In brief Whilst the Court is, in general, slow to interfere with the internal management of a company, it is empowered to grant the appropriate remedies in certain circumstances including declaratory and injunctive reliefs under the common law and the Companies Ordinance (CO). A recent case has demonstrated that the Court is not hesitant to exercise such power in order to safeguard shareholders’ rights and scrutinize directors’ conduct. In this case, the Court held that…
This article discusses the amendments of the dispute resolution proceedings as included in the Dutch legislative proposal for the “Act on the adjustment of the dispute resolution proceedings and clarification of admissibility requirements for inquiry proceedings”. Introduction Shareholder disputes are, unfortunately, not uncommon in the Netherlands. A solution to deal with these disputes can sometimes be found amicably. If not, Dutch statutory law provides for the more formal measures, such as the so-called inquiry proceedings…