It is not uncommon that a shareholder sells their equity interest for a price that afterwards turns out to have been excessively low. In this ruling of the Rotterdam District Court, the Dutch court examined when such an agreement can and cannot be annulled. Corporate law lawyer Martijn Kesler explains.Read more about: Equity interest sold at (in retrospect) an excessively low price. What to do now?
This is the News page of AMS advocaten.
More and more parties in the Netherlands are deciding to settle their disputes through arbitration rather than taking their disputes to court. Procedural Law Lawyer Onno Hennis explains why, and illustrates this by reference to a recent decision of the Court of Rotterdam.Read more about: Enforcement of a Dutch arbitration award is easy!
Recently, AMS Advocaten brought an interim injunction on behalf of a Dutch employer in which they sought a prohibition on the breach of the non-competition clause by two former employees. One of them was employed for an indefinite period, the other for a fixed term. The Dutch court awarded the injunction in spite of the strict requirements in Dutch law for a non-competition clause in temporary contracts. Employment law specialist Lennard Noordzij explains.Read more about: This is how the non-competition clause in a Dutch employment contract works!
Section 247 of Book 2 of the Dutch Civil Code stipulates that there must be a written record of the legal acts between a company and its shareholder. Dutch insolvency law lawyer Hein Hoogendoorn explains the idea behind this legal provision. He also illustrates by way of a judgement what the consequences could be if this Dutch requirement is not fulfilled.Read more about: Proper recording of intercompany transactions
Action against trademark infringement in the Netherlands? Assess your chances of success in a lawsuit!
Recently, a trademark owner in the Netherlands stood up against an (alleged) trademark infringement. The Dutch corporate law lawyer Martijn Kesler explains the test that the court used for this purpose.Read more about: Action against trademark infringement in the Netherlands? Assess your chances of success in a lawsuit!
In the Netherlands, enforcement of an arbitral award requires the permission of the court. A ruling of the Court of Utrecht under the previous arbitration law makes it clear that the court will only refuse permission in very exceptional cases. Arbitration lawyer Onno Hennis explains that there are good reasons for this, on the basis of this judgement.Read more about: Enforcement of arbitral award: permission of the court required!
In the event of an inheritance, it sometimes occurs that a third party – a creditor or other stakeholder, for example – wishes to have a liquidator be appointed. That third party can submit a petition to the court, but this is granted only if certain conditions are met. Attorney Robert van Ewijk explains how this works.Read more about: When can you appoint a liquidator for an estate?
The 22 June 2017 verdict by the European Court of Justice qualifies a pre-pack as the transition of an enterprise in terms of employment law. Because of this decision, the former employees of the childcare organisation Estro – including those employees who were not offered an employment contract – are automatically employed by the party making a new start. Dutch employment law attorney Lennard Noordzij expects this decision to have significant consequences.Read more about: Pre-pack bankruptcy is the transition of an enterprise in terms of employment law