Dutch procedural law offers various alternatives for legal proceedings, such as preliminary relief proceedings (also called summary proceedings) or proceedings on the merits, bankruptcy proceedings, liens, attachment measures, inquiry proceedings before the Enterprise Court, a claim before the Netherlands Commercial Court or Arbitration. We advise on effective and efficient choices in strategy and options for proceedings in order to achieve the best possible outcome of a dispute.
Attachment and foreclosure
A creditor can impose an attachment on the assets of a debtor, e.g. a bank account, shares or a house. Such an attachment is easy to achieve in the Netherlands. A court must grant leave for an attachment. The request for leave for an attachment must be submitted by a lawyer. After imposing an attachment, the creditor must institute main proceedings within a short period of time. This can also take the form of preliminary relief proceedings. If the creditor’s claim is upheld in the main proceedings, the prejudgment attachment becomes an executory attachment.
A difference of opinion about profit distributions, the financing or the shareholders’ agreement can lead to a shareholders’ dispute. A dispute between shareholders often has a major impact on the company. This applies in particular when there is a dispute between two shareholders who each own 50% of the shares in the company (deadlock). It is therefore important that the dispute be resolved as quickly as possible. If it is not possible to reach a solution by mutual agreement, a dispute can be settled by the Dutch court. Examples of proceedings in which shareholder disputes are settled are the dispute settlement scheme and inquiry proceedings before the Enterprise Court in Amsterdam.
Company directors are increasingly being held personally liable. On the one hand, this provides opportunities for creditors if things really have been done wrong. On the other hand, directors keep finding new ways of defending themselves against the risks of directors’ liability. The director has internal liability towards the company and external liability towards third parties.
Dutch Litigation specialists
Penrose employs specialised Dutch Litigation lawyers who are pleased to assist you and answer your questions. They can resolve conflicts by negotiating, settling or litigation. The contact details of our lawyers are given here.