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Blog 211
- Dutch procedural law 1 February 2017 3 min
Limitation period for an official report; five or twenty years?
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…
- Insolvency law in The Netherlands 23 January 2017 3 min
International insolvency law: does a Dutch court have jurisdiction?
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…
- Dutch contract law 10 January 2017 4 min
Identification only under exceptional circumstances
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…
- Litigation 13 December 2016 3 min
Dutch Court sanctioned party to proceedings for multitude of submissions
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…
- Corporate law in The Netherlands 10 December 2016 3 min
Enterprise Division can overrule arbitration
If valid arbitration has been agreed between parties, in principle the ‘normal’ courts have to declare themselves incompetent. However, a recently published ruling shows that this…
- Dutch contract law 7 December 2016 3 min
Due diligence: ensure the scope of the investigation!
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…
- Dutch contract law 29 November 2016 3 min
Who is the client: one-man business or limited company?
…done in person, whereupon a client verbally accepts a contractor’s offer. It is possible that it is not clear who is actually the legal principal. This may cause problems, in…
- Corporate law in The Netherlands 9 November 2016 4 min
Do bank guarantees provide security for underlying legal relationship?
In the Netherlands, bank guarantees are common financing arrangements and are used to obtain (nearly absolute) security for the underlying legal relationship.This security…
- Dutch contract law 18 October 2016 3 min
Suspension of non-competition clause in a franchise agreement
…work elsewhere. However, they are bound to a strict post-contractual non-competition clause. Can the franchisees still evade this clause? Thomas van Vugt, lawyer specialising in…
- Corporate law in The Netherlands 10 October 2016 3 min
Marital attachment of spouse’s shares in BV: is that possible?
Marital attachment is a special type of preservation order that one of the spouses can apply on assets of the (dissolved) common estate. In a recent preliminary injunction between…