Entries by Caland Advocaten

THE ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN THE NETHERLANDS

Sub a of the BIMCO Standard Dispute Resolution Clause 2017 starts with: ‘This Contract shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Contract shall be referred to arbitration in London [..]. The arbitration shall be conducted in accordance with the London […]

,

The long hand of the double sale

In these times of COVID-19 we see it more and more: parties who sell their goods twice to different buyers, sometimes even before the sellers became actual owners of the goods. This is more common in the commodity trade and especially in the metal trade: at the height of price fluctuations it happens frequently. Unfortunately, […]

,

CISG regularly remains unknown to contracting parties

Practice shows that the United Nations Convention on Contracts for the International Sale of Goods (CISG) regularly remains unknown to contracting parties. A recent judgment of 06 November 2019 by the District Court Noord-Nederland (https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBNNE:2019:4743) is an example of such. A Belgian company (‘the Buyer’) purchased a state of the art ‘LED screen’ from a […]

,

Dutch repairyard not liable for damage to Noah’s Ark

On 16 October 2019 the Rotterdam Court rendered an interesting judgment on the Dutch General Yardconditions “VNSI” (ECLI:NL:RBROT:2019:8389). The Owners of a 70 meter long wooden replica of the Ark of Noah contracted with a Dutch shiprepair yard for some repairwork. To the repaircontract the Dutch General Yardconditions “VNSI” applied. During the execution of the work […]

,

Liability for stevedore damage under Dutch law

The Dutch courts regularly deal with cases in which shipowners / charterers hold stevedores liable for damage to a vessel. In some cases, the liability of the stevedore can be based (quite easily) on provisions of the Terminal Service Agreement in place with the stevedore. In other cases, in particular when having to base the […]

,

Preserving evidence under Dutch law

On 13 September 2013, the Dutch Supreme Court issued a judgment that has a wider application in respect of pre-judgment orders attaching documents for the purpose of preserving evidence (including digital evidence) in non-IP cases. After a hesitant start it appears that Dutch courts are prepared to grant these interim measures for the purpose of […]