As part of our mission, we sponsor academic research and other studies in fields related to human rights, non-discrimination, equal treatment and equal pay, international law and maritime law. We also serve as a claim vehicle for a damages collective action in the Netherlands on behalf of seafarers who resided in the Philippines and Indonesia when working on ships flying the Dutch flag and act as their representative in associated court proceedings, for which we have engaged specialist disputes law firm,
Rubicon Impact & Litigation , based in Amsterdam.
The Foundation is a Dutch legal entity (a foundation, or ‘stichting’ in Dutch) established as a non-profit organization to represent the interests of those affected by unequal treatment and unequal pay on Dutch-flagged ships. The Foundation entered into an funding agreement with funder Guildford Funding LLC, a litigation funder based in Wilmington, Delaware, United States of America, and has engaged the Funder to provide funding to the Foundation for all expenses incurred by or on behalf of the Foundation in connection with the representation of the interests of seafarers residing in the Philippines and Indonesia affected by unequal treatment and unequal pay on Dutch-flagged ships. The funding agreement was concluded in writing and fully executed by all parties thereto. Pursuant to the funding agreement, the Netherlands Arbitration Institute (NAI) has exclusive jurisdiction and Dutch law applies should a dispute arise between the parties. The conditions of the funding agreement were the subject of discussions between the Foundation’s Board and the funder. After these discussions, the Foundation’s board and the funder reached agreement and found the conditions to be in line with the Dutch Claim Code. The funding conditions also do not conflict with the collective interests the Foundation aims to protect on the basis of its articles of incorporation.
In return for the services rendered and the risks and costs assumed by the funder, the funder shall be entitled to reimbursement of all expenses incurred by the funder in relation to the Foundation, including the costs of the lawyers and the funder will receive a fee equal to 20% of the net financial recovery. Net financial recovery means the financial recovery minus the expenses reimbursed or reimbursable to the funder.
The member(s) of the board and the lawyers and service providers of the Foundation are all independent from the Funder. The funding agreement is confidential. The Foundation and the funder have agreed on conditional information-sharing, to the extent relevant for the Funder in view of its rights and obligations under the funding agreement. Under certain conditions and circumstances, and upon request of the relevant court, the Foundation may disclose the funding agreement to the court.
The Foundation is governed by a board of directors.
The board of directors has no direct and/or indirect profit motive.
