COMMERCIAL DISPUTES

We have extensive experience in resolving high-stakes commercial disputes arising under all sorts of commercial contracts including distribution agreements and joint venture agreements. The firm has also experience with pension scheme litigation and post-M&A disputes including disputes concerning earn-out obligations, (alleged) breaches of representations and indemnity claims. Although we are a litigation and arbitration-only firm, we are routinely consulted by transaction-focused firms on strategies to avoid litigation and we are frequently engaged to advise on and/or participate in settlement negotiations.

Recent cases

• We represent a group of former shareholders of a company in a dispute against the company and a former co-shareholder concerning irregularities at the time of the sale of the company
• Our lawyers are part of an international counsel team representing the central bank and a major insurer in the Dutch Caribbean in proceedings against its owner, management board and supervisory board and helped secure a victory of over USD 500 million against defendants in first instance
• We are co-counsel in Curacao seated arbitration proceedings representing a US based industrial conglomerate in a dispute against a Venezuelan high net worth individual who guaranteed certain loans
• We defend a Ukrainian national in Dutch litigation proceedings in respect of a EUR 300 million claim
• We are the trusted advisor of a litigation funder who frequently requests our advice in respect of investment proposals relating to (potential) litigation or arbitration proceedings
• We represent a pension insurer in litigation proceedings concerning a contractual dispute with a EUR 45 million claim value
• We represent an international food producer in a contractual dispute with one of its suppliers focusing on the delivery of heavily contaminated ingredients
• We represent an international pharmaceutical company in a dispute with a manufacturer under German law
• We are the trusted advisor of a global bike manufacturer based in the Netherlands with respect to contractual issues arising under contracts with suppliers, distributors and leasing companies. Malte Malycha, who is fluent in German, recently advised and successfully represented the same client in German court proceedings against a leasing company