In recent years, Blenheim Advocaten has grown into a major player in the field of corporate litigation. Our corporate litigation attorneys have been involved in nearly 10% of the total number of inquiry procedure (enquête procedure) requests which were filed in 2019.
Our corporate litigation practice mainly involves assisting clients with the resolution of complex corporate law issues. These issues often include far-reaching differences of opinion amongst the directors of a company, differences between the directors and members of a supervisory board, or differences between directors of a company and its shareholders. All these disputes fall within the dedicated jurisdiction of the Enterprise Chamber (Ondernemingskamer) in Amsterdam, for which Blenheim has built up a specialised corporate litigation practice.
The Enterprise Chamber is responsible for dealing with disputes involving specific aspects of corporate law, most commonly administered by the inquiry procedure. At the behest of shareholders, directors or supervisory directors, the Enterprise Chamber is able to investigate the internal policies and workings of a company. After investigation, it is often concluded that there has been an element of mismanagement. The Enterprise Chamber is therefore able to take emergency intervention measures measures to address this mismanagement. These special juristic powers are often the reason why parties seek this form of recourse. Certain measures, however, can be imposed prior to the investigation. These include:
Naturally, our first priority is to try to reach an amicable settlement to serve the best interests of the company. Importantly, the company's interest and not the interest of one of the other parties, is the Enterprise Chamber’s main concern.
Blenheim is frequently approached by parties in a shareholder or director deadlock, which can only be resolved by a higher authority. In that case, you need a lawyer who has experience conducting proceedings before the Enterprise Chamber and knows what kind of outcome can be gained. Litigating before the Enterprise Chamber is a specialisation mainly acquired through frequent, practical experience in court. The lawyers at Blenheim Advocaten have this experience and possess a great deal of knowledge allowing us to bring your case to a successful resolution. In recent years, Blenheim Advocaten has played an increasingly prominent role in the field of Enterprise Chamber cases and is now, either directly or indirectly, involved in almost 10% of all inquiry proceedings.
The Enterprise Chamber has the ability to hear the following cases:
Blenheim’s extensive corporate litigation experience allows us to initiate inquiry proceedings at reasonable prices and accurately estimate the cost of litigation. At Blenheim, inquiry procedures, drafting petitions and any other Enterprise Chamber proceedings are the order of the day.
If you have any questions regarding the above, please contact Jeroen Latour at firstname.lastname@example.org or call directly at +31 20 521 0100.
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