Dealing with an unpaying debtor can be a long and frustrating process. With many measures in place when dealing with an unpaying debtor, there is always a solution that could suit your case. But if a debtor is declared bankrupt,…
The limitation period of a claim means that after a certain period of time, the claim can no longer be enforced against the counterparty. After the term has expired, the creditor can no longer recover the claim through legal enforcement.…
Since 1 January 2021, the Netherlands introduced ‘The Dutch Scheme’ also known as the ‘Wet Homologatie Onderhands Akkoord’ (Whoa). This law is a type of insolvency procedure, that is far more extensive compared to other insolvency laws because it limits…
COVID-19 has impacted businesses across the world. The effects of the measures and precautions have not only impacted the health care system, but many political and legislative changes followed as a consequence. One of these legislative changes includes a new…
Dutch law is based on French law. There are several similarities between the two, but also some key differences. On 8th December 2020, the French Desk at Bierens Law gave a webinar following a request by the French Chamber of…
Many people are currently working from home due to COVID-19. This means that video conferences have become part of our everyday life. The effect of governmental measures to prevent the further spread of COVID-19 is also clearly noticeable in the…
Many lines have already been written about the effect of COVID-19 in international contracts. We will be now focus on the case of an international sales contract where the Spanish law is applicable. In general, COVID-19 could be invoked by…
The outbreak of COVID-19 has disrupted many businesses. While some were forced to shut down and others remained operational, COVID-19 has caused a lot of uncertainty. Many businesses are unsure of the current rules and regulations and what impact this…
Before you can start legal proceedings against a foreign customer, there are two questions that are important to consider: Which court has jurisdiction? In other words: Which court is competent to judge the conflict? Which law is applicable? Under which…
Due to the devastating spread of the COVID-19 virus, on March 15 the Spanish prime minister announced the state of emergency (“estado de alarma”). Subsequently, on March 17 a decree was passed, establishing certain measures on how to deal with…
As we are globally going through harsh times caused by the pandemic of Covid-19; disruptions in supply chains along with many other factors are leading to rapid and drastic changes in the economies. Therefore, providing a protection in case of…
In our legal practice we have seen a rise of questions on Force Majeure due to the COVID -19 situation, both from a supplier as from a buyer perspective. Can one simply invoke Force Majeure and discard its contractual obligations?…
