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

24 October 2024

Sustainability claims: managing regulatory and other risks as intolerance for greenwashing grows

Environmental, social and governance (ESG) initiatives are now critical drivers for companies – there is no getting around it. Companies often make significant ESG efforts. But when they wish to – or have to – communicate about these efforts, a growing web of regulations becomes relevant. This, coupled with increasingly active authorities who are on the look-out for greenwashing practices, means that it can be hard to establish what is, and what is not, allowed or required. Below, we will summarise the state of play and also look ahead.
24 July 2024

Improved shareholder dispute resolution and inquiry proceedings taking effect in 2025

A bill amending the statutory shareholder dispute resolution proceedings (geschillenregeling), which we reported on in our earlier update, has been adopted by parliament and will enter into force on 1 January 2025. The proceedings provide mechanisms for resolving disputes among shareholders in Dutch companies, in particular through a forced exit. The amendments aim to enhance the effectiveness of these proceedings.
12 July 2024

Dutch Supreme Court: dynamic incorporation clause passes to new owner after transfer of undertaking

On 12 July 2024, the Supreme Court issued a ruling that is important to the employment law and M&A practice in the Netherlands. The case concerns the question of whether a "dynamic incorporation clause" in an employment agreement passes automatically to the new owner after a transfer of undertaking (TUPE) within the meaning of article 7:662 Dutch Civil Code. A dynamic incorporation clause is a clause that provides that not only the collective bargaining agreement in force at the start of the employment but also later versions of that collective agreement, will apply to the employment agreement. We previously reported on the case in this article.