General Conditions Conway Arbitration B.V.
- Conway Arbitration B.V. (
CA) is a limited liability company organised and existing under Dutch law, its object is to conduct the practice of law.
- All instructions from clients are accepted and carried out solely by CA. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code are hereby expressly excluded. This shall also apply if the instruction by the client shall be explicitly or implicitly be intended to secure the execution of the instruction by a particular person.
- CA shall, as far as reasonable, consult the client before engaging third parties, and shall in any event exercise the necessary due care in its selection of third parties. CA is not liable for any acts and/or omissions of third parties. The client authorises CA to accept any limitations of liability of third parties on its behalf.
- Any and all liability of CA for all acts and/or omissions is limited to the amount paid out, if any, under CA’s professional liability insurance policy in the matter concerned, plus the amount of the deductible stated under the policy conditions in the matter concerned, which shall be the exclusive remedy. In the event and to the extent that no monies are paid out, the liability of CA shall be limited to an amount of EUR 100,000. CA excludes any liability for liquidated damages.
- Without prejudice to the provisions in Article 2, these general conditions do not apply only to CA, but also to all persons involved in carrying out the instruction and/or who have any liability in that connection, including former employees of CA.
- Unless otherwise agreed, professional fees shall be calculated on the basis of the number of hours worked multiplied by the relevant hourly rates established from time to time by CA.
- A percentage of the professional fees shall be charged to cover general office costs (such as postage, phone, fax, photocopying). Costs paid for by CA on behalf of the client shall be charged separately.
- All fee amounts are exclusive of VAT. The services rendered shall in principle be charged to the client on a monthly basis, with payment due within 14 days of the date of the invoice.
- These general conditions apply to every instruction accepted by CA, including any follow-up instructions.
- The legal relationship between the client and CA is governed by Dutch law. Any disputes shall be exclusively decided by arbitration under the arbitration rules of the Netherlands Arbitration Institute in The Hague, the Netherlands.
At Conway Arbitration, we are dedicated to our clients’ satisfaction and are always striving to meet your needs. In the unlikely event that you are dissatisfied with the service provided or an invoice issued to you by Conway Arbitration, we request that you bring the problem to our attention. Before proceeding any further, we ask that you first address your concern to the attorney in question or to Mr. Shawn Conway, who will discuss the matter with you and try to reach a suitable solution for the problem on the basis of our Complaints Procedure (see below). Within one (1) month of receipt of a complaint, our Complaints Officer, Mr. Shawn Conway, will provide both the Complainant and the Relevant Employee with a written, reasoned decision regarding the validity of the complaint and any measures which are to be taken. It goes without saying that complaints will be processed free of charge.
Conway & Partners N.V. Complaints Procedure
Article 1: Definitions
For the purposes of this Complaints Procedure, the following terms shall be defined as follows:
- Complaint: any written expression of dissatisfaction by or on behalf of the client addressed against the attorney or persons working under the attorney’s responsibility regarding the formation or performance of an engagement, the quality of the services or the amount invoiced, other than a complaint within the meaning of section 4 of the Dutch Legal Profession Act (Advocatenwet);
- Complainant: a client or representative of a client making a Complaint;
- Complaints Officer: the attorney responsible for processing the Complaint;
- Relevant Employee: the person to whom the Complaint relates
Article 2: Scope
- This Complaints Procedure applies to all services for which Conway Arbitration N.V. is engaged by the Client.
- Conway Arbitration N.V. shall ensure that Complaints are processed in accordance with this Complaints Procedure.
Article 3: Object
The object of this Complaints Procedure is:
- the establishment of a procedure to constructively deal with client Complaints within a reasonable period of time;
- the establishment of a procedure to identify the causes of client Complaints;
- to maintain and improve existing client relationships through good Complaint management;
- to provide employees with training on how to respond to Complaints in a client-oriented manner;
- to improve the quality of our services using Complaint processing and analysis.
Article 4: Information on the commencement of services
This Complaints Procedure document is publicly available. Before entering into the engagement agreement, the attorney shall advise the client that the firm operates a complaints Procedure and that the Procedure applies to the services being provided.
- The Conway Arbitration N.V. general terms and conditions provide for the binding resolution of disputes by an independent party or body in the event that a Complaint is not resolved by means of the Complaints Procedure. The client was informed of this during confirmation of the engagement.
- Complaints as defined in article 1 of this Complaints Procedure which are dealt with under the Procedure but not resolved shall be submitted to the Rotterdam District Court (Rechtbank Rotterdam).
Article 5: Internal complaints procedure
- Where a client approaches the firm with a Complaint, the Complaint shall be forwarded to Mr. Shawn Conway in his capacity as Complaints Officer.
- The Complaints Officer shall inform the Relevant Employee of the Complaint and give that person an opportunity to respond to the Complaint.
- The Relevant Employee shall attempt to reach a solution with the client, with or without the involvement of the Complaints Officer.
- The Complaints Officer shall finalize the processing of a Complaint within four weeks of receipt of the Complaint or otherwise provide the client with a reasoned notification of adjustment of this deadline, stating the new date by which a decision on the Complaint is to be expected.
- The Complaints Officer shall keep the Relevant Employee informed of the decision, the validity of the Complaint, as well as of any accompanying recommendations and/or measures which are to be taken.
- If the Complaint is settled to the client’s satisfaction, the client, the Complaints Officer and the Relevant Employee shall sign the claim resolution document.
Article 6: Confidentiality and free processing of Complaints
- The Complaints Officer and the Relevant Employee shall observe confidentiality in the context of the processing of Complaints.
- The Complainant will not owe any fees for the processing of a Complaint.
Article 7: Responsibilities
- The Complaints Officer is responsible for the timely processing of Complaints.
- The Relevant Employee shall keep the Complaints Officer informed of any contact or any possible solutions.
- The Complaints Officer shall keep the Complainant informed of the progress of the Complaint process.
- The Complaints Officer shall maintain a Complaint file.
Article 8: Complaints record
- The Complaints Officer shall file a record of the Complaint, noting the subject of the Complaint.
- Complaints may be filed under multiple subjects.
- The Complaints Officer may make recommendations to avoid new Complaints and to improve procedures.
- Complaint reports and the resulting recommendations shall be discussed at the firm on a regular basis and submitted for implementation as resolutions.
Shawn Conway staat geregistreerd in het rechtsgebiedenregister van de Nederlandse orde van advocaten op Algemene praktijk. Op grond van deze registratie is hij verplicht elk kalenderjaar volgens de normen van de Nederlandse orde van advocaten tien opleidingspunten te behalen op ieder geregistreerd hoofdrechtsgebied.
Shawn Conway staat geregistreerd bij de NoVA op algemeen praktijk.
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