Netherlands updates

Arbitration & ADR

Contributed by Freshfields Bruckhaus Deringer LLP
Arbitral award may be enforced after annulment at seat
  • Netherlands
  • February 22 2018

The Supreme Court recently ruled that a Dutch court may enforce an annulled arbitral award if, among other things, the local annulment decision is based on grounds other than those set out in Article V(1)(a)-(d) of the New York Convention and which are not internationally recognised, or the annulment decision is irreconcilable with Dutch private international law. This judgment offers important guidance as to the Dutch courts' discretion to enforce annulled awards.

Will ruling denying recognition of Yukos bankruptcy affect setting aside of $50 billion UNCITRAL award?
  • Netherlands
  • September 21 2017

The Amsterdam Court of Appeals recently ruled that the Russian liquidation order regarding OAO Yukos Oil Company is contrary to Dutch public order and therefore null and void. An interesting question is whether the judgment will have a bearing in the appeal of the annulment proceedings concerning the $50 billion Energy Charter Treaty arbitration case between former Yukos shareholders and Russia, which is pending before The Hague Court of Appeal.

Swatch/Tiffany setting-aside proceedings: court rules restraint must be exercised in reviewing arbitral decisions
  • Netherlands
  • June 01 2017

The Amsterdam Court of Appeals recently annulled a 2013 Amsterdam District Court decision to set aside a $450 million arbitral award in proceedings between watchmaker Swatch and jeweller Tiffany. The main question for the court of appeals was whether the district court had been correct in holding that the tribunal had exceeded its authority. The judgment, which may be subjected to Supreme Court review, confirms the court's pro-arbitration and enforcement approach.

Supreme Court rules recognition of international arbitral awards not subject to appeal
  • Netherlands
  • May 04 2017

In a recent decision, the Supreme Court rigorously applied Article III of the New York Convention and ruled that a decision recognising an international arbitral award is no more subject to appeal than a decision recognising a domestic arbitral award. Further, the court rejected the plea that such an appeal should be available under Article 6 of the European Convention on Human Rights.


Company & Commercial

Distributions of profits to shareholders under corporate law
  • Netherlands
  • January 29 2018

A Dutch private limited company can make distributions of profits to its shareholders if the company's capital exceeds the aggregate of the reserves that must be maintained pursuant to the law and the company's articles of association. If a company cannot pay its due and payable debts after a distribution, the members of the board of directors can be held liable to for any resulting shortfall and the company's bankruptcy trustee can claim and recover the amount wrongfully paid from each shareholder.


Energy & Natural Resources

Contributed by Stek Advocaten BV
Towards a climate and energy plan: will Dutch polder model succeed?
  • Netherlands
  • April 09 2018

The government recently finalised its objectives and the negotiation format for the national climate agreement. This will be an agreement in principle, which will form the basis of the integrated national energy and climate plan pursuant to the draft regulation on the governance of the Energy Union. The state and various stakeholders will negotiate and conclude the climate agreement, for which the government recently finalised its objectives and the negotiation format.

Renewable energy subsidies renewed
  • Netherlands
  • March 12 2018

The minister of economic affairs and climate recently announced that the new government has reserved €12 billion to grant subsidies in 2018 for the production of renewable energy under the Renewable Energy Grant Scheme. The subsidies, which will be made available to applicants in two €6 billion tranches, aim to accelerate the development and use of sustainable energy production technologies.

New government's ambitious climate and energy initiatives
  • Netherlands
  • January 15 2018

The new government's coalition agreement contains an ambitious paragraph on climate and energy, which observes that the European Union's aim to reduce greenhouse gas emissions by 40% (compared with 1990 levels) by 2030 will be insufficient to meet the Paris Agreement target. Therefore, the new government has set the bar higher, introducing measures to prepare the Netherlands for a 49% reduction in greenhouse gas emissions by 2030.

Geothermal financing developments
  • Netherlands
  • September 25 2017

The number of geothermal energy projects in the Netherlands is rapidly increasing and there are growing calls for the existing legal framework to be reshaped in order to meet the specific needs of such projects and remove bottlenecks. In light of geothermal energy's potential in the much-desired energy transition, it is hoped that these growing pains can be quickly overcome and that the industry can continue to develop itself as a standalone professional industry.

Corporate power purchase agreements in Dutch electricity market
  • Netherlands
  • July 10 2017

An important global trend is the rapidly increasing number of large industrial and corporate energy consumers and buyers wanting to purchase renewable electricity directly from renewable electricity producers on the basis of long-term corporate power purchase agreements. This has also emerged as a trend in the Dutch energy market, especially in the context of the so-called 'energy transition' initiated by the government and the Energy Accord signed by the government and market players.


Healthcare & Life Sciences

Contributed by AKD NV
Inducement ban regarding medical devices
  • Netherlands
  • March 28 2018

The Medical Devices Act was recently amended to include a provision that bans improper inducements aimed at stimulating the prescription or supply of medical devices on the basis of undesirable financial incentives. The aim of the amendment is to give patients more trust that healthcare professionals make decisions concerning certain devices based on legitimate grounds relating to patient care.


Insolvency & Restructuring

Amsterdam Court of Appeals denies recognition of Yukos bankruptcy based on public order exemption
  • Netherlands
  • September 15 2017

The Amsterdam Court of Appeals recently ruled that the 2006 Russian liquidation order regarding OAO Yukos Oil Company is contrary to Dutch public order and therefore null and void. The court's reasoning was largely based on a 2014 European Court of Human Rights judgment following a complaint lodged against Russia by the former Yukos shareholders with regard to Yukos's liquidation.

Pre-insolvency procedures: Dutch practice and legislative catch-up
  • Netherlands
  • May 27 2016

Dutch law does not yet have a pre-insolvency composition procedure. However, draft legislation is on the table to implement a Dutch out-of-court composition – a process similar to the UK scheme, with some US Chapter 11 elements. Draft legislation has also been prepared to implement a formal procedure similar to the English pre-pack administration.