Track record

Kelly, Marleen and Lennard concluded a settlement agreement for a foreign client in a long-running dispute about the enforcement of a foreign arbitral award. The settlement agreement will be notarised so it can be enforced without court intervention. Significant sanctions, including penalties, apply in case of non-compliance.

Kelly and Lennard concluded a settlement agreement on behalf of a software company with its client following an earlier judgment. Under that agreement, the client is ordered to perform the contract after all, subject to a penalty payment.

Kelly and Lennard successfully claimed performance of a services agreement for the purchase of software on behalf of their client. The agreement and the general terms and conditions must be interpreted to mean that an interim termination ban had been agreed. The defendant was therefore not permitted to terminate before the end of the initial term and must perform the agreement.

Sander represented the owner of fashion brand SAPPH in a dispute with a (former) licensee. The former licensee had breached the licence agreement and continued to use the brand unlawfully after the client terminated the agreement. In summary proceedings, Sander obtained an order against the former licensee and its directors to cease use of the brand and to refrain from making unlawful statements about who owned the brand.

Xagan represented a company in an inquiry procedure initiated by one of the shareholders concerning the minority shareholder’s right to information and possible conflicts of interest of directors. The Enterprise Chamber dismissed the minority shareholder’s request for an inquiry.

Nienke and Lennard assisted a client who had been asked to provide information to a German claimant. That request was largely denied; only a few anonymised invoices had to be provided.

In summary proceedings about an investment dispute between private investors and an investment fund in managed accounts, the monetary claim of AMS’s clients was allowed. The company was ordered to repay and to provide insight into returns and – conditionally – the director was held personally and jointly liable if the company failed to pay.

In 2024, Clemens represented a client in a dispute with a car dealer about a camper van worth €50,000 that developed defects shortly after purchase. The seller refused to carry out repairs and argued that the buyer was not allowed to engage a third party to perform them. Clemens demanded payment of €11,000 in repair costs and, after the seller rejected the demand, brought proceedings before the subdistrict court. The court ruled in favour of his client: the seller was ordered to pay the full amount, plus extrajudicial collection costs, statutory interest and legal costs.

Lennard and Kelly conducted summary proceedings in February 2025 in a third-party attachment declaration procedure, because several third-party garnishees refused to submit a correct and complete third-party attachment declaration. The preliminary relief judge ordered the garnishees to submit written, accurate, reasoned and documented declarations and to pay to the bailiff any amounts owed under those declarations, subject to a penalty payment.

For a Dutch client, Lennard levied a prejudgment attachment on a seagoing vessel abroad under the Arrest Convention. The vessel was placed in judicial custody so it could not sail away. Under that pressure, the owner of the vessel entered into a settlement agreement.