Interim relief (summary proceedings)

We have extensive experience with handling interim relief proceedings before Dutch courts as well as in arbitration. In many cases obtaining interim relief is key to obtain a strategical advantage or to protect the status quo and to maximise the bargaining in settlement negotiations. We have extensive experience in using interim relief proceedings as a strategic tool. Also we have successfully defended many clients that were confronted with the threat of adverse interim measures and who engaged us to prepare a defence at very short notice. Our ability to distil complex cases to their essence in a short timeframe serves us well in interim relief proceedings.

Recent cases

• We recently successfully represented a client who contacted us after being confronted with a series of executorial attachments ordered by a creditor who alleged a breach of a disclosure order and claimed that penalties in an amount exceeding EUR 1 million had become due. Our client was confronted with blocked bank accounts and third-party garnishing orders. We managed to quickly familiarise ourselves with the facts of the case and successfully argued in summary proceedings that the disclosure order had not been breached and that the creditors’ claims were based on an incorrect interpretation of the disclose order
• For a group of clients that faced a high burden of proof we obtained leave for an evidentiary seizure and in summary proceedings obtained an order for document disclosure. After having obtained further evidence pursuant the disclose order and the evidentiary seizure, the road towards a favourable settlement was paved with our clients being able to avoid extensive proceedings on the merits
• We successfully obtained interim relief in arbitral summary proceedings concerning a purchase agreement for a passenger vessel obtaining an order preventing the owner of the vessel to sell the vessel to a third party during the outcome of the proceedings on the merits