Netherlands: International Courts & Tribunals

Maxell, Ltd. has initiated infringement proceedings against Samsung Electronics and its European subsidiaries at the Unified Patent Court in The Hague, with Samsung filing counterclaims for revocation. The dispute centers on European Patent EP 2 061 230, involving complex questions of patent validity under Article 56 EPC and procedural rules governing infringement actions and revocation counterclaims.

The Court of Appeal of the Unified Patent Court examines an application for suspensive effect in appeal proceedings involving patent EP 2 791 402. Chinese technology companies Xingi Technology and Jiangsu Jiuzhou challenge a decision from the Local Division in The Hague brought by Avient Protective Materials B.V. The case involves procedural rules governing suspensive effect applications under the UPC Rules of Procedure.

The 2015 Dutch Arbitration Act (the "Dutch Arbitration Act") governs international arbitration in the Netherlands (please find the original in Dutch, as well as an unofficial English translation).

On 17 January 2012, the Converium collective settlements were declared binding by the Amsterdam Court of Appeal. As noted in our Update of 18 November 2010, in an interim ruling the Court had preliminarily assumed jurisdiction over a request to declare two international collective settlements binding in a case in which none of the potentially liable parties and only some of the potential claimants are domiciled in the Netherlands.