AMS Attorneys is the Amsterdam (The Netherlands) based law firm that specializes in litigation. Apart from its advisory services, the lawyers with our law firm are experienced and smart litigators, fully committed to their clients’ interests.
Ordinary proceedings (proceedings on the merits) are in first instance conducted before one of 19 Dutch District Courts. AMS Attorneys advises to start proceedings on the merits when the debtor may dispute the claim on arguable grounds (such as a defence that delivered goods were defective).
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Corporate litigation concerns all legal disputes involving corporations, their shareholders and any other of their bodies (such as the management, supervisory board, and employees or the works council).
Read more on corporate litigation in The Netherlands
The Dutch Code of Civil Proceedings contains, apart from the basic rules on how the proceedings are conducted, also the rules on (civil) evidence (including the rules on how evidence should be assessed, and how evidence by ways of hearing witnesses should be obtained.
Read more on evidence in Dutch Civil Law
Before legal proceedings in The Netherlands are started, it should be considered whether the case can be submitted to any of the Dutch courts (in legal terms: whether the Dutch courts have jurisdiction), or not.
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Under Dutch Law, a creditor may easily attach any asset of his debtor under a so-called prejudgment seizure or conservatory arrest, even he has no title to enforcement yet. The attached assets – which may be any transferrable asset, such as tangibles, real estate, shares, but also any claim of the debtor on a third party – act as security for the creditor’s claim.
Read more on prejudgment attachments in The Netherlands
The Netherlands is a trade nation. The Dutch do business all over the world, and therefore also get involved in lawsuits or arbitrations abroad. If such proceedings result in a judgment, the question is: how to have this judgment recognized and enforced in The Netherlands?
Read more on Recognition and enforcement of foreign judgments 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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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 that are conducted before the Enterprise Chamber are the so-called inquiry proceedings.
Read more on the Enterprise Chamber in Amsterdam
Dutch law firm AMS is situated in Amsterdam, The Netherlands, near Schiphol Airport (10 minutes by car or train). Our attorneys provide legal services for clients throughout the world and have gained a broad experience in advising and litigating. AMS’s lawyers focus on 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.