Corporate Litigation

Corporate litigation is the litigation and settlement of disputes within a company. It often regards a dispute between stakeholders, such as shareholders, holders of depositary receipt, directors and supervisory directors.

Our assistance is requested among others in case a resolution cannot be adopted by the management board and/or the shareholders' meeting because the requisite majority of votes cast cannot be received. This may concern a whole range of subjects, such as the sale or purchase of an enterprise or part thereof, the raising of necessary funding, the repurchase of shares, the distribution of dividend, the dismissal of a managing director, the demerger of the company etc. In addition, it also happens that a shareholder or a group of shareholders acts in such a way that the company suffers damages and therefore the other shareholders would want to squeeze them out or want to be bought out.

The law provides various options to put an end to such undesirable situations. In addition to summary proceedings, there is the sell-out and the squeeze-out procedures that can be applied by the civil courts. There is also the possibility of instituting so-called inquiry proceedings before the Netherlands Enterprise Court at the Amsterdam Court of Appeal. Such proceedings are often not instituted to initiate an investigation (inquiry) regarding the company, but merely to use the ample possibilities of have provisional measures ordered by the court. Last, but certainly not least, there is the possibility of business mediation. An significant advantage thereof is that the dispute can be resolved confidentially and no measures are taken that are not acceptable. After all, the settlement that is to be reached through mediation is to be agreed to by all parties involved.

Corporate litigation also entails disputes and proceedings arising from the sale and purchase of a company or when a director, a de facto director or a supervisory director is held personally liable.

Our corporate litigators are highly experienced in handling such cases and can clearly advise on the steps to be taken in order to efficiently bring such disputes to a successful conclusion. It goes without saying that the main priority is to reach an amicable settlement, but if necessary we draw on our extensive litigation experience.

For more information, please contact: Henk Brat, Maarten van Dooren or Ruben Herculeijns.