The Dutch Supreme Court clarified in a recent ruling whether and, if so, when a legal action against a legal entity that has ceased to exist after liquidation would become time-barred. Also, the interruption doctrine came up for discussion. Mariëlle de Wild, contract law lawyer, discusses the ruling and explains its outcome.Read more about: Does a claim against a company that ceased to exist after liquidation become time-barred?
This is the News page of AMS advocaten.
On the face of it, golf may seem less dangerous than, say, football, but according to Golf Digest, more than 40,000 golfers are brought to A&E with injuries every year. So what is the situationRead more about: Golfer hits player’s head with golf ball: liable or own risk?
It is rare for a foreign arbitral award to be recognised in the Netherlands on the basis of a regulation other than the New York Convention. Recently, however, the Court of The Hague granted an application for the recognition and enforcement of a Tanzanian arbitral award on the basis of a European regulation. Litigation Lawyer Otto Hennis explains the ruling.Read more about: Recognition of a Tanzanian arbitral award in the Netherlands under European regulations
Ruling in summary arbitral proceedings: Skipper must be allowed to return to the helm in the Volvo Ocean Race
Last october, a drama occurred involving Akzo Nobel’s participation in the Volvo Ocean Race. Shortly before the start of the race, Skipper Simeon Tienpont was suddenly dismissed on account of a conflict between his company and Akzo Nobel. He then successfully instituted summary arbitral proceedings in which he demanded to be allowed to return to the helm. Litigation Lawyer Onno Hennis discusses the Ruling, which makes it clear that even in very urgent cases, arbitration can be a valid alternative to the government judicial system (and why that is quite special).Read more about: Ruling in summary arbitral proceedings: Skipper must be allowed to return to the helm in the Volvo Ocean Race
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?
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