NAI 75 years event recap – Corporate law and arbitration

We look back on a successful afternoon in which we discussed the relationship between corporate law and arbitration in detail! The program can be found here. Meaningful and thoughtful conversations around a highly relevant topic. We also discussed the advantages and disadvantages of this intersection. Under Dutch law, arbitration agreements in a corporate law dispute do not always have absolute effect and the courts may still have jurisdiction.

A topic such as arbitrability, meaning the possibility of resolving disputes through arbitration, in corporate law, was discussed at length and together with the audience the panel elaborated on and discussed the opportunities and challenges in this regard. Of course, the Groenselect judgment (2006) was discussed, in which the Supreme Court ruled that decisions taken by bodies of legal entities cannot be annulled in arbitration. Arguments leading to this decision included the legal consequences that the annulment of a decision has or can have against third parties. In this respect, the speakers also discussed and suggested possible solutions by way of new specialist annexes to the newly drafted 2024 Arbitration Rules specifically to wider options of third party involvement in post-M&A disputes. Seeing that the new rules already allow for third-party involvement, a nice debate arose as to the necessity for additional far-reaching tools by way of specific annexes. The outcome was that, at least at this stage, we will be able to move forward with the rules ‘as is’!

A special gathering in our anniversary year in which we also showed what we, as a country, have to offer in terms of academic expertise and legal experience. Moreover, a very nice collaboration between 4 Dutch universities and the Netherlands Arbitration Institute (NAI). We look forward to more gatherings in this way and the NAI is delighted to continue to contribute to this!

Thanks to all speakers: Vino Timmerman, Niek Peters, Bastiaan Kemp, Camilla Perera – de Wit, Gerard J. Meijer, Carla Klaassen, Daniella Strik, Gerard van Solinge, Kid Schwarz, Hilde van der Baan and Rufus Abeln.