Dispute Resolution

Litigation

Geschillen zijn aan de orde van de dag. Zeker in de (internationaal) competitieve markt waarin de meeste cliënten van Houthoff opereren. Een geschil kan een bedrijfsvoering lamleggen. Daarom is ons ervaren Procesrechtteam van 80 advocaten altijd gericht op de oplossing van een geschil en het voorkomen van verrassingen. Het strategisch belang voor de cliënt verliezen onze advocaten daarbij nooit uit het oog.

Waar geschikt kan worden, onderhandelen onze procesrechtadvocaten de beste schikkingsvoorwaarden uit. Waar geprocedeerd moet worden, bijten onze specialisten zich erin vast. Zowel in nationale en internationale mediationprocedures en arbitrages als in procedures bij de Ondernemingskamer, de Hoge Raad en het Hof van Justitie van de Europese Unie.

  • “One client says: ‘The team is excellent and the quality of work is outstanding,’ and adds that the lawyers are ‘very technical, objective and clear and deliver high-quality services.’”  
    Chambers Europe, Dispute Resolution (2019 Edition)
  • “Sparring partners who have a lot of trial experience and the ability to assess risks.”
    Chambers Europe, Dispute Resolution (2019 Edition)
  • “The ‘consistently excellent, very responsive’ team at Houthoff is, according to one client, ‘in a class of its own’ and its lawyers are ‘tactically astute, intellectually great, and very commercial in their approach.’”    
    Legal 500, Dispute Resolution: Commercial litigation (2019 Edition)
  • “Houthoff’s ‘exceptional’ group has 'considerable experience in ICC arbitrations’ and stands out for the ‘accuracy and clarity of its legal advice’; it is also a key name for large-scale investment arbitration.” 
    Legal 500, Dispute Resolution: Arbitration (2019 Edition)
  • First Tier firm
    Legal 500, Dispute Resolution: Commercial litigation (2019 Edition)
  • First Tier firm
    Legal 500, Dispute Resolution: Mediation (2019 Edition)
  • Recommended
    Legal 500, Dispute Resolution: Mediation (2019 Edition)
  • First Tier firm
    Chambers Global, Dispute Resolution (2019 Edition)
  • First Tier firm
    Chambers Global & Europe, Dispute Resolution (2018 Edition)
  • "Sources praise the 'excellent lawyers' for being 'a pleasure to work with, resourceful and prompt,' and say: 'They always provide very reliable advice about Dutch law'."
    Chambers Europe, Dispute Resolution (2018 Edition)
  • "Interviewees especially admire the team's meticulous approach to a case: 'The lawyers are very good in dispute resolution, really hard-working, and they go into all details of the case'."
    Chambers Europe, Dispute Resolution (2018 Edition)
  • First Tier firm
    Legal 500, Dispute Resolution: Commercial litigation (2018 Edition)
  • First Tier firm
    Legal 500, Dispute Resolution: Mediation (2018 Edition)
  • "The ‘very good’ team at Houthoff handles a broad range of contentious matters, including restructuring and corporate litigation."
    Legal 500, Dispute Resolution: Commercial litigation (2018 Edition)
  • "Houthoff has considerable expertise handling national and international mediation procedures." 
    Legal 500, Dispute Resolution: mediation (2018 Edition)
  • First Tier firm
    Chambers Global & Europe, Dispute Resolution (2017 Edition)
  • "An excellent law firm, and very thorough. Its lawyers stand out for their profound knowledge, experience and winner's attitude."
    Chambers Europe, Dispute Resolution (2017 Edition)
  • "The team is "very efficient, forward-looking and client-friendly'."
    Chambers Europe, Dispute Resolution (2017 Edition)
  • "The firm is amongst the top five firms in the Netherlands and competes effectively with the international firms that have a presence in the jurisdiction."
    Chambers Europe, Dispute Resolution (2017 Edition)
  • First Tier firm
    Legal 500, Dispute resolution: commercial litigation (2017 Edition)

Onze procesrechtadvocaten staan nationale en internationale ondernemingen, overheden en vrije beroepsbeoefenaars bij. Houthoff heeft een bijzondere positie verworven op het gebied van complexe geschillen waarbij een veelheid aan partijen en/of jurisdicties zijn betrokken. Ons Procesrechtteam deinst daarbij niet terug voor vragen die partijen en de rechter naar onontgonnen gebied leiden.

Onze procesrechtspecialisten werken geïntegreerd samen met onze (sector)experts op het gebied van onder meer financieringen, M&A, milieurecht en verzekeringen en hebben een strategische en resultaatgerichte benadering van geschillen. Zij zijn erkend om hun successen en hebben niet voor niets al jaren achtereen topnoteringen in juridische gidsen als Legal 500 en Chambers Global. Wij kunnen onze procesrechtteams opschalen naar iedere gewenste grootte en meerdere omvangrijke (internationale) procedures tegelijkertijd voeren. Zonder op kwaliteit in te boeten.

  • Houthoff is defending a leading commodity trader in class action litigation in the Netherlands against more than 100,000 claimants in the Ivory Coast. The team successfully defended the company at the Amsterdam District Court. It will continue to defend the company in the appeal. Houthoff successfully defended the company in another class action submitted by a different mass claim vehicle at the Amsterdam District Court and the Amsterdam Court of Appeal.

  • Houthoff is defending a major European truck manufacturer against several cartel damages mass claims submitted by claim vehicles allegedly representing haulier companies.

  • Houthoff is defending a Luxembourg air cargo carrier in several proceedings against an accumulated number of cartel damages claims submitted by several claim vehicles arising from the alleged air cargo cartel.

  • Houthoff is advising a Japanese bank on its defence against announced class actions for damages as a follow-on to several alleged cartels regarding InterBank Offering Rates.

  • Houthoff represented a former CFO of a Belgian bank/insurance company in his defence against several prospectus claims, including a mass claim brought by the Dutch Shareholders Association (VEB).
  • Advised Vi Holding, the largest shareholder of aluminum multinational Vimetco N.V. on several proceedings in the Netherlands and the UK relating to a transaction with regard to a significant minority stake in Vimetco. Disputes arose with respect to certain obligations under this transaction, and also a third party initiated proceedings in both the UK and the Netherlands following it. In the Netherlands, one of the issues reached the Supreme Court, leading to a fundamental judgment on the interplay between attachment in The Netherlands and foreign proceedings.

     

    Click  here for the judgment of the Supreme Court. 

  • Advised Aurelius, through its investment vehicle Capricorn, in lodging several claims in the Netherlands, relating to, among others, (a) the voidance of several intercompany transactions of the Oi Group which have been to the detriment of the group's creditors and (b) to prevent the ailing Brazilian parent company from borrowing any more money from one its Dutch subsidiaries. Furthermore, Houthoff advised Aurelius investment vehicle Citadel in bankruptcy proceedings against a financing entity of the Oi group. This branch of the matter ended in a victory at the Supreme Court.

     

    Click here for the judgment of the Supreme Court.

  • Represented Swiss/Spanish Teka Group in inquiry proceedings before the Enterprise Chamber in Amsterdam. Teka is in dispute with a cluster of minority shareholders. In the action before the Enterprise Chamber of the Amsterdam Court of Appeal, they alleged that Teka has been mismanaged on a number of issues. The court of appeal denied all claims against Teka.
  • Represented Danube Logistics in a significant litigation matter in the Netherlands against several Dutch and Moldovan parties regarding Danube's acquisition of the Giurgiulesti International Free Port in Moldova, including its oil and cargo/container terminals. In this massive international litigation, on behalf of the Danube Logistics group of companies, Houthoff successfully lodged a claim in 2015 before the Amsterdam Court. Opposite parties launched an appeal.
  • Houthoff successfully represented Nationale Nederlanden (NN) in proceedings that were brought by the foundation Vereniging Woekerpolis.nl in relation to investment-linked insurance offered by NN. The court ruled that generally speaking NN had provided sufficient information on costs and premiums. It thus concurred with NN’s position that the provision of information to customers should be assessed against the regulations and system of standards that applied when the investment-linked insurance was offered. The court dismissed all of Vereniging Woekerpolis’s claims.
  • V&D was a landmark brand of high street located department stores (63 stores) in the Netherlands and was founded in 1887. Houthoff advised the company in a wide array of matters, including the restructuring of its debt, and representing the company in several high profile litigation matters related to real estate and labour law.
  • Ballast Nedam wins court of appeal case against Max Bögl. Houthoff advised Ballast Nedam on an appeal case against Max Bögl, a former joint venture partner. The Supreme Court has rejected an appeal in cassation, lodged by Max Bögl. For Ballast Nedam this ruling means an elimination of a risk of over 9 million euros, without further financial impact.

    In 2013, the appeal court found in favour of Ballast Nedam and ordered Max Bögl to pay an amount of over 9 million euros to Ballast Nedam. This amount has been paid at the time and has been included in the Ballast Nedam financial statements.

    Ballast Nedam brought action in 2003 against its then joint venture partner Max Bögl for breach of contract in the tendering stage of three underground stations on the North-South Line.
  • Assisting Elliott in inquiry proceedings at the Enterprise Chamber against the paints and chemical group AkzoNobel. Elliott is one of AkzoNobel’s largest shareholders, with an interest in AkzoNobel of more than 5%.
  • Houthoff is representing a Dutch pension fund in a more than € 1 billion claim against their former asset manager for inadequate covering of the interest risk of the pension fund.
  • Represented Goodyear Dunlop in litigation resulting from a series of incidents.
  • In deviation of its judgment Vis q.q. / NMB from 1989, in JPR / Gunning q.q. the Supreme Court found that a bankruptcy trustee can revoke an electronic payment transaction if the payment order has not led to a credit entry in the bank account of the receiving party on the moment of the bankruptcy. The Supreme Court overruled its own old judgment prospectively: the new rule is only applicable to bankruptcies declared after the new judgment.

    Click here for the judgment of the Supreme Court.
  • Houthoff is the lead counsel to the private owner of the vast Dutch polder Duchess Hedwige (adjacent to the Belgian border in the southern part of the Province of Zeeland). Houthoff advises the owner and litigates against the Dutch Government regarding the planned project of the Dutch Government to submerge the privately-owned polder (more than 300 hectares of cultivated land) and turn it into estuarine nature. This submerging plan of the polder Hedwige is currently a major international political issue between both the Dutch and Belgian governments and the European Commission. Litigation against the State Zoning Plan Duchess Hedwige before the Dutch Council of State, as well as against the decision of the Dutch Government to expropriate 300 hectares of privately-owned land. An expropriation of this scale is unique in the Netherlands.
  • Assisting Petróleo Brasileiro - Petrobras and its subsidiaries, as well as former directors, in respect of a Dutch class action threatened by the Dutch foundation named Stichting Petrobras Compensation Foundation representing non-US investors in securities issued by Petróleo Brasileiro - Petrobras and Petrobras Global Finance B.V.
  • Representing an alleged cartelist before the Dutch civil court in the defense of a billion Euro damages claim as a follow-on to the alleged cathode ray tubes cartels.
  • Houthoff represented ING Commercial Finance in a Supreme Court concerning 'surplus sharing arrangements'. Such arrangements provide lenders of the same debtor with rights for recourse on a potential surplus in the collateral provided to each of the other respective lenders. The Supreme Court confirmed that such arrangement is enforceable if a bankruptcy of the debtor follows (‘bankruptcy proof’) , under the condition that the debtor was a party to this arrangement. Considering the volume of surplus sharing arrangements used by credit institutions as security arrangement, this judgment is of prime importance for financial institutions active on the Dutch market.

    Click here for the judgment of the Supreme Court.
Albert Knigge

Key Contact

Amsterdam
Advocaat | Managing Partner
+31 20 605 65 62
+31 6 5184 5323
Hans Londonck Sluijk

Key Contact

Amsterdam
Advocaat | Partner
+31 20 605 61 16
+31 6 2248 1560
Bart van der Wiel

Key Contact

Amsterdam
Advocaat | Partner
+31 20 605 61 11
+31 6 2025 0758
Jan Willem de Groot

Key Contact

Amsterdam
Advocaat | Partner
+31 20 605 69 62
+31 6 1851 6628
Rob Meijer

Key Contact

Amsterdam
Advocaat | Partner
+31 20 605 61 08
+31 6 5149 4309
Dirk Knottenbelt

Key Contact

Rotterdam
Advocaat | Partner
+31 10 217 24 72
+31 6 5155 9271
Marielle Koppenol-Laforce

Key Contact

Rotterdam
Advocaat | Partner
+31 10 217 25 25
+31 6 5152 1024