proviso is that the court have jurisdiction on the merits of the claim.

Dutch law clear on definition of a 'ship'
Netherlands | 29 April 2015

​In many jurisdictions worldwide there appears to be no clear definition of what constitutes a 'ship'. However, this is not the case in the Netherlands, where 'ships' are clearly defined as "all objects which, according to their construction, are destined to float and which float or have done so". This could be of strategic advantage to lenders looking to obtain security over high-value assets.

Dutch yards may have to rethink strategy on contractual protection
Netherlands | 03 December 2014

Traditionally, shipyards in the Netherlands have been able to exercise a right of retention, until they have been paid, on vessels on which they have performed work. However, a recent Gelderland Court decision has thrown this precept into doubt; and Dutch yards may need to rethink their contractual strategy as a result.

The Australian exit: a potential game-changer in defending maritime claims
International | 19 December 2012

It is often impossible for shipowners to control the varied interests which may have a claim against their ship in the event of a major maritime incident, and they are often left with little option but to wait to see where creditors take action. However, there is another option – the 'Australian exit', whereby owners can take control and change the traditional forum shopping procedure.

Attaching maritime assets in insolvency
Netherlands | 02 November 2011

Rather exceptionally, the Netherlands allows a mortgagee to enforce mortgages even if the debtor is insolvent. This is of particular significance for the maritime industry given the large number of reported bankruptcies and voluntary liquidations involving shipping companies and the banks. The attachment of assets can be a complex business in the shipping industry.

Yukos confirms Dutch territorial approach to bankruptcy
Netherlands | 04 November 2009

Confirmation of the Netherlands' territorial approach to bankruptcy was provided by a recent decision of the Dutch Supreme Court. The court ruled that in the absence of an international agreement between Russia and the Netherlands, Dutch assets were not included in the receivership procedure, thereby confirming that foreign bankruptcies do not preclude or limit the possibility to attach assets in the Netherlands.

Mortgage Claims Can Outrank Crew Claims
Netherlands | 02 July 2008

In the Netherlands, unlike many other countries, crew claims do not always take priority over mortgage interests. Banks seeking to enforce mortgages in the Netherlands through the judicial auction system enjoy a number of advantages, as illustrated by a recent decision of the Amsterdam courts.

Ship Arrest Guarantees Could Take Years to Be Reimbursed
Netherlands | 10 May 2006

Shipowners whose vessels have been arrested in the Netherlands need to be careful when putting up security to get their ships released quickly. Recent case law shows that, even if owners have a strong case for rejecting the claim, they may still have to wait several years before being able to reduce or release the security.

Court Orders Shipowner to Disclose Documents Concerning Loss of Cargo
Netherlands | 21 September 2005

Following the destruction of a cargo onboard a ship, the underwriters of the cargo requested that the shipowner disclose documents relating to the cause of loss. The court ordered the disclosure of all documents relating to the facts of the case, but ruled that the shipowner was not required to release documents relating to the subjective opinion of its experts.

ECJ Rules Netherlands Must Change Vessel Registration Requirements
Netherlands | 27 April 2005

The European Court of Justice ruled that Dutch legal requirements for ship registration contravene European law because they restrict the freedom of establishment of ship owners. As a result, Dutch law will be changed in the near future to make vessel registration easier for non-European companies. The decision has implications for ship registration rules in all EU member states.