Flying the Dutch flag has unfortunately become less popular with shipowners over the past 10 years. Although the exact reasons for this fall in popularity are unknown, the presumption that flying the Dutch flag is limited by the location of the vessel's owner may be a contributing factor. However, although on the face of it only European shipowners appear to be able to obtain a nationality certificate, the scope for flying the Dutch flag is actually much wider.
The Netherlands has long been considered one of the most favourable jurisdictions in which to arrest a ship. A recent Aruba Court ruling is set to enhance this reputation by further liberalising the procedural rules, removing the need for a bailiff to board a ship in order to execute an arrest. The decision is expected to play a role in ship arrest cases throughout the Kingdom of the Netherlands where bad weather conditions, or even deliberate obstruction, may prevent bailiffs from boarding ships.
Digital platforms which connect logistics service providers with their customers have become commonplace. A relevant question from a legal perspective is whether such a platform acts as a carrier or freight forwarder. The answer to this question will affect a platform's civil and public law exposure. As such, platforms should consider their legal position carefully.
A recent Utrecht District Court decision sends a strong reminder to parties in the transport and logistics industry that they must be precise and clear about what they are agreeing to in dealings with their trading partners. While the less formal requirements for concluding an agreement under Dutch law seem to benefit the transport industry, this decision shows that there are pitfalls to be considered.
A recent decision by the Rotterdam Court regarding a major oil spill in the port of Rotterdam emphasises the importance of assessing at an early stage which liability regime applies when a party seeks to limit its exposure to claims in the event of an oil spill at sea. The court held that in procedures concerning limitation of liability, it is the responsibility of the party seeking to rely on limitation to provide all of the information available at an early stage.