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Blog 211
- Dutch construction law 26 April 2021 3 min
Substantiation of bad weather days when exceeding the construction period
A contracting agreement regularly stipulates the period within which the contractor must deliver a home to be built. This construction period can be expressed in ‘workable days’.…
- Insolvency law in The Netherlands 28 January 2021 7 min
First rulings based on the Court Confirmation of Extrajudicial Restructuring Plans Act (Wet Homologatie Onderhands Akkoord or WHOA)
The Wet Homologatie Onderhands Akkoord (WHOA) came into effect on 1 January 2021. The WHOA aims to reorganise companies in financial difficulties outside bankruptcy by obliging…
- Corporate law in The Netherlands 8 July 2020 4 min
Court enforces a share transfer against the seller’s will
A recent decision of the Amsterdam Court of Appeal shows that the Dutch Court does not recoil from effecting a transfer of shares in summary proceedings. This will be useful for…
- Dutch procedural law 6 May 2020 4 min
Litigating at the Netherlands Commercial Court: when is a choice of forum clause valid?
Recently, the Netherlands Commercial Court (a court that is part of the Amsterdam District Court) gave judgment in an interesting motion contesting jurisdiction. A case that was…
- Corporate law in The Netherlands 1 May 2020 5 min
Important points of attention for groups (in difficult times)
Group financing has many advantages. Large enterprises that are organised within a group of companies have the possibility to obtain more external financing. However, especially in…
- Dutch procedural law 30 October 2019 5 min
Assignment and arbitration: what are the implications of transfer for the arbitration clause?
Nowadays, parties are increasingly choosing to have their disputes settled by means of arbitration. An arbitration agreement results in, among other things, a lack of jurisdiction…
- Insolvency law in The Netherlands 24 September 2019 5 min
The “WHOA” – a forced scheme of arrangements under Dutch law – is coming soon!
Last summer the Court Approval of Private Composition Bill (“Wetsvoorstel Homologatie Onderhands Akkoord”, in short WHOA,) was submitted to the Second Chamber. The WHOA envisages…
- Dutch procedural law 1 August 2019 4 min
Dutch court stays the enforcement of an arbitration award of USD 622 million against Petrobras
Vantage’s request for permission for the enforcement of an arbitration award requiring Petrobas to pay USD 622 million plus interest, has been stayed by the Dutch court until…
- Corporate law in The Netherlands 12 June 2019 5 min
Is a director in the Netherlands liable for the unpaid bills of a liquidated private company?
A webshop ordered a large batch of goods from its supplier, even though it was fairly obvious at the time that the company would not be able to pay for the order. Is the director…
- Dutch procedural law 1 May 2019 6 min
How are substantive proceedings conducted with the Civil-Law Sector of a District Court in the Netherlands?
No legal proceedings are ever the same. Interlocutory proceedings, for example, are different than substantive proceedings, while substantive proceedings dealt with by the…