On 12 February, we hosted our recurring cassation seminar. This year’s edition revolved around the role of international law in the Dutch legal order. Drawing upon the meaningful discussions during the seminar, this article distils three crucial takeaways from current trends in international law, EU consumer protection, and arbitration-related court proceedings in the Netherlands. Whether you are guiding your organisation through geopolitically turbulent times, managing consumer relations, or monitoring dispute resolution mechanisms, these insights, highlighted during the seminar, offer practical guidance to help you stay ahead in a rapidly evolving legal environment.
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1. International law can serve as a compass in geopolitically turbulent times
In his plenary introduction, professor Nico Schrijver discussed the role of international law in the Dutch legal order. The present geopolitical turmoil raises new questions in the field of international law, amongst other things about reciprocity, good faith, and effectiveness of international treaty regimes. At the same time, professor Schrijver suggested that cross-border turbulence may be precisely what international law is designed to address. Consequently, he suggested that international law can still very well serve as a compass to guide one’s actions in these fast-developing times.
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2. EU consumer law remains omnipresent in B2C companies’ interactions with its customers
EU consumer law remains a dominant force shaping the interactions between B2C companies and their customers. Organisations must proactively ensure that all product information and communications comply with legal requirements before reaching consumers. Moreover, when considering whether to settle disputes or proceed to court, businesses need to be mindful of courts' authority to apply EU consumer law independently. Many facets of consumer protection legislation also lend themselves readily to class action litigation, underscoring the importance of robust compliance strategies.
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3. Over the past five years, more proceedings concerning the annulment of arbitral awards were brought to the Dutch Supreme Court
Recent years have seen a notable rise in proceedings concerning the annulment of arbitral awards brought before the Dutch Supreme Court, particularly between 2021 and 2026. This trend may be linked to the changes brought about by the 2015 Dutch Arbitration Act, which shifted the hearing of annulment cases to the Dutch Court of Appeal in the first instance, with appeals going directly to the Supreme Court. Several of these appeals have succeeded, especially in cases where the Court of Appeal had previously annulled the arbitral award.
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Staying informed about key developments in the interplay between international and EU law and the Dutch legal order is essential for navigating today's dynamic legal landscape. Legal professionals and businesses should continually review their practices and remain proactive in adapting to changes. Take action now to ensure your organisation is prepared, contact our expert team to invest in compliance, monitor legal trends and safeguard your interests in an ever-changing world.
