During a hearing a Dutch court may establish agreements between parties upon request in a so-called official report. But for how long can parties bring claims on the basis of agreements reached in this form? Dutch procedural law lawyer Heleen Cabral explains this on the basis of a case.Read more about: Limitation period for an official report; five or twenty years?
This is the News page of AMS advocaten.
A trustee wants to initiate a claim in insolvency proceedings against an Indian company. But is the Dutch court competent to hear this dispute? And what if the dispute does not involve the bankruptcy itself, but a (derived) Paulian action against fraudulent acts in respect of creditors? Who is competent then? These questions were addressed in a recent case involving international insolvency law. Dutch lawyer for insolvency law Hidde Reitsma discusses the ruling.Read more about: International insolvency law: does a Dutch court have jurisdiction?
Since 14 April 2016 the General Data Protection Regulation (AVG) has been adopted in the Netherlands. This means that starting from 25 May 2018 only one privacy law applies throughout the whole EU, instead of different national laws. Dutch lawyer for intellectual property law Manita Hamberg explains the most important changes and indicates what to look out for.Read more about: New General Data Protection Regulation (AVG) in EU
Unfortunately, it often happens that a creditor misses the boat because the debtor keeps their assets in a legal entity. The debtor may be liable, but because the collateral assets are lodged with the legal entity, the creditor is left empty-handed. In the Netherlands, in such a case the creditor may rely on the doctrine of identification. However, the current case-law is that this appeal is accepted only in exceptional circumstances. A recent Dutch ruling by the Supreme Court illustrates this. Dutch contract lawyer Onno Hennis explains the judgement.Read more about: Identification only under exceptional circumstances
As from 1 November 2016, the Netherlands will adopt the legislative proposal for the introduction of a European account preservation order. This new development will facilitate the collection of receivables from abroad. Debt collection lawyer and receiver Heleen Ceelen explains the establishment and working method of the European preservation order.Read more about: European preservation order facilitates attachments abroad
In the Netherlands, court decisions are public: judgments are available (anonymised) to anyone and can be requested from the Court. Moreover, in principle, anyone can attend a session of the Dutch Court, unless the law provides otherwise, but this only happens in exceptional cases. Procedural lawyer Robert van Ewijk explains how it works.Read more about: Court decisions in camera, when is this an option?
Last summer, in proceedings in which the Dutch Court gave judgement, the claimant was ordered to pay a higher than usual reimbursement of the other party’s legal costs. The Dutch Court had done this in connection with the way it had litigated. Dutch Procedural Lawyer Robert van Ewijk explains the judgement.Read more about: Dutch Court sanctioned party to proceedings for multitude of submissions
Participating in foreign property development projects is always a risky type of investment, one which frequently ends up in disputes. Therefore, it is highly desirable to carry out proper due diligence investigations into investment projects. But what should be the scope of such an investigation? A recent procedure concerned a dispute between investors and the investment company about precisely this question. Contract Lawyer Hidde Reitsma explains the Dutch Court’s ruling.Read more about: Due diligence: ensure the scope of the investigation!