This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Going Dutch

Abstract

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.

Read Paper

Authors

Portrait image of Ingeborg  Kuyvenhoven
Ingeborg Kuyvenhoven
General Counsel, Petrobras Oil & Gas B.V., Netherlands

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.

Portrait image of Tim Reid
Tim Reid
Partner, Ashurst, UK

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.

Companies

Petrobras Oil & Gas B.V. logo

Petrobras Oil & Gas B.V.

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.

Ashurst logo

Ashurst

Related Papers

“The US innovates, China replicates, Europe regulates” What is the role of general counsel in this scenario?
The US innovates, China replicates, and the EU regulates is a punchline in the policy debate; but beyond whether it is true or not there is certainly a tendency in...Read more
Portrait image of Alfonso Levote
Alfonso Levote
General Consel & Investor Relations, Rosetti Marino S.p.A., Italy
Redefining the Role of the In-House Counsel: Lawyering to Make a Better World
As part of our vocation of service we, the in-house lawyers, have a duty to keep abreast of new legal challenges. Failing to do so in an ever volatile regulatory...Read more
Portrait image of Emilio Hernandez
Emilio Hernandez
Corporate solicitor , Iberdrola, Spain
Climate Change Litigation: A Corporate Perspective
Lucrezia Albanese has a vast experience in litigation having formerly worked in the Relevant Litigation function of Enel SpA Legal Department and being at present Head of Regulatory and Antitrust...Read more
Portrait image of Lucrezia Albanese
Lucrezia Albanese
Head of Regulatory and Antitrust Legal, Corporate, Regulatory and Antitrust Affairs, Enel Italia S.p.A. , Italy
Portrait image of Edoardo Marcenaro
Edoardo Marcenaro
Head of Legal & Corporate Affairs , Enel Grids srl, Italy
Navigating the Transition: Strategies for Shifting to In-House Legal Teams
In today's dynamic legal environment, organizations are encountering a unique blend of challenges and opportunities. Within the ever-evolving intersection of law and business, organizations find themselves at a crucial juncture....Read more
Portrait image of Jatin Jalundhwala
Jatin Jalundhwala
Joint President Legal and Company Secretary, Adani Group, India