Reinier advises national and international companies
reinier.russell@russell.nl +31 20 301 55 55Paul is a highly experienced, creative and tenacious litigator
paul.russell@russell.nl +31 20 301 55 55From June 2019 onwards, there will be a fast-track procedure for commercial matters at the Amsterdam District Court. This procedure is suitable for matters that are not urgent and that do not deal with complicated issues of evidence. However, the parties must agree with conducting such a procedure.
Dutch commercial law has two types of proceedings: interim relief proceedings and proceedings on the merits. Interim relief proceedings are only possible if there is an urgent interest and can only lead to an interim measure, such as permission to operate a shop until judgement has been delivered in proceedings on the merits. Judgements about the existence or change of a legal situation, for instance that a contract is not valid or that someone becomes the owner of building, can only be given in proceedings on the merits.
Parties also often want clarity fast in proceedings on the merits. From June 2019 onwards, this is possible at the commercial law department of the District Court of Amsterdam by means of a fast-track procedure.
The fast-track procedure closely resembles interim relief proceedings. After receiving the summons, the court schedules a hearing at which the parties must appear in person (comparitie). The defendant must submit the defence at least two weeks before the hearing. During the hearing, the judge will try to settle and often also give an indication as to what kind of decision the parties can expect. If the parties are still not able to reach an agreement, the court will in principle give an oral verdict. If this is not possible, a written judgement will be delivered within four weeks.
A fast-track procedure can also be conducted if there is no urgency. However, there are certain conditions involved:
The procedure is particularly suitable for matters that are not too complex but where the parties cannot come to a decision by other means, such as mediation, and have a need for a binding decision by an independent third party.
Would you like to learn more about court proceedings or other forms of dispute resolution, such as arbitration or mediation? Please contact us.
A key advantage of inquiry proceedings is that that these allow the court to quickly make provisions to protect the company. What measures can the Enterprise Chamber take?
A dispute between shareholders can lead to problems within the company. In the case of a 50/50 shareholding, it may even make decision-making impossible and, in the worst case, threaten the survival of the company. How is such a dispute resolved?
The use of general terms and conditions is something companies can no longer do without. Contracting parties refer to their own general terms and conditions in small print, often containing favorable clauses for their own benefit. But what is the power of general terms and conditions? And what should be considered when using them?
The holiday season is approaching, a time of joy and days off for many. However, not everyone finds these holidays equally meaningful.
Wednesday 25 September 2024, Reinier Russell will discuss cybersecurity and data protection in litigation at the European meeting of the World Litigation Forum in Barcelona.
Before the Enterprise Chamber can grant a request for an inquiry, there must be well-founded reasons to doubt the correct policy or course of events within a company. When is this the case?
