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< Back Martje de Vries Lentsch De Brauw Blackstone Westbroek Arbitrator Biography Martje is a partner in De Brauw Blackstone Westbroek's International Arbitration & Litigation practice. She is widely known for her expertise in commercial arbitration and complex cross-border litigation, notably in the field of energy, where she advises clients on critical strategic matters and has represented these companies in a range of arbitrations and court cases. She has 15 years of experience in the oil and gas industry. This includes in-house experience gathered during a secondment to Shell's litigation department in Houston and her role as litigator at the Houston office of Haynes & Boone. Clients value Martje as an accomplished practitioner who can advise on both legal and economic issues in highly complex disputes. She also manages highly political and sensitive disputes and negotiations, managing numerous stakeholders and interests. Martje's expertise also includes disputes related to joint ventures and collaboration agreements, and issues related to recognition and enforcement of foreign judgments and annulment of arbitral awards as well as related attachment proceedings. As a member of the ICC International Court of Arbitration (ICC), Martje actively participates in the Court’s judicial supervision of ICC arbitrations, including the appointment of arbitrators, decisions on challenges against arbitrators, and the scrutiny and approval of ICC arbitral awards. In addition, Martje is an executive board member of the Dutch Arbitration Association and included in the Netherlands Arbitration Institute (NAI) and the Shanghai Arbitration Commission’s (SAC) panels of arbitrators. Martje has been included in GAR's latest edition of its '45 under 45' – a guide to the leading younger practitioners in international arbitration. Martje’s recent work includes advising and representing: an international energy company in various gas price review arbitrations under long-term gas sales agreements under the ICC and UNCITRAL rules in English and German; an international energy company in three ICC arbitrations under New York law arising out of long-term LNG purchase contracts; energy companies in a variety of arbitration and litigation matters related to the accelerated shut-in of and damage claims in relation to the Groningen gas field; a commercial airport in legal proceedings on a large construction project; Shell before the Dutch courts in a case under Nigerian law brought by four Nigerian farmers and environmental organisation Milieudefensie related to oil spills in Nigeria, and the successful mediation between the parties Contact Details Netherlands +31 20 577 1384 martje.devrieslentsch@debrauw.com Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken Dutch, English Specialisation Joint Ventures, Energy, Commercial, Collaboration Agreements, Enforcement and Annulment of Arbitral Awards Bar Admission(s) Credentials CV

< Back Bartholomeus Leijnse Leijnse Artz Arbitrator Biography Bartholomeus P.H. Leijnse (1962) graduated in Dutch law (1988) and in philosophy (1994); practicing lawyer since 1992, at Nauta Dutilh until 2001; founding partner of the boutique firm Leijnse Artz in Rotterdam (2001), focusing on commercial interests in highly regulated markets (food, consumer goods, health care and pharma). Counsel in numerous domestic and international arbitrations under various rules; chair, co-arbitrator, emergency and sole arbitrator in numerous cases in institutional (NAI, ICC, WIPO) and ad hoc arbitrations. Contact Details Netherlands +31 10 2444344 b.leijnse@leijnseartz.com Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken Dutch, English Specialisation Joint Ventures, Corporate Law / M&A, Product Liability, Life Sciences and Healthcare, Shareholder Disputes, International Trade Contracts Bar Admission(s) Credentials CV

< Back < Previous | Next > Beyond the Contract: Insights from the ICC NL Dispute Resolution Forum 2025 7 Oct 2025 At the ICC Dispute Resolution Forum on 7 October, experts explored how culture, trust, and human behaviour shape cross-border business disputes. The discussions revealed that resolving conflicts effectively starts long before the contract is signed. Beyond the Contract: Bridging the Human Gap in Cross-Cultural B2B Disputes “The best dispute-resolution clause is the one you never have to invoke, because you’ve established the trust to resolve the issue beforehand.” What happens when contracts clash with culture? During this year’s ICC Dispute Resolution Forum , hosted by A&O Shearman Netherlands , specialists examined how human behaviour and emotional intelligence are transforming the way global businesses approach conflict resolution. Despite the increasingly complex legal frameworks that govern international trade, the speakers agreed on a fundamental reality: conflicts rarely stem from the contract itself, but rather from the relationships that underpin it. Each year, over USD 80 billion in international B2B contracts are subjected to arbitration, with cross-border disputes growing twice as fast as global trade . Beneath these statistics lies a human narrative — how individuals from different cultures build, sustain, and sometimes lose trust. From Legal Clauses to Human Understanding Throughout the forum, three key themes emerged that continue to shape dispute resolution today. 1. Emotions play a decisive role in business decisions. As highlighted by Gideon Wilkins in his keynote address, culture and emotion influence business decisions long before a dispute arises. Although corporate negotiations may appear rational, factors such as fear, trust, and motivation often dictate outcomes before any legal provision comes into play. 2. A shift toward pragmatic, relationship-based solutions. In a panel discussion moderated by Marnix Leijten (De Brauw Blackstone Westbroek) , Ana Morales Ramos (Aramco Europe) , Thijs Geesink (ABN AMRO Bank N.V.) , and Nathalie Laumans (Technip Energies) explored how companies make real-world choices between arbitration, litigation, and mediation. They compared priorities across sectors: banks value enforceability, legal certainty, and precedents; industrial and energy companies emphasise technical expertise, confidentiality, and preserving long-term relationships. The discussion pointed to a gradual movement toward interest-based, collaborative approaches that allow parties to safeguard commercial relationships while resolving disputes efficiently. 3. Drafting clauses with clarity and foresight. In her session on drafting dispute-resolution clauses , Marieke Schaink (A&O Shearman) cautioned that many disputes originate from ambiguity, over-specificity, or copy-paste clauses that fail to reflect the real dynamics of multiparty contracts. She urged practitioners to: Ensure that the scope of arbitration clauses is broad enough to avoid related disputes ending up in different forums; Choose the seat of arbitration carefully, neutrality and a reliable legal framework prevent surprises on public policy grounds; and Exercise caution when pre-agreeing arbitrator qualifications , as overly narrow criteria can limit the pool of candidates and cause delays. Her key message: a well-drafted clause should serve the business, not constrain it. Innovation, AI, and the Future of Arbitration As the day concluded, Alexander Fessas (Secretary General, ICC Court) and Marieke van Hooijdonk (Vice President, ICC Court and independant arbitrator) reflected on how AI, expedited procedures, and revisions to the ICC Arbitration Rules are modernising the process while safeguarding due process. Their dialogue underscored that innovation and fairness must evolve together . A central message throughout the day was unmistakable: business disputes are not merely legal matters; they are deeply human. Understanding culture, communication, and emotion is vital for preventing and resolving them. Spotlight: The Truth About Cross-Cultural B2B Relationships These themes resonated with ICC’s six-part research series, The Truth About Cross-Cultural B2B Relationships , developed by ICC , Jus Connect , and McCann Worldgroup . Based on insights from 1,701 business leaders across nine countries, the series examines how culture, emotion, and behaviour influence every stage of international business. Part 1: The human Connection 2024-05-icc-jc-mccann-truth-report-part1.pdf B2B purchasing decisions often carry greater emotional weight than consumer choices, as they involve higher personal and professional risks. Success depends not only on clear contracts but also on empathy and curiosity, which help navigate cultural nuances and build trust, turning agreements into lasting, human-centered partnerships. Part 2: The Emotional Rollercoaster 2024-10-icc-template-truth-report-part2.pdf The research outlines the emotional trajectory of B2B collaboration, ranging from initial optimism to the pressures of conflict. A mindset referred to as “FOMU” (Fear of Messing Up) causes organizations to excessively complicate contracts while neglecting the importance of relationships. Part 3: Contracts and Culture 2024-10-truth-report-part3.pdf Different markets perceive contracts in varying ways; some see them as strict obligations, while others regard them as frameworks for collaboration. Misunderstanding these perspectives can quietly lead to disputes. Part 4: Trust, Transparency & Technology icc-2024-12-truth-report-part-4.pdf While technology improves efficiency, it cannot substitute for transparency or emotional intelligence. In hybrid environments, subtle misinterpretations of tone or hierarchy can undermine trust. Part 5: The Future of Collaboration icc-2024-12-truthreport-part5.pdf To effectively prevent disputes, it is essential to foster collaboration among legal, compliance, and commercial teams from the beginning, not just when conflicts emerge. Part 6: One Size Doesn’t Fit All 2025-04-truthreport-part6_V3-one-size-doesnt-fit-all.pdf Cultural diversity transcends geographical boundaries. The research identifies four global archetypes: Strategic Balancer, Pragmatic Realist, Decisive Custodian, and Innovative Explorer. The Netherlands stands out as the Strategic Balancer, characterized by pragmatism, transparency, and directness. Connecting Research and Practice Forum speakers echoed the research findings: disputes often arise from emotional disconnect or cultural misalignment rather than from defective clauses. The “ FOMU ” — Fear of Messing Up — mindset, identified in the research, mirrors real-world contract practices where risk aversion hinders flexibility. Dutch in-house counsel stressed the importance of early involvement of legal and compliance teams and of building bridges between technical, commercial, and legal functions. Ultimately, both the forum and the research highlighted adaptive leadership as a success factor: understanding behavioural archetypes helps teams balance Dutch directness with cross-cultural sensitivity. Practical Takeaways for Dutch In-House Teams Dispute prevention starts long before conflict arises. To reduce friction: Re-humanise your dispute strategy, emotions and culture shape every stage of a deal. Craft dispute clauses as tools for clarity and collaboration, involve leadership early and tailor to the project’s real risks. Align legal, compliance, and commercial functions from the outset. Adapt communication styles to partner archetypes, balancing Dutch directness with global nuance. Use technology wisely: AI supports efficiency, but trust still depends on human insight . Read further 🎧 Podcast: Listen to insights from the forum on Spotify, Apple Podcasts and Amazon Music: Spotify: https://bit.ly/4pdCU8Y Apple Podcasts: https://apple.co/4pui6KH Amazon Music: https://amzn.to/4gbWP3X 📄 White paper series: Dive deeper into the research on cross-cultural B2B relationships via the full six-part series: “The Truth about Cross-Cultural B2B Relationships”

< Back Sophia Elisabeth von Dewall DERAINS & GHARAVI Arbitrator Biography Sophia von Dewall is partner at Derains & Gharavi and has acted in numerous international arbitration proceedings, as well as in legal proceedings before Netherlands state courts. She has handled arbitrations conducted under the arbitration rules of the NAI, CEPINA, ICC, HKIAC and ICSID. Her areas of practice include international investment disputes and international commercial disputes arising out of international contracts, joint-venture and shareholder relationships and large infrastructural projects. She also acts as arbitrator, including in arbitrations administered by the ICC Rules (further information, see firm website). In addition, she is Member of the Executive Board of the Dutch Arbitration Association and Member of the ICC Task Force on Corruption. Sophia is admitted to the Amsterdam Bar and registered in the Paris Bar. She obtained an LL.M. in Public International & European Law (cum laude) and an LL.M. in Dutch Law (cum laude) from the University of Amsterdam. Contact Details Netherlands, France 00 33 (0)1 40 55 51 00 svondewall@derainsgharavi.com Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken Dutch, English, French Specialisation Energy, Construction, Contracts, Distribution, Information and Communication Technologies Bar Admission(s) Credentials CV

< Back < Previous | Next > The Silent Drain on Enterprise: The Economic Impact of Unresolved Commercial Disputes 4 Nov 2025 A new ICC–Oxera report reveals the staggering global cost of unresolved commercial disputes, which drain liquidity, suppress investment, and weaken trust in markets. The study highlights how affordable, digital dispute resolution can unlock growth, especially for SMEs, and strengthen justice as essential economic infrastructure. The Silent Drain on Enterprise: The Economic Impact of Unresolved Commercial Disputes Every day, countless business-to-business transactions end in disagreement, over payments, delivery, quality, or performance. For large companies, such disputes are often an inconvenience. For small and medium-sized enterprises (SMEs), they can be existential. A new Oxera study commissioned by the International Chamber of Commerce (ICC) exposes the staggering economic toll of low-value commercial disputes that remain unresolved, often because the cost of pursuing justice exceeds the value of the claim itself. The result is a hidden but systemic drag on productivity, investment, and growth: a “missing market” for justice that distorts economies worldwide. Globally, SMEs are estimated to write off more than US$1 trillion every year in bad debts and disputed invoices . In many developing economies, the average cost of court proceedings is higher than the claim value, making enforcement economically irrational. The rational choice, repeated millions of times, is to walk away, eroding trust across markets and suppressing the appetite to invest. From Business Losses to Macro-Economic Harm The ICC–Oxera report, published in October 2025, traces how unresolved disputes ripple outward from individual firms to entire economies. At the firm level , unpaid claims drain liquidity, tie up working capital, and consume valuable management time, time that could fuel innovation or new sales. At the market level , the lack of predictable contract enforcement increases uncertainty, discouraging long-term partnerships and limiting participation in global value chains. At the systemic level , these losses accumulate into a macroeconomic brake on growth: weak enforcement reduces investment, tightens credit, and lowers productivity. The impact is particularly severe for SMEs in emerging markets, which account for 95% of firms and over half of employment but face prohibitively high legal costs and lengthy proceedings. In Cambodia, Papua New Guinea, and Timor-Leste, the average cost of enforcing a contract exceeds 100% of the claim value. Globally, the SME financing gap, already estimated at US$5.2 trillion annually , widens further as lenders hesitate to finance firms that cannot reliably enforce contracts. Justice as Economic Infrastructure The message from ICC and Oxera is clear: efficient, accessible dispute resolution is not only a legal necessity, it is an economic imperative. Just as ports, energy grids, and digital networks enable trade, a functioning justice system allows firms to enforce agreements quickly and fairly. Improving access to justice for SMEs unlocks multiple growth dividends: Frees capital locked in unpaid invoices and reduces costly litigation; Strengthens trust between buyers and suppliers; Deepens credit markets by giving lenders confidence that contracts will be honoured; Encourages innovation by reducing risk and promoting fair competition. Accessible dispute resolution is, in short, a form of economic infrastructure , vital for productivity, inclusion, and sustainable growth. A Digital Pathway Forward Digital innovation now offers a once-in-a-generation opportunity to democratise access to justice. Online Dispute Resolution (ODR) platforms, using digital workflows, secure document exchange, and virtual mediation, can resolve many commercial disputes at a fraction of the time and cost of court proceedings. Building on its century-long leadership in commercial standard-setting and access to justice, ICC is developing a global ODR platform designed for micro-, small-, and medium-sized enterprises. By integrating ODR into national legal systems and trade frameworks, governments can create a low-cost, high-trust layer of justice infrastructure, particularly valuable for cross-border transactions and digital trade. For Europe and the Netherlands, home to strong digital trade ecosystems and forward-looking legal institutions, this presents an opportunity to lead by example, making dispute resolution more efficient, inclusive, and future-proof. Read further Full report: The Economic Impact of Unresolved Low-Value Commercial Disputes (ICC & Oxera, 2025) Read the Summary

< Back < Previous | Next > Business takeaways from the first rounds of UN Tax Framework Convention negotiations Luisa Scarcella (Global Policy Lead – Taxation and Trade) 20 Aug 2025 ICC is advocating for predictable, stable global tax rules to support cross-border trade and investment at the first rounds of United Nations Tax Framework Convention talks. Taxpayer rights, rigorous economic analysis, clarity on new instruments and effective dispute prevention and resolution were championed as key priorities for business. What’s the UN Tax Framework Convention and why does it matter for business? The negotiations for a United Nations Framework Convention on International Tax Cooperation could redefine the foundations of international taxation, which naturally carry implications for business. Predictable and economically sound tax rules are essential for cross-border trade and investment. As the institutional representative of businesses worldwide and a Permanent Observer to the United Nations, ICC is engaging throughout this process by advocating for a system that delivers the stability businesses need to drive growth and sustainable development. Who is steering the talks and what’s the roadmap? The Intergovernmental Negotiating Committee (INC) is leading this process. The negotiations build on long-standing advocacy efforts from developing countries and the commitments in the 2015 Addis Ababa Action Agenda, which called for inclusive decision-making in international tax advocacy and to increase the mobilisation of resources towards the 2030 Agenda. In early 2024, an ad hoc UN committee negotiated the Terms of Reference for the process, setting out its scope, objectives and timeline.Crucially, the TOR included the decision of having two early protocols that would be developed in parallel with the Framework Convention itself. Negotiations are scheduled to run from 2025 to 2027, with the final text — including both protocols — expected to be presented to the UN General Assembly by autumn 2027. The Framework Convention will establish broad principles and mechanisms for international tax cooperation, while the protocols will deal specifically with cross-border taxation of services (drawing on provisions from Articles 12A, 12B, and 12AA of UN model conventions) and on tax dispute prevention and resolution. In August 2025, the first two substantive sessions of negotiations took place, following the release of issue notes on the Framework Convention, the two early protocols, as well as a public consultation to which the ICC provided the following submissions: ICC response to issue notes on the Framework Convention ICC response to cross-border taxation of services early protocol ICC response to tax dispute prevention and resolution earlyprotocol Week 1 discussions Week one in New York focused on the initial commitments to be included in the Framework Convention: the fair allocation of taxing rights, dispute prevention and resolution and sustainable development as well as the need for administrative cooperation. Most countries expressed a preference for high-level commitments, while some voiced a preference for first agreeing on the underlying principles. Key design questions still remain, including whether the new system will function as a Multilateral Instrument (akin to the OECD MLI) or more like the recent Fast-Track instrument designed by the UN Tax Committee of Experts. Work continues through member-country only meetings. Week 2 discussions Week two turned to the early protocols. Protocol on Cross-Border Taxation of Services : discussions centered around gross and net basis withholding taxes, nexus rules that do not require physical presence, data needs to verify service provision and dispute resolution. References have also been made to the recently adopted Article 12AA of the UN Model – which substantially change the way cross-border services are taxed, prescribing gross-basis taxation without any physical presence required – as well as Digital Services Taxes and similar measures adopted in some countries such as France, Nigeria and Colombia. Protocol on Tax Dispute Prevention and Resolution : conversations focused on current gaps in mechanisms. Open issues included scope – whether the protocol is limited to Framework Convention related disputes or all cross-border tax disputes – how to resolve cases where no treaty exists and whether to include tax arbitration. ICC advocacy priorities Inclusion of taxpayers rights among the principles of the Framework Convention to ensure tax certainty alongside the right to be heard, the right to fair treatment and the right to confidentiality, among others. Importance of economic analysis to verify that any solutions can truly be effective and not represent a barrier to trade and investment, such as gross-basis withholding taxes Tax policy should foster cross-border trade and investment that creates jobs and sustainable economic growth, not act as a barrier. Clarity over the relationship with current tax treaties and other multilateral solutions. The importance of dispute prevention (through, for example, cooperative compliance and advance pricing agreements) and ensuring that effective and efficient mechanisms are in place when disputes do arise (e.g. binding arbitration). Continuous dialogue between governments and businesses , which can share practical experience and insights. Learn more or help shape the ICC perspective at the UN Tax Framework Convention ICC will be participating in the next negotiation session on 10-21 November 2025 in Nairobi, Kenya. For further information on the negotiations, potential business impacts and how to get involved with the work of the ICC Global Tax Commission, please contact Luisa Scarcella (Global Policy Lead – Taxation and Trade) at Luisa.SCARCELLA@iccwbo.org and Vidusshi Singh (Policy Advisor – Banking and Tax) at Vidusshi.SINGH@iccwbo.org .

< Back < Previous | Next > Sustainability New ICC Policy Brief Calls for Regulatory Reforms to Unlock Climate Finance in Emerging Markets 30 Jun 2025 ICC urges targeted reforms to global banking rules, especially Basel III, to unlock climate finance for emerging markets. The brief proposes near-term fixes and deeper changes to ease capital barriers without risking financial stability. Targeted adjustments to global banking rules could mobilize billions for climate investment without compromising financial stability. The International Chamber of Commerce (ICC) has released a new policy brief outlining how targeted reforms to the global banking regulatory framework could dramatically increase the flow of private capital to climate projects in emerging markets and developing economies (EMDEs). Launched this week alongside the FfD4 conference in Seville, the brief—titled Enhancing Climate Finance in EMDEs through Prudential Regulatory Clarification and Reform—provides concrete recommendations to align prudential rules with climate and development goals. At the heart of the brief is a simple but urgent message: if we want to reach net zero globally, we must unlock more finance for the countries that need it most—and current banking rules are getting in the way. Why this matters Despite representing 25% of global GDP, EMDEs attract only 14% of international climate finance. According to the Independent High-Level Expert Group on Climate Finance, these economies need an additional $450–550 billion per year in external finance by 2030 to stay on track with global climate goals. However, ICC’s global business network reports that banks face major obstacles when trying to finance climate-aligned projects in EMDEs—primarily due to how the Basel III framework treats project finance, credit enhancements, and country risk. These technical rules significantly raise capital requirements for EMDE exposures, even when strong risk mitigants are in place. As a result, banks are either exiting these markets or passing on high risk premiums that cancel out the benefits of concessional finance. What ICC proposes The policy brief sets out a two-step reform agenda: Quick Wins: Technical Clarifications and Adjustments These include: Updating Basel guidance to better reflect how credit guarantees, political risk insurance, and blended finance structures actually work in practice. Recognizing partial guarantees and borrower-level protections (like power purchase agreements and FX hedging) when calculating capital relief. Automatically extending favorable risk treatment to all multilateral development banks (MDBs) with AA- credit ratings or higher. Longer-Term Structural Reforms These include: Revising how project finance is treated across its lifecycle, given evidence of strong performance and high recovery rates in EMDEs. Rethinking the use of country risk ceilings to better differentiate project-level risk from sovereign risk. Exploring a “climate supporting factor” for EMDE investments, similar to how SMEs and infrastructure receive adjusted risk weights in some jurisdictions. A call to action ICC is calling for a structured dialogue under the Baku to Belém Roadmap—bringing together financial regulators, development institutions, and the Basel Committee on Banking Supervision. The aim: implement near-term fixes and build momentum toward broader alignment between prudential rules and climate goals. “Finance is the lifeblood of the climate transition,” said ICC Secretary General John W.H. Denton AO. “If we want private capital to flow to the right places, the rules must work with—not against—climate ambition.” The full policy brief is available here: Download

< Back Professor Dr Niek Peters Legaltree Arbitrator Biography Professor Dr Niek Peters is a partner at Legaltree and professor of international commercial arbitration at the University of Groningen. Niek sits as arbitrator (sole arbitrator, co-arbitrator and chair) in commercial arbitrations, both ad hoc (including UNCITRAL) and institutional (e.g. , ICC, NAI, LCIA, UNUM). He also acts as counsel in commercial arbitrations and court litigation, including setting aside and enforcement proceedings. Niek‘s practice, both as counsel and arbitrator, focuses on the energy sector, the construction sector, the transport sector, the financial services sector and international trade. Many cases concern contractual disputes and damages claims. In this context, Niek also has experience with shareholder disputes, joint venture disputes, post M&A disputes and professional liability claims. Many of Niek’s cases have an international element and are governed by foreign law. Niek is a board member of the Royal Netherlands Association for International Law and the Dutch Arbitration Association. He is also a delegate to the ICC’s International Commission on Arbitration & ADR. During his career he has published many books and articles on arbitration, private international law and liability law. In Legal500 Niek has been recognized as a leading individual in the field of arbitration and he has been in included in Who’s Who Legal for many years. In Who‘s Who Legal he has been described as “a great attorney ”, “a clever practitioner ”, “quick minded and smart ”, “extremely thorough ”, “with a strong knowledge of arbitration law ”, and with “the ability to find practical and effective solutions to difficult issues ”. In Legal500 it was stated that Niek has “a strong legal knowledge ” and “a strong intellect ”, and that he “combines high-level academic knowledge with practical experience ” that “helps to solve the most difficult questions ” in “a low-key, can-do approach ”. "Nothing beats a well-prepared arbitrator" -Niek Peters Contact Details Netherlands +31 20 80 06 367 niek.peters@legaltree.nl Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken Dutch, English Specialisation Commercial, Investment / Public International Law, Joint Ventures, Corporate Law / M&A, Mass Claims Bar Admission(s) Credentials CV

< Back < Previous | Next > Partners ICC NL has a new collaborative partner: Vrije Universiteit Amsterdam Tom Loonen and Jacco Wielhouwer 5 Apr 2025 ICC Netherlands has partnered with Vrije Universiteit Amsterdam to enhance stakeholder engagement and share insights on integrity, compliance, and anti-corruption. The collaboration merges academic research with ICC’s global business network to drive practical, evidence-based solutions. Tom Loonen and Jacco Wielhouwer We are pleased to announce the start of a new collaboration. From now on, ICC NL will be working closely with the Compliance & Integrity Management programme of Vrije Universiteit Amsterdam (VU) to broaden stakeholder engagement and share knowledge on several key subjects. We spoke to Tom Loonen and Jacco Wielhouwer to find out more. Tom is a professor in Financial Law and Integrity at the VU. He is responsible for the educational programmes focusing on Compliance and Integrity Management and Financial Economic Crime. Jacco is a professor at the VU’s School of Business and Economics and the Academic Director of the Executive Master of Compliance and Integrity Management. How did you come into contact with ICC NL? Tom: We knew, of course, about the Week of Integrity that ICC NL organises. The content of this week is very important for the VU, especially in the context of our Executive Master of Compliance and Integrity Management programme. This gave us the idea to work closer together. Jacco: If you look at the goals of ICC NL – they focus a great deal on integrity, fighting corruption, compliance and ESG. These subjects are very close to the goals of our education. Moreover, we regularly carry out scientific research together with companies; this yields results that are both relevant and practical to companies. Can you give some examples of your research at the VU? Jacco: To name just a few subjects... We look at international tax planning: the use of Incoterms by business units to shift costs between countries to influence taxes. Another example is where we look at how illegal or unethical behaviour develops and grows within organisations. This is very relevant in the fight against corruption. A third example is our research on how certain AI tools and processes can lead to discrimination. Why is this research relevant to the business community? Tom: What is interesting for ICC members is what we see very often; this is that regulators issue guidelines on a lot of legal topics. And instead of treating these purely as guidelines, many corporates deal with these more as ‘pseudo laws’ and stop thinking critically and just automatically tick the boxes of the guidelines. I would say our research is relevant for ICC members because it can help them think critically in order to be more effective when it comes to following regulations. Our research and training programmes based on up-to-date academic insights can guide and steer organisations towards good, efficient and effective conduct instead of just ‘ticking the boxes’ How do you see ICC NL and the VU helping each other? Tom: We really differentiate ourselves by taking a scientific approach to our training. To that end, we can give ICC NL access to interesting, relevant and accessible scientific material. And ICC has interesting access for us to the international business community which we would love to be in contact with for research or to welcome in our executive education. We are trying to link these two strong labels to help each other in a positive way. What’s the next step? Jacco: We are going to start pragmatically – seeing where we can help each other. ICC NL is quite small, but it has a big reach. The Netherlands also has a very important position in international trade and taxation. We hope to reach international companies with our programme. And on the other hand, we hope that we can help ICC NL by providing scientific insights to the companies and possibly in their global commissions, whether that’s on tax, integrity or compliance. Want to find out more about the educational programmes for professionals in the area of compliance and integrity management at the Vrije Universiteit Amsterdam? Here are some useful links. • If you are interested in the Executive Master of Compliance and Integrity Management, or specific trainings on Organizational Culture & Behavioural Risk, Enterprise Risk & Compliance Management, Data, Evidence & Compliance, Regulatory Impact & Organizational Response, see Executive Master Compliance & Integrity Management School of Business and Economics for Professionals - Vrije Universiteit Amsterdam. • Sign up for an information session. Onsite on 15 May, online on 20 May. Open Evening - Vrije Universiteit Amsterdam • Information about the training to become a financial economic crime expert: https://vu.nl/en/ education/professionals/courses-programmes/fec-risk-expert/overview • Feel free to contact us - compliance.sbe@vu.nl

< Back Marc Krestin Fieldfisher Arbitrator Biography Marc Krestin is a partner in the Dispute Resolution practice of the European law firm Fieldfisher, based in Amsterdam. Marc has over 16 years' experience as an international disputes lawyer. He acts as counsel in international commercial and investor-state arbitrations as well as in corporate and commercial litigations before Dutch courts, with a focus on energy, construction, infrastructure, technology and post-M&A disputes. Having lived, studied and/or worked in Germany, Switzerland, Austria, France and the Netherlands, Marc is a true European citizen and at ease in different cultural settings and legal systems. He has German citizenship, is qualified as a lawyer (advocaat) in the Netherlands and is fluent and conducts arbitrations in Dutch, German, English and French. Marc has particular experience with complex cross-border disputes in the following sectors: oil & gas (pipelines, refinieries, LNG plants, coal-fired power plants, long-term gas price agreements, production sharing agreements, concessions, decommissioning), renewables (solar, wind, hydrogen), construction, mining, IT/technology, telecom, banking & finance, real estate, retail & consumer products, automotive, aviation, transport & shipping. His geographical aeras of focus include the EU, US, UK, Switzerland, former CIS countries, Northern and Francophone Africa, South Africa, the Middle East and the APAC region and he has conducted arbitrations under the laws of the Netherlands, France, Belgium, Germany, Switzerland, England & Wales, New York, Morocco, Ghana, Côte d'Ivoire, Hong Kong, Singapore, Georgia, Russia and Ukraine. He also represents both claimants and defendants in class action proceedings in relation to environmental damage, consumer protection and competition law infringements. Furthermore, Marc sits as an arbitrator and regularly advises on matters of ESG, public international law, technology/AI and third-party funding. Marc has published extensively in the field of international arbitration, has held numerous speaking engagements, and has guest-lectured on topics of international arbitration and advocacy at universities in Amsterdam and Paris. He has been recommended in Who's Who Legal Arbitration: Future Leaders since 2019 and features in the Legal 500 Arbitration Powerlist: Benelux 2024 . He sits on the Executive Committee of the Rising Arbitrators Initiative (RAI) and is a member of the Dutch Arbitration Association (DAA), the International Arbitration Commission of the Association Internationale des Jeunes Avocats (AIJA) and the ESG Arbitration Subcommittee of the International Bar Association (IBA). Marc is admitted to the Dutch Bar (Amsterdam) since 2008 and registered with the Paris Bar (under Directive 98/5/EC) since 2019. He holds master's degrees in international law and economics from the Erasmus University of Rotterdam and an LLM in Comparative and International Dispute Resolution from Queen Mary University of London. Contact Details Netherlands +31611730195 marc.krestin@fieldfisher.com Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken German, English, Dutch, French Specialisation Construction, Corporate Law / M&A, Finance and Banking, Information and Communication Technologies, Investment / Public International Law, Pharmaceutical, Sales, Sports, Transport, Environment, Agriculture, Distribution, Joint Ventures, Maritime, Real Estate, Renewable Energy, ESG, Retail, Technology/AI, Employment, Energy and Natural Resources Bar Admission(s) Credentials CV

< Back < Previous | Next > Integrity & Culture Speaking up is Golden: The Importance of Integrity for a Safe Reporting Culture in Organizations Kristien Verbraeken, Senior Integrity Advisor, Dutch Whistleblowers Authority 8 May 2025 Organisations are often well-insured against rare events like fires but underestimate the frequent and damaging risks of integrity violations such as fraud or misconduct; investing in a strong integrity culture and internal reporting procedures is essential for early detection and reduced harm. 1. How Well Is Your Organisation Protected Against Risks? Does your organisation have fire insurance? It probably does; sometimes it is even mandatory to insure yourself against certain risks. Fortunately, fires do not occur too often in organisations, and there is a willingness to take safety measures to prevent fires or respond quickly to them. But what does your organisation do to prevent integrity risks such as fraud, theft, data leaks or inappropriate behaviour? Integrity issues occur much more frequently than fires, yet not all organisations actively work on promoting integrity or creating a safe reporting environment to prevent and properly address such risks when they occur. That is why it is very valuable for organisations to invest in integrity and an efficient reporting procedure. 2. The Cost of Integrity Violations Integrity violations can cause a lot of damage to organisations. The ACFE (Association of Certified Fraud Examiners) publishes an annual Report to the Nations on the average damage organisations suffer due to fraud. If the organisation has an internal reporting system, the financial damage can amount to $100,000. Without a proper reporting system, the average damage can easily double. 43% of fraud cases are discovered through a report or tip-off. Most tips or reports come from employees (52%), 21% from customers, and 11% from suppliers. Figure 1, from Report to the Nations 2024, ACFE, p. 24 It is primarily the employees themselves who are the first to notice when something is wrong within the organisation. They report this via a formal reporting channel, such as a hotline (53%), or to someone within the organisation, most often to their direct supervisor (29%), followed by the director or board members (16%), and thirdly to internal audit (14%). Some whistleblowers report through multiple channels. These findings from the ACFE show us that it is very important for organisations that employees can report internally. The sooner incidents are noticed and reported, the sooner they can be addressed and the less damage the organisation will suffer. However, simply having an internal reporting channel and procedure is not enough. More is needed to protect your organisation against integrity violations. 3. Investing in Integrity Pays Off To support employees to report incidents or raise concerns, your organisation must ensure that there are as few barriers as possible and that employees are encouraged to speak up. This starts with building a positive integrity culture. Tony Simons, in his Research on Ethical Management: The High Cost of Low Trust ( 2002), described the positive effects of employees’ trust in the integrity of their managers and, conversely, how damaging it is when that trust is lacking. Ethical leadership leads to more engaged employees, who take fewer sick days, perform better, and speak more positively about their employer. This, in turn, results in higher customer satisfaction and greater profitability. Research by Karin Lasthuizen ( Leading to Integrity: Empirical Research into the Effects of Leadership on Ethics and Integrity , 2008) and Leonie Heres ( Tonen van de Top , 2016) confirms the significant impact of ethical leadership. In the private sector, for example, integrity contributes to the continuity of processes, strengthens trust between business sectors, reduces administrative burdens and enhances corporate reputation. In the public sector , the importance of integrity is often framed in terms of public trust; it contributes to economic growth, legitimacy, social stability, and the quality of public services. In both sectors, an integrity-driven organisational culture boosts employee motivation and engagement. Employees in organisations with a strong integrity culture experience less stress, anxiety, uncertainty, and emotional exhaustion. Moreover, integrity-driven organisations are more attractive to job seekers. Research by the Erasmus Happiness Economics Research Organisation even showed that a government that prioritises integrity and anti-corruption contributes to the well-being of its citizens and, of course, of its own employees. It is therefore fitting that building a culture of integrity and integrity management is receiving increasing attention. However, integrity within organisations does not arise automatically. It requires an integrated and coordinated approach. 4. Integrity Management: A Matter of Culture and Structure Effective integrity management consists of various measures. These contribute to both a culture of integrity and the implementation of appropriate structural safeguards. It is important that these measures reinforce one another and align with the organisation’s culture. An integrity-driven culture reflects the moral values and norms desired by the organisation (and society). These values and norms are expressed through group patterns, collective behaviour, employee attitudes, and shared beliefs. Examples of cultural measures include: values workshops, onboarding and mentoring programs, dilemma training, internal communication, employee satisfaction surveys, and fostering a culture of giving and receiving feedback. To support these, the Dutch Whistleblowers Authority offers various practical tools such as the guidelines: Tips and insights for integrity communication , and Integrity in practice - Towards an ethical culture . Not only does an organisation’s culture influence employee behaviour, organisational structure also plays a key role. Structural measures include, for example, the introduction of procedures and protocols that define how employees should act in certain situations. Just like cultural measures, structural measures guide people’s behaviour. Structural measures may include: laws, codes, and (house) rules; performance standards and reward systems; procedures and protocols; reporting and investigation procedures; physical and digital access rights; allocation of authority; monitoring and enforcement mechanisms. To strengthen structural measures, the Dutch Whistleblowers Authority also provides practical advice in brochures such as The Reporting Procedure and Internal Investigation . In practice, there is a constant interaction between structure (measures) and culture (measures). The structure defines what employees may and may not do in certain situations (according to agreed procedures); the culture ensures that employees actually adhere to these expectations. To help organisations build integrated and coordinated integrity management, the Dutch Whistleblowers Authority developed the Integrity Infrastructure Model (see Figure 2), which consists of seven crucial and interconnected elements. Figure 2: Integrity Infrastructure by the Dutch Whistleblowers Authority The Integrity Infrastructure is also used as a guiding framework for the Integrity Compass ( IntegriteitsWijzer ). This is a free online tool that organisations can use to assess their integrity management and identify the strengths and weaknesses of their approach. After answering 35 questions – covering the seven elements of the Integrity Infrastructure – the organisation receives a customised report with recommendations for further strengthening its integrity management. 5. Successful Reporting The Whistleblowers Protection Act requires organisations with over 50 employees to have an internal reporting procedure. However, simply having a procedure does not guarantee its effective operation. Several conditions contribute to its success. Research by Utrecht University, in collaboration with the Dutch Whistleblowers Authority , provides insight into how interpersonal contacts between those involved play a key role in the successful handling of internal reporting processes. Specifically, organisations must ensure: Social and psychological safety, so that whistleblowers feel safe enough to come forward; A careful and swift procedure, where the involved actors take decisive and visible action; A reporting process that aligns with both written and unwritten agreements, and of course complies with legal requirements; Expert and objective investigators who are also well-intentioned and empathetic, so that the reporter feels seen, heard, and supported; Investment in the knowledge, skills, competencies, and attitudes of the actors involved in the reporting process, such as managers, confidants, investigators, and other integrity actors; A personal approach combined with continuous and timely contact with everyone involved, so they see that active steps are taken and the report is taken seriously; Openness and transparency to ensure it is clear to everyone what information can and cannot be shared and why; Ongoing, up-to-date information about the steps in the process for all involved, so they understand why specific steps are taken and know what the next steps are; Systematic evaluation of reports and reporting processes so that lessons can be learned and the reporting process is continuously improved. 6. In a Nutshell Whistleblowers are crucial for organisations to detect integrity issues and ensure they are addressed promptly. According to ACFE data, employees prefer to report internally. To make this possible, not only is an internal reporting system necessary, but also a positive integrity culture where whistleblowers feel confident that their reports will be handled safely and effectively. At the core lies an integrated and coordinated integrity policy. There are conditions for successful reporting. On one hand, there is a professional, proper, swift, and visible approach that follows established procedures and agreements. On the other hand, there is great attention to transparency and interpersonal contacts between those involved. This strengthens trust that the organisation will handle the report quickly and sincerely. The Dutch Whistleblowers Authority is happy to provide organisations with practical support through various tools and information available on its website .

< Back Marieke van Hooijdonk Independent Arbitrator Arbitrator Biography Marieke is a renowned international arbitration counsel. She handles complex and high-stake disputes across various sectors and jurisdictions, involving joint ventures, mergers and acquisitions, trade, contracts and more. She also represents clients in arbitration related court proceedings. Marieke is recently elected as new Vice-President to the ICC International Court of Arbitration for 2024-2027. In addition, she is a member of the ICC Dutch Nominations Commission and the ICC Commission on Arbitration and ADR. She has served as the Dutch member on the ICC Court in Paris from 2014 until 2021. She often acts as arbitrator, including as chair and emergency arbitrator. Marieke also has a long standing role as deputy judge at the Court of Appeal in Arnhem-Leeuwarden. Marieke regularly speaks and writes on arbitration related issues. Her book "Litigation in the Netherlands" published by Kluwer, is still widely used. Marieke is ranked as Band 1 – Arbitration Counsel (Chambers Europe, Netherlands, 2024-2014), appears in the "Hall of Fame" in Legal 500 and is named Thought Leader in Who's Who Legal Arbitration. Clients praise Marieke for her knowledge, strategy, advocacy and teamwork. Some of her recent testimonials include: “Marieke van Hooijdonk is an absolute force of nature in arbitration in the Netherlands. A fearless advocate for her client and completely on top of the detail. ” “Marieke van Hooijdonk is top-notch and has been the best arbitration lawyer in the industry for many years, if not decades – very strong and confident advocacy, razor sharp and very committed to reaching the client’s goals and needs, creative and persuasive, drawing on extensive arbitration experience and expertise .” (Legal 500 2024 Dispute Resolution). "She is a highly esteemed lawyer for ICC and NAI arbitrations. " (Chambers Global 2024 Dispute Resolution: Arbitration Counsel). “Marieke van Hooijdonk is the grand lady of the Dutch arbitration scene, brilliant sharp mind and excellent analytical and tactical skills. A pleasure to work with. ” (Legal 500 2023 Dispute Resolution). “She is absolutely brilliant. ” (Chambers Global 2023 Dispute Resolution. Contact Details Netherlands +31 20 674 1123 arbitration@mariekevanhooijdonk.com Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken Dutch, English Specialisation Corporate Law / M&A, Investment / Public International Law, Financial Services, Biotech, Pharmaceutical, Technology, Media, Life Sciences and Healthcare Bar Admission(s) Credentials CV