Blasts from the past

Contracting in the Shipbuilding Industry - Delft Technical University

On 20th May 2008 Arnold van Steenderen did a presentation for Delft technical students (Shipbuilding) highlighting the key issues of contracting for a newbuilding or conversion project from a legal perspective.

Center for Maritime Economics and Logistics (Erasmus University Rotterdam)

Arnold van Steenderen lectured at the Center for Maritime Economics and Logistics in January 2008 for a class of international students. The topics included shipbuilding, repair and conversion contracts from a legal perspective.

The Global Superyacht Forum

The global forum dedicated to the future success of the superyacht business was held in Amsterdam from 12-15 November 2007. The conference has hosted 600 delegates from across the globe in a conference that provided debate, discussion and technical innovation. Among the 60 speakers/panellists was Arnold J.van Steenderen as a member of the panel of Legal Experts. Issues that were discussed: What is the position of a tecnical expert who-without having been informed beforehand-is named in a Building Contract as the Binding Advisor for technical disputes during construction? / What does 'reasonable' mean in the context of a Building Contract? / Can a force majeure clause be designed to include non-liability for deliveries of sub-contractors? / What are the grounds for challenging arbitral awards in different jurisdictions? /  Is there a ballpark figure (percentage) for liquidated damages? / Is a cap on the amount of liquidated damages allowed? / What if a latent defect is discovered after delivery? / Recovery of legal fees in arbitration and normal litigation through State courts? / Is there any communis opinio about "North European building standards"?

Forwarderlaw and the Singapore Logistics Association hold successful Conference for the Logistics Industry

Twelve members of the Forwarderlaw network - among which Jasper Groen, partner of Van Steenderen MainportLawyers - presented at the Singapore Conference "Global Solutions for Global Risks" held on 17 and 18 May 2007, interesting topics that are considered to be a 'must' for the world's shippers and forwarders. The topics included Logistics Contracts, Project Contracts, the UNCITRAL Convention, UCP 600, Risk Management, doing business in China and the Middle East considering the Legal Systems in these areas, Developments in the US on NVOCC's and the Voluntary Regulated Agent, and many others. The Conference was concluded with a final session that addressed the current problems in the NVOCC industry. Please feel free to download the Presentation Summary of Jasper Groen on Risk Management for NVOCC's, Multimodal Transportation and the Role of IT (link), or visit www.forwarderlaw.com.

Workshop Holland Marine Equipment (Association of Dutch Marine Suppliers) - May 2006

In May 2006 Holland Marine Equipment, a trade organization for the Dutch maritime industry, organized a workshop on legal aspects of purchase contracts in the maritime field.

Both Arnold van Steenderen and Jasper Groen made well received contributions on various legal aspects surrounding international purchase contracts. For example the basic principles of contract law were dealt with, as the question how to apply general (purchase) conditions. Also a presentation was delivered on some international aspects like the Vienna Convention and the ICC Incoterms.

Both Holland Marine Equipment and Van Steenderen MainportLawyers felt that this workshop demonstrates their valuable co-operation and commitment to the maritime industry.

Van Steenderen MainportLawyers is an Associated Member of Holland Marine Equipment (www.hme.nl).

VNSI (Netherlands' Shipbuilding Industry Association - 23 February 2006

The VNSI represents the interests of the Dutch shipbuilding and shiprepair industry. VNSI advises individual companies, but it is also a platform for suporting its members in education, labour conditions, environmental issues, technical standards and regulations, statistics, research and developement (R&D) and financing.

Arnold J. van Steenderen presented a paper to the members of VNSI i.a. dealing with:

• i. applicability (or not) of standard terms & conditions between commissioning party and the shipyard;
• ii. warranty clauses in the shipbuilding contract and the faulty design issue; and
• iii. the provisions in the Dutch Civil Code on the contract for contracting for work (in Dutch: "aannemingscontract").

These provisions entered into force in the Netherlands on 1st September 2003. The paper was made available to VNSI-members.

Lloyd's List – February 2006

Jasper Groen, one of the founding partners of the newly-formed Rotterdam law firm Van Steenderen MainportLawyers has recently assisted Sempra Energy Europe, a leading commodity trader in successfully obtaining a release order from the Rotterdam Court.

The case concerned a Letter of Guarantee Sempra at first offered to an arresting creditor of 76,000m tonnes of coal stored in the Rotterdam port area.

The Netherlands is generally recognised as a creditors paradise for the quick, low cost and efficient way of effecting an arrest of the assets of an alleged debtor.

Such an arrest can be effected as a pre-trial interim measure, whether the claim on the merits is to be referred to a domestic, foreign court or arbitrators.

The lawyers instructed by the creditor should file an application with the President of the Court territorially competent stating some of the details of the contract or event giving rise to the claim and a rough assessment of quantum.

This application will be heard ex parte by the court, without the need of submitting a Power of Attorney or a security for costs.

As a consequence of this relaxed procedure shipowners but also commodity traders are frequently confronted with an arrest or a garnishee order within the Dutch territory.

In the summer of 2005 Sempra was suddenly confronted with a garnishee order directed against a consignment of 76,000m tonnes of coal loaded on board the bulk carrier Sibonina, which was berthed at the Rotterdam ore and coal terminal, EMO.

The garnishment of Sempra's assets had been applied for by BEC Brennstoff Energy Center, a German coal trader. BEC and Sempra had entered into a contract in June, 2002, whereby Sempra had undertaken to supply BEC with certain quantities of coal of a certain specification.

Disputes between the parties had been referred to a German court and when Sempra successfully obtained a judgment in its favour, BEC appealed to a higher court and this appeal was still pending when BEC placed an arrest on the coal on July 28, 2005, in an effort to obtain security from Sempra for €27m.

Sempra's was keen to facilitate a smooth discharge of the coal and onward transport so put up a security and the coal was released immediately.

The security by way of a Letter of Guarantee from a Dutch bank had been issued by Sempra under protest. This protest was made explicitly to enable Sempra to reclaim the Letter of Guarantee in summary proceedings.

Obviously, commodity trade is a capital intensive activity and traders wish to reduce their credit exposure as much as possible.

Going through normal court proceedings for an indefinite period of time was not a viable option, hence Mr Groen’s instruction to make an approach to the President of the Rotterdam Court to have the Letter of Guarantee released.

The release order was not typical in that it requested the court to declare that in the event BEC would not return the original Letter of Guarantee within seven days of service, the judgment should be considered to include a waiver of all rights by the beneficiary under the relevant Letter of Guarantee.

The new law firm says this alternative request was a creative solution and the Rotterdam Court acknowledged the pragmatic approach. This case is believed to set an important precedent for the maritime and commodities industries.

It shows the Rotterdam court’s approach is a pragmatic one that measures can be taken and critical problems solved immediately, while the legal issues can be solved later, he says.

"As maritime lawyers we are always keen to seek pragmatic solutions. In this case this was not only of interest for the commodity trader but also for the arresting party facing liability in case it was an unlawful arrest. It is sensible and fair,” Mr Groen says.

“It was also thanks to the efforts of terminal operator EMO, which was creative in providing temporary storage in inland barges!," he points out.

Lloyd's List - feature about VSML by Helen Hill

Van Steenderen MainportLawyers is a new independent law firm specialising in legal services for both Dutch and foreign maritime and shipping interests in both contentious and non-contentious matters.

Officially launching on January 1, the firm was founded by Arnold van Steenderen, together with Marieke van den Dool and Jasper Groen, who are all specialists in shipping, transport and maritime insurance law, including both wet and dry shipping work.

Formerly Mr van Steenderen was a partner of NautaDutilh for 23 years. Ms van den Dool and Mr Groen also worked in the maritime department of the same law firm for eight and seven years respectively. They both left NautaDutilh end-January.

Mr van Steenderen says the move to his own firm after his affiliation to NautaDutilh has taken place following proper consultation.

“I have agreed with NautaDutilh that I may take the practice with me for which I bear responsibility as a partner and continue with it.”

Over the past few years, the three had already worked together as a team specialising in maritime and commercial law and they are looking to pursue the same practice in the new firm, together with some more lawyers which will be recruited during 2006.

Although "a new kid on the block", the firm's pedigree shows a long-term commitment to assisting domestic and international business corporations, Mr van Steenderen says.

The “founding fathers” of the firm have had vast experience in advising on commercial law and dispute resolution, particularly in the industry sectors shipping, logistics, aviation, oil and gas, he adds.

“Our strength is in establishing and maintaining close working relationships with our clients to understand their particular businesses and provide practical solutions which bring our clients’ objectives within their reach.

“The firm will not undertake any business if it is not certain that the particular objectives of our clients can be reached, if necessary by outperforming our clients expectations.”

It the firm’s philosophy to explore the full range of options with the aim of achieving a speedy and efficient end to the dispute, looking first at the possibility of a negotiated settlement, then to alternative dispute resolution, the lawyers stress.

Arbitration or litigation is seen only as a last resort.

Van Steenderen Mainport Lawyers also maintains a network of foreign and domestic local lawyers and law firms for issues falling outside the scope of industry-specific issues.

The new firm, located at Westerkade in Rotterdam, aims to be the clients' primary contact for all legal support but later it wishes to provide these services itself.

A 24-hour service is available to respond to emergency situations, such as collisions or arrests.

The client base includes shipowners, liner operators, charterers, ship managers, brokers, P&I Clubs, hull and cargo underwriters, shipyards, terminal operators, agents, freight forwarders, trading houses and financial institutions.

Arresting ways that make Netherlands a low-cost paradise for creditors
Partners on the move as another busy year looms
Former colleagues come together to form new venture
Article on the the new firm published in Lloyd's List on 1 February 2006

Lloyd's List

Partners: Arnold J. van Steenderen \ Marieke G. van den Dool \ Jasper R. Groen

Van Steenderen MainportLawyers
Zeemansstraat 13
3016 CN  ROTTERDAM
P.O. Box 23493
3001 KL  ROTTERDAM
Tel: +31 10 2667866
Fax: +31 10 2667868
info@mainportlawyers.com
website: www.mainportlawyers.com

The Lawyers.com – Grapevine 16 January 2006

Five Nauta Dutilh partners disembark

"More signs that Nauta Dutilh's recent protestations over its loyalty to Rotterdam were a little too much came late last week when another five partners jumped ship.

This is actually one of those rare occasions when that tired old phrase is reasonably accurate: the work generated from the port of Rotterdam is the Dutch giant's main reason for staying in the city.

Still, the argument clearly doesn't hold enough water for arbitration head Bart van Tongeren, employment partners Jennifer Willemsen and Simon Tan and tax partner Roderick Bouwman, who have all bailed.

Even shipping partner Arnold van Steenderen has read his last bill of lading while at Nauta and is off to paddle his own canoe.

Is Nauta Rotterdam about to sink? Managing partner Marc Bloom says no, but then he's hardly likely to say anything else and start a stampede for the lifeboats, is he?"

Orde van de dag – 12 januari 2006

Transfers – by Micha Kat

"Bij Nauta in Rotterdam blijft het onrustig: taxpartner Roderick Bouwman vertrok naar DLA, partner Arnold van Steenderen verliet het kantoor (met twee medewerkers) om zijn eigen firma Van Steenderen MainportLawyers te gaan beginnen en partner Simon Tan (arbeidsrecht) vertrok naar Faasen & Partners. Tan heeft thans een leuke zaak lopen: hij treedt op voor voormalig Washington-correspondent Charles Groenhuijsen die als anchorman-in-spe aan de kant werd gezet door het NOS Journaal."

The Chambers Global Guide, January 2006

Shipping & Transport: "Clients can call upon expert advice on every aspect of shipping, transport and maritime insurance law. Operating from Rotterdam's maritime powerbase, NautaDutilh guarantees clients global support through its international offices and partnerships."

Legal Week

Dutch giant's Rotterdam departures mount up

"Five partners have left NautaDutilh's Rotterdam office as rivals question the future of the Dutch leader's local outpost.

Nauta firm-wide litigation and arbitration chief Bart van Tongeren and employment partner Jennifer Willemsen joined local boutique Schipper Van der Mersch this month.

In addition employment partner Simon Tan is joining Faasen & Partners on 1 February, while shipping partner Arnold van Steenderen has formed his own practice. Tax partner Roderick Bouwman is leaving for the local practice of DLA Piper Rudnick Gray Cary.

The departures leave Nauta with only one employment partner based in Rotterdam, against four in the team June last year, while the firm's local shipping practice is also down to one partner.

The spate of departures follows the announcement in November 2005 that the firm was to downsize the office to focus resources on its more profitable Amsterdam practice.

However, Nauta has continued to deny suggestions that it would entirely withdraw from the local market.

Speaking in the wake of the latest departures, Nauta managing partner Marc Blom said the moves were reached by mutual consent.

He told Legal Week: "We want to have a broad range of products for the clients but they must have interaction and relevance to each other."

However, others in the market questioned the need for the firm to have a Rotterdam office, if the firm is to focus on big ticket transactions. Speaking to Legal Week, one rival partner said: "Nauta now has two offices doing high-end work, which seems unnecessary."

Leading Dutch firms have been trimming down their partnerships and practice areas over the last two years. In March last year, Nauta ditched its private client practice and fellow Dutch giant, De Brauw Blackstone Westbroek, closed its family law practice. De Brauw also took the decision to close down its Rotterdam and The Hague offices by 2008, leaving just the Amsterdam office in the Netherlands."

Author: James Illman
Source: Legal Week
Start date: 13/01/2006 00:00
End date: 19/01/2006 00:00

International Bar Association - September 2000 Conference                      "Liens and Rights of Arrests of Ships in the Netherlands/Piercing or lifting the corporate veil in relation to the arrest of ships" - Presentation by Arnold van Steenderen.

The International Marine Purchasing Association (IMPA) - 1999 Conference

Presentation and paper by Arnold J. van Steenderen on International Sales Law for purchasing departments of caterers, cruising industry operators and shipowners.