The undisputed market leader in litigation

...in the Netherlands, and in national and international litigation arenas.

Unrivalled litigation practice

Unrivalled in breadth, scope, size, the blue chip nature of our client base, and the sheer number of high profile cases, our strong focus on dispute and risk management and our full-service litigation practice serves the vast majority of the largest 100 companies headquartered in the Netherlands. With extraordinary value at stake, and unprecedented scale and/or complexity, our clients' matters often attract public interest and a high degree of political sensitivity. They always concern unprecedented situations and questions of law: the law that is, of any and often several jurisdictions, anywhere in the world.

Successful litigation strategy

Multidisciplinary and critical minds underpin our integral vision on how we manage our clients' legal exposure. Harnessing the expertise of leading experts both across and outside of the firm, we assess our clients' legal and compliance risks to develop a practical strategy in mitigation. Pragmatic expert advice at the outset of a matter provides transparency around costs, assists clients collect and conserve evidence, and forges the most efficient response to a dispute. A successful litigation strategy requires that we do not shy away from asking the hard questions, with an open and critical mind.

Recent Matters

20 February 2024

Yukos Shareholders Secure Victory in $50 Billion Arbitration Dispute

In the legal battle that has drawn attention worldwide for over a decade, the Amsterdam Court of Appeal today upheld the $50 billion arbitration awards in favour of the former majority shareholders of Yukos Oil Company, effectively dismissing the Russian Federation's last-standing challenge against the decision. This ruling is a decisive step in one of the most significant legal disputes in the realm of international arbitration. It also underscores the inviolability of international law and treaties.
3 February 2022

De Brauw advises DAF Trucks as lead counsel in extensive EU antitrust follow-on damages litigation in 19 jurisdictions

On 19 July 2016, the European Commission imposed fines totaling EUR 2.93 billion on five truck manufacturers, including DAF Trucks. De Brauw represented DAF Trucks throughout the Commission’s investigation. Thereafter, massive follow-on litigation ensued with thousands of legal proceedings in multiple European and non-European jurisdictions as a result. The cases vary from damages for a few trucks to collective proceedings in which hundreds of millions are claimed. DAF Trucks and PACCAR have appointed De Brauw to act as lead counsel in all of the 19 jurisdictions that are involved. This mass claim is of unprecedented scale, arguably the most complex and extensive ever in Europe, and requires close oversight to align strategy in all these different legal systems, including common and civil law systems. De Brauw developed its own 'mass claim platform' for this case, creating one central data, document, proceedings and compliance portal for all of those working on the connected proceedings, all over the world. This is a prime example of the international nature of De Brauw's practice.
3 February 2022

De Brauw assists and represents Ageas in settlement ruling by Amsterdam Court of Appeal

On 13 July 2018, the Amsterdam Court of Appeal declared the collective settlement agreement between Ageas (Fortis' legal successor) and several commercial and non-profit claimant organisations acting on behalf of former shareholders of Fortis (that is, Vereniging van Effectenbezitters, Deminor, Stichting Investor Claims Against Fortis and Stichting FortisEffect), binding in accordance with the Dutch Act on Collective Settlement of Mass Claims ("WCAM"). As a result, the settlement became binding on all investors who purchased or held Fortis shares in the period between 28 February 2007 and 14 October 2008, except for those who actively opted-out of the settlement before 31 December 2018.

Their performance is world-class in this line of work.

Chambers Europe, 2021

Insights

23 November 2023

Bill submitted to improve shareholder dispute resolution and corporate inquiry proceedings

For corporate disputes, Dutch law provides for the dispute resolution procedure (geschillenregeling) and corporate inquiry proceedings (enquêteprocedure). A recent bill aims to improve the effectiveness of the dispute resolution procedure and to broaden the grounds for awarding remedies. The bill also clarifies the admissibility requirements for inquiry proceedings for listed companies' shareholders and depositary receipt holders.
13 September 2023

US and Dutch courts allow combined US-Netherlands restructuring for Diebold Nixdorf

On 11 August 2023, Diebold Nixdorf, the cash machine manufacturer operating worldwide, successfully completed an extensive debt restructuring by combining and carrying out Chapter 11 proceedings in the US, and WHOA proceedings in the Netherlands. De Brauw partner Ferdinand Hengst took a key role as court-appointed observer in the WHOA portion, which was recognised under Chapter 15 in the US for the first time ever.
19 July 2023

ACM updates – and clarifies – its guidelines for sustainability claims

On 13 June 2023, the Netherlands Authority for Consumers and Markets (ACM) published its updated Guidelines regarding Sustainability Claims, which replace the ACM's earlier guidelines that were published in 2021. The updated guidelines provide more clarity on what makes sustainability claims compliant with unfair commercial practice rules, and what could make these claims misleading to consumers.