Mr Taco van der Valk

Taco van der Valk

Lawyer biography

Taco van der Valk (1965) obtained his master of law degree at Leiden University in 1989. In 1990 he started his professional career at NautaDutilh, and in October 2001 he joined AKD Prinsen Van Wijmen, where his work continues to be a combination of knowledge management and regular practice. Taco's practice mainly focuses on contentious and non-contentious dry shipping work (bills of lading, charter parties, cargo claims). He has a special interest in the arrest of ships and aircraft, general international litigation and the international law of the sea.

Taco's clients include a wide range of shipping interests, including leading international cargo and passenger carriers.

Taco is secretary to the editorial board of Schip en Schade, the Dutch maritime and transport law reports, and is editor of the loose-leaf treaty compilation Transport - International Transport Treaties. He regularly lectures on maritime and transport law at seminars and courses, including the Grotius Academie Vervoerrecht. Taco is a member of a number of professional and legal associations. He is a member of the Executive Board of the Netherlands Maritime and Transport Law Association and membre titulaire of the Comité Maritime International. . He has been involved in a legal research project for the Dutch government regarding the possible relocation of Schiphol Amsterdam Airport to an island off the Dutch coast. In 2006, Taco was appointed an honorary deputy judge (Lord Justice) in the Court of Appeal at The Hague by Queen Beatrix of the Netherlands.


Updates

Litigation

Supreme Court confirms right to limit liability
Netherlands | 21 August 2018

The Supreme Court has reconfirmed the right to limit liability under Dutch law, even in personal injury cases. It held that limitation as such is not a violation of the human right to protection of property under the First Protocol to the European Convention on Human Rights, and that it is nationally and internationally considered necessary that the liability of the carrier is limited or may be limited in the event of a passenger's death or personal injury.

Shipping & Transport

Supreme Court confirms right to limit liability
Netherlands | 08 August 2018

The Supreme Court has reconfirmed the right to limit liability under Dutch law, even in personal injury cases. It held that limitation as such is not a violation of the human right to protection of property under the First Protocol to the European Convention on Human Rights, and that it is nationally and internationally considered necessary that the liability of the carrier is limited or may be limited in the event of a passenger's death or personal injury.

Netherlands prepares to adopt Rotterdam Rules
Netherlands | 01 August 2018

With two bills recently submitted to Parliament, the Netherlands is preparing to adopt the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam Rules) into Dutch law. This legislative effort is a clear sign of support in respect of the rules and will be appreciated by those convinced that the rules are the way forward for the carriage of goods in this age of e-commerce.

Rotterdam Guarantee Form Limitation 2017 introduced
Netherlands | 06 September 2017

The Dutch Transport Law Association recently introduced a new standard form to be used for the constitution of a limitation fund in proceedings before the Dutch courts for the limitation of liability in seagoing or inland shipping. In the past, guarantees in limitation proceedings were offered on the basis of widely diverging texts, which often led to disagreement between the interested parties and the need for court rulings on the adequacy of the guarantee.

Supreme Court rejects autonomous CMR application in multimodal carriage
Netherlands | 08 August 2012

The Supreme Court recently confirmed the Court of Appeal's judgment in a case which addressed the autonomous application of the Convention on the Contract for the International Carriage of Goods by Road (CMR) to international multimodal carriage. In so doing, the Supreme Court established that, on balance, the CMR does not apply to multimodal carriage which is not so-called 'piggyback' carriage.

Autonomous application of CMR to international multimodal carriage
Netherlands | 14 July 2010

The Court of Appeal of The Hague recently ruled that an Icelandic shipping company could invoke a choice of forum provision under a multimodal transport contract. The court took a clear stance in the international debate concerning the autonomous application of the Convention on Contracts for the International Carriage of Goods by Road conditions to the international carriage of goods as part of multimodal transport.

Government Announces Plan to Ratify 1996 LLMC Protocol
Netherlands | 20 February 2008

The Ministry of Justice has announced its intention to introduce a bill into Parliament to ratify the 1996 Protocol to Amend the 1976 Convention on Limitation of Liability for Maritime Claims. Apart from ratifying the protocol, the draft bill also includes a proposal to denounce the 1976 convention.

Collision Provisions Take Precedence over General Principles of Tort Law
Netherlands | 11 July 2007

The Court of Cassation has recently handed down its judgment in the Zwartemeer Case. The judgment is significant as it settles a dispute raging in the Netherlands over whether the statutory provisions on damage caused by a ship take precedence over the statutory provisions containing the general principles of tort law.

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.