Companies are increasingly choosing the arbitration route to settle complex national and international commercial disputes. They prefer the dispute to be assessed by arbitrators who know their sector, in the knowledge that the outcome will be enforced globally under the Treaty of New York.
Disputes generally arise over financing, acquisitions, trade contracts or construction projects. In contrast to proceedings before an ordinary court, arbitration proceedings take place behind closed doors and appeal is usually not possible. Perhaps this is why arbitration is becoming more appealing for the settlement of purely national disputes.
Arbitration demands specific knowledge and experience, and proceedings are primarily governed by the arbitration law in force at the place of arbitration and by any applicable arbitration regulations. They are conducted mostly in English and subject to Anglo-Saxon influences (for example, the hearing of witnesses and the submission of documents).
A large variety of institutes can administer arbitration (such as the NAI, ICC, LCIA, ICDR, DIAC and SCC) and each one has its own regulations. For arbitration to be successful, it is essential to have specific knowledge of the sector as well as any other laws that apply to the commercial agreement in dispute.
Our arbitration practice is ranked in band 3 of the Legal500 (2019) law firm and leading lawyers rankings for the Netherlands.
Parties that we have represented include:
- a large number of Gazprom group entities in two urgent relief proceedings against the Ukraine gas company Naftogaz and relating to pre-judgment attachments to enforce a Swedish SCC arbitral award with an interest in excess of USD 2.6 billion
- a chemicals company against an engineering firm in an international NAI arbitration
- a Caribbean trading company against a Dutch shipbuilding company in a multimillion euro arbitration abroad
- a Russian bank on the enforcement of a EUR 65 million LCIA arbitral award against the former owner of a Croatian supermarket chain
- a Scandinavian maritime transport company against a Belgian construction firm in an arbitration concerning the subsidence of a site for the storage and cleaning of chemical containers in Moerdijk
- the majority shareholder of one of the world's largest trading houses in an ICC arbitration and binding advice proceeding concerning the value of shares after exercising a put option
- an American industrial subcontractor in an NAI arbitration, several nullification proceedings at the Court of Appeal and the District Court in Amsterdam, plus international redress of the arbitration decision against a Slovenian producer
- Nicolai Maximov in several proceedings at the District Court and the Court of Appeal in Amsterdam concerning the enforcement under the Treaty of New York of a nullified ICAC arbitration decision in Russia worth RUB 9 billion against the international steel producer NLMK