Going Dutch

Tim Reid, Partner, Ashurst, UK
Ingeborg Kuyvenhoven, General Counsel, Petrobras Oil & Gas B.V., Netherlands

In an era where the location of the commercial centre of Europe remains to be determined, we look at the position of the English Commercial Court (ECC) and that of the newly established Netherlands Commercial Court (NCC) and those of the London Court of International Arbitration (LCIA) and the ICC International Court of Arbitration (ICC). This article will consider whether in the future commercial enterprises will be attracted to a purpose built judicial process tailored to the need of European and wider based corporations in preference to an entity based upon the application of common law principles and which will, when looking at English law matters, no longer take full (or possibly any) cognisance of European law or whether organisations with arguably greater flexibility will be of interest. As well as identifying procedural elements of each system, we will also consider what underlying principles of common law and civil law may make each system more, or less, attractive than the other. In common parlance we shall consider whether the English Commercial Court has grounds to fear "the new kid on the block" or its arbitration rivals.

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Netherlands Dispute Resolution Energy February 2019 Vol.12, No. 46, Winter 2019

Tim Reid

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Tim Reid specialises in the resolution of disputes in the energy and construction and civil engineering sectors in the UK and internationally. His recent cases have covered a broad spectrum including disputes arising from multi-million pound PFI projects in the UK and exploration for oil and gas reserves off the coast of Africa. Tim has experience in all forms of dispute resolution. In addition to the successful conduct of High Court proceedings, he also has considerable experience of the successful conduct of adjudications, arbitrations (national and international) and a significant number of mediations. Along with being a solicitor in England and Wales, Tim is also admitted as a solicitor in Hong Kong.

Ingeborg Kuyvenhoven

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Ingeborg has worked in the oil and gas sector for more than 20 years. She has experience in multi-million dollar projects, litigation and arbitration in The Netherlands, the UK, Abu Dhabi, Iraq and Africa. Ingeborg studied at Edinburgh Law School as well as Leiden Law School and is dual qualified in The Netherlands and England & Wales.

Petrobras Oil & Gas B.V.

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Petrobras Oil & Gas (POG B.V.) is a 50/50 joint venture between Petrobras International Braspetro B.V. and BTG Pactual, for Exploration and Production of oil and gas in Africa.