The starting point for this event is the observation that a number of complex multijurisdictional cases find their way to the Dutch courts. Notorious examples of past and pending collective redress cases include the Shell Nigeria (environmental claims), Libor (market manipulation claims), Petrobras (investor claims) and the “truck cartel” (competition claims) cases.
This “Dutch-bound” trend raises questions about the adequacy of the legal framework for such complex cases, in particular with regard to the international jurisdiction of the Dutch courts, the scope of application of the new law on collective redress, the domestic and international coordination of proceedings, the available (extraterritorial) remedies, etc.
Furthermore, this trend begs a more fundamental question about the position of the Dutch courts in a fragmented legal landscape. The broad application of the Law on Collective Settlements and the more restrictive scope of the new law on collective action, illustrate some of these controversies. Should The Netherlands remain an international dispute settlement hub (forum conveniens) for such disputes?
Dutch and international academic experts, practitioners and policy-makers will lead the discussion from a legal, political and societal perspective. Please join us for an in-depth reflection on how to tackle such collective redress cases.
This conference is organised by Maastricht University, Tilburg University and University of Amsterdam (UvA), with the collaboration of the Open University, in the context of the Netherlands Sector Plan on the transformative effects of globalisation in the law.
10:30 Opening and welcome
Panel 1: The attractiveness of Dutch courts in the international scene.
Proposition: The instruments of European private international law (Brussels I, Rome II) are in need of specific rules for collective action and collective settlements.
Moderator: Aukje van Hoek
Speakers: Alexia Pato and Burkhard Hess
Panel 2: The attraction of the Dutch remedies.
Proposition: The admissibility requirement in the new Dutch law on collective action (under which the claim should have a sufficient link to the Netherlands) is both undesirable, and possibly in breach of EU law.
Moderator: Cathalijne van der Plas
Speakers: Flip Wijers and Daan Lunsingh Scheurleer
12:15 One hour break
Panel 3: Squaring the circle: EU law and Dutch actions.
Proposition: The limitation on standing (to pre-approved entities) in the new EU Directive is a threat to Dutch crossborder (consumer?) actions.
Moderator: Ianika Tzankova
Speakers: Paulien van der Grinten, Vincent Smith and Axel Halfmeier
Panel 4: The market for mass litigation.
Proposition: The position of The Netherlands is reinforced in a fragmented international legal landscape (in post-Brexit times).
Moderator: Marta Pertegás
Speakers: Xandra Kramer and Duncan Fairgrieve
15:00 Concluding remarks
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