Streamlined Disclosure in Post-M&A Litigation: Insights from the NCC's Enforcement of Contractual Disclosure Clauses

The Netherlands Commercial Court (NCC) has set a precedent in a post-merger and acquisition (M&A) dispute by enforcing a contractual disclosure clause, thereby granting the seller extensive rights to documents and interviews with key executives. This decision underscores the NCC's commitment to uphold disclosure agreements within contracts and...

Dutch Supreme Court Clarifies Legal Status and Implications of Mediation Clauses

In a judgment of 12 July 2024, the Supreme Court of the Netherlands (Hoge Raad) clarified the legal status and implications of mediation clauses in commercial contracts. The ruling confirms that such clauses are either non-binding or obligatory, depending on the wording and the parties' reasonable expectations. The court also emphasised that...

Dutch Supreme Court Rules EVs Falling Short of Claimed Range are Non-conforming

In a landmark decision, the Supreme Court of the Netherlands has held that an electric vehicle (EV) that fails to achieve the advertised range under normal driving conditions does not conform to the contract of sale and can be returned by the buyer. This ruling may have significant implications for the automotive industry and consumer protection...