Litigation

Litigation in the Netherlands

AMS specialises in Dutch civil litigation and is based in Amsterdam, the Netherlands. Our litigation expertise ranges from corporate law, insolvency and restructuring, real property and intellectual property, and commercial tenancy law to labour and employment law, construction law, and contract law. AMS’s highly experienced litigators both advise and litigate for Dutch and international corporates and private individuals. We are committed to providing our clients with not only excellent service, but also cost-effective fee structures.

Proceedings on the merits in the Netherlands

Standard proceedings or proceedings on the merits (bodemprocedure) are in first instance heard before a Dutch district court. We advise initiating proceedings on the merits when, for example, a counterparty or debtor may dispute the claim on arguable grounds: such as a defence that delivered goods were defective.

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Summary proceedings in The Netherlands

In Dutch, these proceedings are called “kort geding”, which literally means: short proceedings. These proceedings are widespread and frequently used in The Netherlands. Summary proceedings are conducted before the president of the district court that can order almost any (provisional) measure in summary proceedings: payments orders, but also restraining orders, evacuations, cease-and-desist orders, et cetera.

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Corporate litigation in The Netherlands

Corporate litigation concerns all legal disputes involving corporations, their shareholders and any of their corporate bodies, including the management board, supervisory board, the works council and employee representative bodies.

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Evidence in Dutch Civil Proceedings

The Dutch Code of Civil Proceedings provides for, in addition to the basic rules on how court proceedings are conducted, the rules on (civil) evidence. These rules stipulate how evidence is to be assessed, and how evidence by way of hearing witnesses is to be obtained.

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International Jurisdiction

Before initiating legal proceedings in the Netherlands, it first needs to be considered whether the matter can be submitted to a Dutch court and whether that court will assume jurisdiction. The answer to this question depends on Dutch law, EU law, and various international treaties.

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Prejudgment attachment in the Netherlands

Under Dutch law, a creditor may relatively easily attach an asset of its debtor under a pre-judgment attachment or conservatory arrest, even if the creditor is not yet entitled to enforcement. The attached assets – which may be any transferrable asset, such as tangibles, real estate, shares, as well as any claim of the debtor on a third party – act as security for the creditor’s claim.

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Recognition and enforcement of foreign judgments in the Netherlands

The Netherlands is a trading and commerce nation. The Dutch do business all over the world, and therefore also get involved in lawsuits or arbitration abroad. If proceedings abroad result in a judgment, the question is: how to have this judgment recognized and enforced in the Netherlands?

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The Enterprise Chamber in Amsterdam

The Enterprise Chamber is a special division of the Amsterdam Court of Appeal. It has exclusive jurisdiction in a number of corporate proceedings. The most important proceedings conducted before the Enterprise Chamber are corporate inquiry proceedings.

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AMS – Dutch counsel and litigators

AMS, based in Amsterdam, the Netherlands, is conveniently located near Schiphol Airport (10 minutes by car or train). Our team of attorneys provides legal services in the Netherlands for clients around the world and has in-depth advisory and litigating experience acting on behalf of Dutch and international corporates and private individuals. AMS’s expertise includes corporate law, real estate law, commercial tenancy law, employment law, insolvency law, construction law, debt collection and contract law.

For more information please visit our practice areas