Sjoerd graduated from Leiden University with a Masters’ in Civil Law and Business Law. He also studied French law for some time at the University of Poitiers in France. Following his studies, Sjoerd worked as a lecturer and researcher at the Corporate Law Department of Leiden University. Alongside his work as a lawyer, Sjoerd is active as a supervisor of Master’s theses in the field of Business Law at the University of Amsterdam.
Sjoerd focuses on advising and litigating in commercial and corporate law disputes at AMS Advocaten. He deals both with cases within the legal entity (such as deadlocks in general shareholders’ meetings and directors’ liability) and disputes with external parties (such as former business and investment partners, suppliers and customers). Sjoerd represents both national and international clients in legal proceedings, at first instance and on appeal, both in preliminary relief proceedings and in legal matters.
Alongside his litigation practice, Sjoerd advises on contract law and is regularly involved in advising on and drafting (inter alia) shareholder agreements and documentation for share transactions.
Recent track record
In July 2022, Sjoerd successfully represented a hotel and catering business owner who claimed distribution from the general partnership of which he was a member. After the general partnership was terminated with immediate effect by his co-partners, they continued the general partnership without the hotel and catering business owner, as a result of which the latter believed he had a claim by virtue of his being underpaid. The Rotterdam District Court followed Sjoerd’s advocated distribution method, and in its interim judgement, appointed an expert to determine the value of the general partner’s business, after which the court ordered the co-partners to pay Sjoerd’s client his share.
In June 2022, Sjoerd successfully represented a foreign agent in proceedings against a large Dutch company regarding the termination of an agency agreement. The Noord-Holland District Court ruled that the principal had terminated the contract unlawfully and ordered the principal to pay outstanding commission and damages amounting to around €400,000. The court also obliged the principal, on pain of a penalty payment, to provide a statement of the commission it owes for the six months following termination of the contract.
In May 2022, Sjoerd successfully represented a foreign company in proceedings whereby repayment of a money loan was claimed. The loan was disputed by the borrower, who held the position that it was a share premium payment, or at least that the loan was void or voidable. The Noord-Holland District Court ruled that there was indeed a monetary loan that was not voidable or voidable, and granted the full amount claimed of approximately €800,000.
In January 2022 Sjoerd successfully assisted an enterprise and two of its directors who were sued for payment of a financial penalty of more than € 1.1 million. This case before the Noord-Nederland District Court, location Haarlem, concerned discontinued negotiations. The Court ruled in favour of Sjoerd’s clients and held that the enterprise and its directors were free to discontinue the negotiations without any liability for compensation.
In October 2021, Sjoerd successfully represented a company that claimed in summary proceedings before the Midden-Nederland District Court for the surrender of company properties stolen by a former director of the company. The court ruled that the director had to hand over these company properties within 24 hours of the verdict, on penalty of a fine.
In November 2020, Sjoerd represented a client who was challenging the enforcement of his residential property pursuant to a notarial deed from 1992 before the Oost-Brabant District Court. In these enforcement proceedings, Sjoerd argued successfully that the claim set out in the notarial deed had become time-barred, as a result of which the Oost-Brabant District Court ruled that enforcement of the notarial deed was suspended.
In March 2020, Sjoerd successfully represented a shareholder in a shareholder dispute in short proceedings at the Amsterdam District Court. The shareholder received 50% of his shares back, his salary continued to be paid and the dismissal decision was suspended.