Commercial Contracting & Dispute Resolution
The world around us is becoming increasingly legal. There is more and more litigation, proceedings take longer and they are becoming increasingly complex. As such, we see a tendency to divide or limit the risks already at the ‘front end’ of a transaction, in the contract. The call for alternative forms of dispute resolution, such as arbitration, binding advice and mediation, is increasing. Clients also want more transparency and clarity about what is involved in proceedings, including certainty about the costs associated.
The lawyers in the Commercial Contracting & Dispute Resolution practice group have many years of experience in the field of commercial litigation, based on the following principle: settle if possible, but litigate at daggers drawn if necessary.
The lawyers in our practice group excel both in drafting contracts and in litigating when parties fail to reach agreement. The skills required for both disciplines are mutually reinforcing. We choose a transparent and project-based approach. You know what to expect from us in terms of advice and financially.
Our lawyers work continuously to deepen their knowledge, for example through various teaching positions and phd-thesis in cooperation with various law faculties. This means that you can rest assured of the best quality. Our team has your interests at heart.
Moreover, the lawyers in the practice group have extensive experience in alternative dispute resolution, for example as binding advisers or arbitrators, and as lawyers for parties in mediation, binding opinion proceedings or arbitration.
- Liability in the event of broken off negotiations
- General terms and conditions for both purchase and (online) sale of goods and services
- Arbitration and binding opinion
- Conservatory garnishment / freezing orders
- Annulment or termination of contracts and the consequences thereof
- Enforcing judgments of national and foreign courts or arbitrators
- Enforcement disputes
- Debt collection
- Contractual compliance
- Various – qualified or unqualified – contracts, such as agency, mediation, distribution, franchise, purchase and professional services
Our clients are mainly construction companies, retail, transport & logistics, chemicals, industry, international trade and installation technology.
Recent cases Commercial Contracting & Dispute Resolution
- Assisting an (English) multinational with drafting and negotiating a logistics agreement on the distribution of its products in Europe (annual contract value over EUR 10 million)
- Ongoing collaboration with Miele Nederland B.V. in setting up, implementing and maintaining a distribution network within the Netherlands
- Advising various large franchisors on the Dutch Franchise Act (Wet franchise) which will come into force on 1 January 2021
- Representation and advice to:
- companies and insurers about both contractual non-contractual liability issues
- a multinational airline company regarding a dispute about a local logistics solution (EUR 46 million)
- a party disputing the termination of an agreement on the construction of a fibre optic network
- a multinational manufacturer litigating about product liability
- an educational institution involved in major legal proceedings brought by a number of students regarding a study delay
- a multinational franchisor on the termination of an agreement with one of its franchisees
- a local authority in a dispute with a supplier about the fulfilment of a continuing performance contract and compensation for breach of contract
- various companies disputing the termination of continuing performance contracts
- various parties in disputes about the exercise of suspension rights