Last week I had a vacation and I was away for a good week. Still carefree I packed my bags and left for France to catch my breath. Who could have predicted that when returning to the Netherlands, life and work would look very different? Well, I don’t! In the meantime, we have come back […]
In the first part of this blog we looked at the liability regime in case of delays under the CMR and national law. We also touched on the possible escape from this regime by invoking force majeure. In this part we will elaborate on the latter. A translation to the current situation provides the following picture. On […]
From the outset, it was clear that one of the sectors that would suffer most as a result of the corona outbreak was the transport sector. The consequences are not soft. The closures of the borders of several European countries have now caused long queues and traffic jams. It cannot be ruled out that this […]
A Belgian company has committed itself to transportation of cargo on behalf of an Eastern European company. The Eastern European company is a subsidiary of a company based in the Netherlands. The Dutch parent company has irrevocably and unconditionally guaranteed performance of the financial obligations of its Eastern European subsidiary in favour of the Belgian company.The amount involved is 400k. The Eastern […]
The coronavirus (covid-19) is increasingly expanding and continues to spread, affecting human lives, business and our societies. Given our Prime Minister’s press conference of this evening it is expected that covid-19 will continue to impact us for a prolonged period of time. With this memorandum Team Sagiure provides you with a generic overview of the […]
Under ‘special circumstances’ such as a fire, a flood or an epidemic, employers in various sectors will be confronted with lower client demand and a subsequently reduced workload. These circumstances are not considered to be a regular business risk. The COVID-19 virus, better known as the coronavirus, qualifies as an epidemic and will result in […]
QUESTION ONE – When representing a client with significant business activities in foreign jurisdictions, what are some key risk-related concerns that arise in a cross-border context and how can a parent company minimise such risk? When advising such a client, we carry out a legal risk analysis and base our approach on the results thereof. […]
One of our top clients is a multinational Dutch entertainment group which organises concerts all over the world and licenses music and concert footage to TV stations all over the world. When advising clients, regarding concert-related performance agreements and TV license deals, we first check whether or not the activities are taking place in the […]
Funding litigation does not have a wide-spread acceptance in the Netherlands, unlike many Anglo-Saxon jurisdictions. Therefore, although it is allowed, there are at the moment no specific legal requirements around funding litigation when it comes to the position of a company. Nevertheless, there is certainly a trend visible that shows that popularity is on the […]
The most striking example of gaining a head start from the outset is the requirement to contract to the other party’s national law and to leave dispute resolution exclusively to the national court of the country of residence of the other party. By acting accordingly, the opposing party also immediately raises a blockade for direct […]
In striking a healthy balance between risks and liabilities, it is important to understand that risks and liability can never be fully excluded. It is therefore counterproductive to go to extreme lengths trying to do so. Establishing an iron grip on the subsidiary in order to minimise all risks and liability should never be an […]
Many companies look to grow their business through mergers or acquisitions of companies outside their own country and while this brings many opportunities it can also bring risks. But with […]
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