Akd Prinsen Van Wijmen News

Netherlands law firm AKD Prinsen Van Wijmen says a recent decision of the Dutch Supreme Court indicates that, whilst Holland remains an extremely carrier-friendly jurisdiction for disputes under the Convention on the Contract for the International Carriage of Goods by Road (CMR), a much stricter approach is to be adopted to the Act of God exemption from liability for loss and damage under CMR. In its April 24 decision in Philips Electronics NV v Vos Logistics, the Supreme Court upheld the earlier decisions of the court of first instance and the Court of Appeal in finding that Vos Logistics could not rely on the CMR Article 17 (2) Act of God defence in respect of the theft of a consignment of electrical goods whilst enroute by road from Belgium to Warsaw, Poland.

AKD Prinsen Van Wijmen, one of the largest law firms in the Netherlands, is expanding its transport law team. Effective October 15, three partners and three associates are joining AKD from the Rotterdam office of law firm NautaDutilh. Frans de Vries Lentsch. Also making the move are Emily Derogee van Roosmalen, who heads up the Netherlands arbitration platform, Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA), Taco van der Valk, researcher, maritime and transport law, and Haco van der Houven van Oordt. They will join AKD's existing transport and insurance division, which currently has two partners, Leo Boersen and Carel van Lynden.

Shipowners who find their vessel has been arrested in the Netherlands need to be careful when putting up security to get the ship released quickly. Recent case law shows that even if the owner has a strong case in rejecting the claim, it may still have to wait until the very final judgement before being able to reduce the security. In the worst case scenario this may take several years, if conditions for security reduction are not specifically agreed at the outset. Netherlands is of course well known as a ship arrest paradise. To prevent unnecessary costs and delays, shipowners have the option of providing security in exchange for an arrested vessel’s release. This is usually done on Rotterdam Guarantee Form 2000.

AKD Prinsen Van Wijmen, one of the largest law firms in the Netherlands, is moving its Rotterdam-based shipping, transport and insurance team to a new office on Rotterdam's Admiraliteitskade. Effective February 1, 2003, AKD's Rotterdam office will be located at: AKD Prinsen Van Wijmen Admiraliteitskade 50 3063 ED Rotterdam PO Box 4302 3006 AH Rotterdam Tel: +31 (0) 10 272 5300 Fax: +31 (0) 10-272 5400