CT-BATTEA-GLOBAL-LITIGAT
Battea Global Litigation Research, Inc. believes today was a big milestone win for a large group of international investors supporting a coalition of law firms and the Dutch Stichting Petrobras Compensation Foundation (“SPCF” or “Foundation”) in the Netherlands, in their litigation over losses relating to the Petrobras “Lavo Jato” or “Operation Car Wash” scandal.
The Rotterdam District Court ruled on whether the Foundation representing investors, who purchased securities outside of the United States, has the right to sue Petrobras in Dutch courts.
Petrobras has been fighting investors both in the U.S. and internationally and has sought to drag investors to arbitration in Brazil. However, on January 3, 2018, Petrobras announced that in connection with the losses investors suffered from the “Lavo Jato” bribery scandal, it had agreed to a USD $3 billion settlement with investors who purchased ADRs (American Depository Receipts/American Depository Shares) and USD denominated bonds in the U.S.
The U.S. litigation and settlement left investors that purchased primary shares of Petrobras traded in Brazil and via linked markets in Europe and bonds bought outside the U.S., without any compensation for their investment losses in those securities and subject to Petrobras’ continued claims of innocence and calls for any dispute to be resolved via arbitration in Brazil.
Today, the Dutch court ruled that the Company’s own articles calling for arbitration, did not meet the standard for which Dutch courts determine to be valid ground to deny the investors and the Foundation constitutional access to bring litigation and claims against Petrobras in the Netherlands. It is important to note that Petrobras has multiple subsidiaries, including Petrobras Global Finance B.V., which are headquartered in the Netherlands and the impact of the briberies and other fraud related acts extends to the Netherlands and involves Dutch companies and provides a strong nexus for jurisdiction for international investors to demand litigation and ultimately restitution there.
The ruling is a big step toward investors’ outlook for recovery of some of the billions lost, whether losses incurred in U.S. dollars, Euros, Brazilian Reals (Real) or other currencies. The arbitration requirement has been much touted by Petrobras and reflected in the media. In the opinion of Battea Global Litigation Research, Inc., today’s ruling is definitely a big blow to Petrobras’ arbitration strategy.
Petrobras’ controversial statements of innocence is in stark contrast to its agreement to a USD $3 billion settlement for securities traded in the U.S. alone. Strong and growing skepticism to any meaningful outcome resulting from Petrobras’ calls for arbitration at the Brazilian stock exchange, have prompted institutional investors from around the world to rally for proper objective court litigation and a fair resolution in the Netherlands.
Peter Hansen, Chairman of Battea Global Litigation Research, commented: “We have been following the U.S. Petrobras settlement, as well as the litigation efforts taking place outside of the U.S., very closely. Pricing of Petrobras securities, whether traded in Brazil, the U.S. or elsewhere, are very closely linked in real-time markets. In fact, the Petrobras fraud impacted investors, on a global scale, with the same relative ratio of losses.” Hansen continued, “It would be absurd, if Petrobras was able to get away with paying only holders of U.S. ADR shares and U.S. issued bonds and it would be nothing short of inequitable, to use $3 billion in company funds to make a “special distribution ”, to only a select group of shareholders and investors, and conversely, have the remaining group of international shareholders and investors pay for it!”. Hansen concluded that “the Dutch ruling, restores normalcy in shareholders avenues for recourse and expectation of equal treatment”.
On a more technical level , the Dutch courts today in summary ruled for granting jurisdiction in the Netherlands as follows:
Dutch Defendants
The court accepted jurisdiction in respect of the Dutch defendant PETROBRAS GLOBAL FINANCE B.V., for below allegations:
1. The initiation and maintenance of the large-scale fraud;
2. The unlawful concealment of fraud;
3. The publication of inaccurate, incomplete and/or misleading financial information;
4. The issuance of Petrobras securities (shares and bonds) based on inaccurate, incomplete and/or misleading information;
5. The issue of Petrobras securities during the fraud period (i.e. knowing that the funds obtained would be misused);
6. Consciously inspiring the confidence of investors during the fraud period (i.e. saying that the company was highly transparent, had a proper whistle blower arrangement in place, etc.);
7. Acting in violation of (other) applicable regulations (i.e. breaching various (mainly) Brazilian governance and other legal obligations).
The court also accepted jurisdiction in respect of allegations against the special purpose vehicles PETROBRAS OIL & GAS B.V and PETROBRAS INTERNATIONAL BRASPETRO B.V. for their role in the fraudulent scheme, notably certain specified projects.
Brazilian Defendants
In respect of PETRÓLEO BRASILEIRO S.A. - PETROBRAS (Petrobras Brazil), Gabrielli, Foster and the other Brazilian defendants, the court accepted jurisdiction for below allegations:
1. The unlawful concealment of fraud;
2. The publication of inaccurate, incomplete and/or misleading financial information;
3. The issuance of Petrobras securities (shares and bonds) based on inaccurate, incomplete and/or misleading information;
4. The issue of Petrobras securities during the fraud period (i.e. knowing that the funds obtained would be misused);
5. Consciously inspiring the confidence of investors during the fraud period (i.e. saying that the company was highly transparent, had a proper whistle blower arrangement in place, etc.)
Next Steps in the Dutch Litigation
With the favorable ruling announced on September 19, 2018, the District Court schedule in Rotterdam is as follows:
- October 18, 2018: Petrobras to file a skeleton argument-statement listing the various defenses Petrobras intends to present on both the merits and the standing of the Foundation;
- November 14, 2018: The Foundation can respond to that statement;
- December 18, 2018: A potential case management hearing will take place. Confirmation of the date of when this hearing will be decided by the court after November 14, 2018.
The coalition and Foundation leading the litigation, have significant support from institutional investors from around the world including investors in the U.S., UK, Brazil, Netherlands, France, Germany, Spain, Italy, Nordic countries, South Korea, Japan and others. Individual institutional investor losses range in the millions, tens of millions and in some instances close to 100 million Euros.
International, including U.S. investors, who purchased shares of Petrobras purchased in Brazil on the Brasil Bolsa Balcão S.A. or B3 - Brazil (formerly BM&FBOVESPA) and linked markets in Europe and also bought primarily non U.S. dollar denominated bonds outside the U.S. and believe they were damaged by losses related to the “Lavo Jato” or “Operation Car Wash” scandal, should contact the coalition’s administrator, or the Dutch counsel representing the Foundation. For you convenience, we have included their contact information below.
***********************
CONTACT INFORMATION
INVESTOR PARTICIPANT ADMINISTRATION
For administration
purposes, the Dutch Foundation has appointed International Securities
Associations & Foundations Management Company (ISAF) to coordinate all
administration with investors, including contingency success fee based
funding of all investor litigation cost. www.isafmanagement.com
.
ISAF
Management, Adam Foulke, +1-203-252-3378
afoulke@isafmanagement.com
LEGAL – FOUNDATION COUNSEL
Lemstra Van der Korst N.V., Flip
Wijers, Martijn van Dam & Jurjen Lemstra +31 (20) 2050567
f.wijers@lvdk.com
, m.vandam@lvdk.com
, j.lemstra@lvdk.com
STICHTING PETROBRAS COMPENSATION FOUNDATION
Stichting
Petrobras Compensation Foundation
board@pbcompensation.com
www.pbcompensation.com
BATTEA GLOBAL LITIGATION RESEARCH, INC. (“BGLR”)
Battea
Global Litigation Research, Inc., Peter Hansen, +1-203-987-4949
hansen@battea.com
Battea Global Litigation Research, Inc. is comprised of the world’s foremost corporate research analysts providing research and litigation support relating to business valuation and complex securities litigations. BGLR’s experience in the United States and Internationally, combined with our industry knowledge and expertise in economics, finance and complex business litigation research make us uniquely qualified to assist international investors in evaluating litigation events, coalitions and participation procedures.
View source version on businesswire.com: https://www.businesswire.com/news/home/20180919005868/en/
Contact:
Battea Global Litigation Research, Inc. Peter Hansen, +1-203-987-4949 hansen@battea.com
About Business Wire
Subscribe to releases from Business Wire
Subscribe to all the latest releases from Business Wire by registering your e-mail address below. You can unsubscribe at any time.
Latest releases from Business Wire
Cyviz Awarded Two Classified NATO Defense Contracts19.12.2025 08:00:00 CET | Press release
Norwegian technology and platform company Cyviz AS has been awarded two classified defense contracts by major European NATO-partner nations to deliver a fully mobile, containerised Command & Control (C2) capability, strengthening Europe’s operational readiness in high-threat and expeditionary environments. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20251218625485/en/ Image from a previous military exercise where Cyviz demonstrated a mobile command center solution. The contracts cover the design, integration, and delivery of secure, deployable operations centres engineered to NATO security standards, enabling military and security forces to establish full theatre-class command capability wherever operations require. Due to the sensitive nature of the missions, contract value and customer identities remain undisclosed. From Demonstrated Readiness to Operational Deployment The awards follow growing interest among European def
S3NS Announces SecNumCloud Qualification for PREMI3NS, its Trusted Cloud Offering19.12.2025 07:00:00 CET | Press release
PREMI3NS, S3NS’ (pronounced “sense”) trusted cloud offering, has now received ANSSI’s SecNumCloud qualification, meeting the most stringent protection requirements against extraterritorial laws in France and Europe The fruition of the partnership between Thales and Google Cloud enables organizations from the private and public sectors to innovate and transform with one of the broadest ranges of managed services in a trusted cloud environment Early adopters of S3NS include companies from the insurance, manufacturing, healthcare and finance industries S3NS, a subsidiary of Thales in partnership with Google Cloud, today announced that PREMI3NS, its "Trusted Cloud" (Cloud de confiance) offering, has received the SecNumCloud 3.2 qualification delivered by the French National Agency for the Security of Information Systems (ANSSI). Meeting SecNumCloud 3.2’s protection and resilience requirements, which are known as the most demanding ones in France and Europe, it offers immunity from non-Euro
Meiji Seika Pharma Partners With MBC BioLabs to Strengthen Global Innovation in Drug Discovery19.12.2025 02:00:00 CET | Press release
Meiji Seika Pharma Co., Ltd. (Headquarters: Chuo-ku, Tokyo; President & CEO: Toshiaki Nagasato) today announced that it has entered into a partnership agreement with MBC BioLabs which is a private organization supporting the development of biotech startup companies in California’s San Francisco Bay Area. MBC BioLabs provides fully equipped research facilities and a supportive community that help biotech entrepreneurs accelerate from concept to company. By removing the burden of building and maintaining laboratory infrastructure, resident companies can focus early on research and development while efficiently advancing commercialization. Through this partnership, Meiji Seika Pharma will further advance its open-innovation initiatives and strengthen research and development in its priority therapeutic areas: infectious diseases, hematologic diseases, and immune-inflammatory diseases. By engaging with the entrepreneurs and startup community at MBC BioLabs, the company aims to discover inn
Enry's Island SpA Strengthens Its Leadership in Venture Capital with Explosive Growth and Redesigns the Future of VC Through Gaming19.12.2025 00:34:00 CET | Press release
Announcement of Enry’s Island AdVentures: the world’s first video game to learn how to launch and scale startups, focused on democratizing innovation for “Long Tail Users” Enry’s Island SpA (WBAG:EIOS), the world’s first publicly listed venture builder, announces a new era of growth, innovation, and the democratization of Venture Capital (VC). The company has delivered exceptional results, consolidating its position as an industry leader through a strategic positioning in the rapidly expanding gaming market. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20251218742236/en/ Record Growth and Performance Enry’s Island SpA has demonstrated an extraordinary growth trajectory and a strong financial and operational track record: Revenues: +250% year-over-year (YoY). Exit: $3.6M in exits realized via IPO. Portfolio: 1 IPO of a portfolio company completed in December 2024, with an additional 2 IPOs expected in 2026. The performance of
500 Global Expands Africa Presence; Selected to Advance Digital Morocco 2030 Strategy18.12.2025 21:37:00 CET | Press release
Part of the Digital Morocco 2030 strategy, 500 Global has been selected to support the Startup Venture Building (Startup VB) initiative. 500 Global, one of the world’s most active venture capital firms1, announced it has been selected to support the Ministry-led Startup VB initiative, a flagship program under the Digital Morocco 2030 strategy2. This announcement marks a significant milestone in 500 Global’s continued expansion across the African continent and its work collaborating with governments to strengthen national innovation ecosystems. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20251218363323/en/ Announcement of 500 Global's continued expansion across Africa and support of Digital Morocco 2030 Launched by the Ministry of Digital Transition and Administrative Reform (Ministry) and deployed by TAMWILCOM, the Startup VB initiative is a flagship program under the Digital Morocco 2030 strategy. Startup VB aims to streng
In our pressroom you can read all our latest releases, find our press contacts, images, documents and other relevant information about us.
Visit our pressroom
