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A NCC Case on Contract Interpretation from an English and Dutch Law Perspective

This contribution discusses the first instance decision of the Netherlands Commercial Court between Subsea Survey Solutions LLC and South Stream Transport BV from an English and Dutch law perspective. The principal issue before the court concerned the interpretation of Clause 7 of the Settlement Agreement entered into between the parties and in particular whether or not this release and discharge clause provided South Stream with a defence to the claim which had been brought against it. This contribution discusses in a comparative way the principles of English and Dutch law which govern the interpretation of contracts. The conclusion is that the gap between the English and Dutch approach in relation to contract interpretation, although different in form, does not seem to be as broad as believed by many.