Stibbe advises the Heijmans-Europoles consortium

Stibbe has advised the Heijmans-Europoles consortium (HEP) in arbitration proceedings against TenneT concerning the termination of contracts for the design and construction of the Wintrack-II power pylons. TenneT argued that it had lawfully dissolved (ontbonden) the contracts. The Arbitration Board in construction disputes ruled that TenneT was not allowed to dissolve the agreements, thus ruling in favour of the Heijmans-Europoles consortium. The arbitrators found that no default had occurred on the part of the Heijmans-Europoles consortium and that dissolution of the contracts would furthermore be disproportionate. TenneT was ordered to pay the consortium a contractual termination fee.