News - Agorax - Boutique law firm in Sanctions, Trade & Litigation

You have JavaScript disabled. Press the button here to refresh the filters when you are happy with your selection.

EU sanctions and claims for damages: can a Russian party claim damages in the event of non-delivery?

A Russian or sanctioned party may seek damages, specific performance or a refund if a European company fails to deliver due to EU sanctions. Article 11 of EU Regulation 833/2014 may offer protection in such a situation. This ‘no-claims’ provision is intended to prevent a party from seeking, through the courts, to derive benefit from […]

Recusal of a judge

A judge may be recused if there are facts or circumstances that could compromise their impartiality. This does not only apply to situations in which the judge is actually biased. Even the appearance of partiality may be sufficient. However, the bar is set high: the fear of bias must be objectively justified. What is recusal? […]

Application for an inquiry to the Netherlands Enterprise Court: what if your equity interest is diluted during the proceedings?

Anyone initiating an inquiry procedure with the Netherlands Enterprise Court must not only meet the statutory capital requirement at the time of filing; that shareholding must also still exist at the time of the oral hearing, as confirmed in a recent ruling by the Netherlands Enterprise Court. If your shareholding is diluted in the meantime, you risk your application […]

EU’s 20th Sanctions Package Against Russia

The Council of the European Union has now adopted its 20th sanctions package against Russia, continuing the EU’s steady shift from economic restrictions to more targeted tools aimed at anti-circumvention and legal protection for EU operators. As with earlier packages, the stated objective is twofold: to increase pressure on revenue critical and war supporting sectors, […]

Conflicts of interest among directors: when is a director prohibited from taking part in decision-making?

A director of a private limited company or foundation may not take part in decision-making if he or she has a personal interest that conflicts with the interests of the company. That sounds straightforward, but in practice the question of when exactly such a conflict of interest arises, regularly gives rise to debate. This sometimes […]

EU sanctions against Russia and advance payments: what about reimbursement if delivery is no longer permitted?

Has your company received an advance payment, but are you no longer permitted to deliver due to EU sanctions? In that case, a refund is not automatically guaranteed. A recent opinion by the Advocate General of the Court of Justice in the Reibel case makes it clear that a Russian counterparty may not be able to reclaim an advance […]