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Monday, 12 December 2011

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The Amsterdam Court of Appeals has exclusive jurisdiction in first and final instance.48 Although cassation is possible, it is hardly feasible since all parties must agree to it, while they all requested the legally binding order in the first place. When the Dutch legislator introduced the WCAM for remedying the consequences of the internal (DES) case, no due regard had been paid to transnational cases. The Shell securities case and the later Vedior case illustrate the extraterritorial effects of certain acts.
The Shell case is the first international or transnational mass damage case that has been settled under the WCAM regime. Excluding the US shareholders, the settlement was concluded for the benefit of the worldwide group of Shell’s shareholders, who purchased their shares from 8 April 1999 through 18 March 2004 on many stock exchanges other than the NY SE. One of the issues in a transnational case to be resolved was whether the Court of Appeals had international jurisdiction to declare the settlement binding. As the Shell securities case delivers the authority to rely on whether the WCAM settlement could include non-Dutch residents as well, this case is examined here.

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