Litigation, AKD updates

Netherlands

Contributed by AKD
A year of insights: new regime for collective redress one year in action
  • Netherlands
  • 16 March 2021

In 2020 the Act on Redress of Mass Damages in Collective Action (WAMCA) entered into force. The WAMCA builds on the well-established Dutch collective redress mechanisms that have been in effect since 1994. This article discusses the numerous developments in various ongoing WAMCA proceedings, whether the WAMCA has (already) delivered on its promise to be the next step in the progressive class action climate of the Netherlands and the opportunities and challenges that could be expected.

Theft of luxury watches from storage raises questions over carrier liability
  • Netherlands
  • 19 January 2021

An armed robbery at a warehouse provided the basis for an unfortunate – but legally interesting – recent case in the Amsterdam Court of Appeal. The case raised the question of whether the carrier could be held liable for the loss of the goods and, if so, whether it could invoke the limitations of liability applicable to carriers. In this regard, the court also examined whether storage formed an independent part of the contract or whether it was absorbed into carriage.

How to catch evidence in Dutch civil procedures without fishing expeditions
  • Netherlands
  • 12 January 2021

In the Netherlands the general discovery trial is an unknown phenomenon. However, certain documents may be obtained pursuant to Article 843a of the Code of Civil Procedure. If all of the relevant requirements are met and no restrictive grounds apply, the court will allow the claim for disclosure of a copy, extract or inspection of the requested documents. This article outlines how this procedure works.

Amsterdam Court of Appeal overturns Max Verstappen's victory
  • Netherlands
  • 08 December 2020

The Amsterdam Court of Appeal recently overturned the victory obtained by Formula 1 driver Max Verstappen before the Amsterdam District Court in a dispute concerning his portrait rights. The matter in question concerned the use of a Verstappen lookalike in a video ad. The appeal court's decision appears to have opened up the possibility of using lookalikes for parody purposes – even in ads. Nonetheless, parties should tread carefully, as much depends on the circumstances of the case.

Validity of NCC and NCCA clauses
  • Netherlands
  • 03 November 2020

Since 2019 it has been possible to bring international, civil and commercial disputes before the Netherlands Commercial Court (NCC) and the Netherlands Commercial Court of Appeal (NCCA). All litigation is conducted in English, which is a huge plus for foreign parties. The NCC will take on a case if certain conditions are met. A recent NCC ruling has provided more clarity on the condition that parties must expressly agree in writing to litigate in English before the NCC or the NCCA.


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