Our corporate litigation team specialises in the handling and resolution of (complex) disputes both within and concerning a business. This may include shareholder disputes, decision deadlock, takeover disputes, investor conflict, forced share redemption/shareholder removal procedures and liability of directors, supervisory directors and shareholders.
Our lawyers are highly experienced in appearing before both the Enterprise Chamber of Commerce (the Amsterdam Court of Appeal special chamber for exclusive jurisdiction in corporate proceedings) and the civil courts. Furthermore, they possess extensive knowledge of summary proceedings and seizures, international disputes and IPR (International private law).
Advised Van Dijk Beheer on a minority participation in Van Dijk Banket by O2 Capital.
Acting for one of our clients as claimant in arbitration proceedings before a NAI Tribunal, in respect of various claims under a shareholders agreement, amongst others founded on change of control clauses and non-compete arrangements.
Successfully represented a wholesale international trade pharmaceutical products company as plaintiff in summary proceedings before the Appeal Court of Leeuwarden. The first instance decision was overruled by the Appeal Court on the basis that the executive bailiff had not acted within the boundaries of the interim judge’s leave and that the first instance interim judge had wrongly granted access to the seized information. Consequently, the Appeal Court ordered the defendants in appeal not to use any of its falsely gained information. The decision was published: ECLI:NL:GHARL:2019:293
Acted for one of the founders of a hotel group in a dispute with an investor on the enforcement of multi-million security rights in relation to the Benelux easyHotels in inquiry proceedings before the Enterprise Chamber.
Acted for Rabobank on the collection of a receivable, pledged in its favour. In court proceedings in respect of the collection of the receivable, an objection to jurisdiction of the District Court of Amsterdam was filed on the basis that a pledgee should not be allowed to rely on a choice of forum in the underlying agreement between the pledgor and its counterparty. On behalf of Rabobank, we successfully opposed the objection both in the first instance and on appeal.
Acted for the former directors of a natural resources conglomerate, headquartered in The Netherlands, as defence counsel in directors’ liability litigation.
Acted for BB Capital, a Dutch private equity firm, in its dispute with a trustee over the bankruptcy of De Combi Group. Proceedings before the Rotterdam court after submission of several procedural injunctions.
Acted as legal counsel for a Japanese listed company (net sales of approx. €1.9 billion) in order to avoid the requested reopening of the liquidation process of one of its Dutch subsidiaries.
Acted for one of the founding shareholders of a sport clothing brand in order to protect its minority stake.
Acted for an Israeli financial institution on the refinancing of a credit facility in The Netherlands.