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2025年2月10日

The (pre-trial) right of inspection: excludable?

The new law of evidence, which came into force in early 2025, has already been the subject of extensive discussion and debate. One of the most striking changes is the introduction of the pre-trial right of inspection. This allows a party to request data – such as written documents and electronic information – from a counterparty or third party, without court intervention. In principle, the counterparty and third party are obliged to comply. Under former law, a party had the right of inspection only when granted by the court in legal proceedings. An as of yet unanswered question is whether and to what extent the (pre-trial) right of inspection can be excluded. In other words: can parties agree that they are not obliged to comply with a (future) information request?

News

2024年12月19日

WHOA SPECIAL – 3. TEIL

Der Restrukturierungsversuch eines Unternehmens kann durch verschiedene Parteien gefährdet werden. Damit der Schuldner das Unternehmen erfolgreich restrukturieren kann, bietet das WHOA-Gesetz dem Schuldner unterschiedliche Schutzmaßnahmen.

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2024年12月6日

StaRUG proceeding of VARTA AG

Further to our WHOA specials (see the links below), we would like to draw your attention to a recent and interesting StaRUG proceeding in Germany.

VARTA AG, a German manufacturer of lithium-ion batteries operating worldwide, filed a start-of-procedure declaration regarding a StaRUG proceeding with the Stuttgart District Court on 21 July 2024. The company is in a state of financial distress and the restructuring of its debts is necessary to avoid an insolvency proceeding.

News

2024年10月7日

The WHOA is gradually gaining a foothold in insolvency law

Since the Act on the court approval of private restructuring plans (Wet Homologatie Onderhands Akkoord, and hereinafter “WHOA”) entered into force in 2021, the WHOA Pool - a group of specialised judges and staff tasked with implementing the WHOA - has been issuing annual reports. Their main conclusion of the 2023 annual report, published on 18 June 2024, is that the WHOA is gradually gaining a foothold in insolvency law. Read more about the figures and trends related to WHOA in 2023 below.

News

2024年9月24日

HEUSSEN recognized as a 'Recommended Firm 2024' by IFLR1000

HEUSSEN Lawyers and Notaries proudly announces its remarkable achievement in the IFLR1000 2024 rankings. The firm has been awarded a tier 3 ranking in Banking and a tier 5 ranking in M&A, which affirms its status as a go-to firm with regard to both practices. “We are proud of our clients’ recognition for our commitment, knowledge and pragmatic approach that has resulted in these great rankings of our Banking & Finance and M&A practices again this year.”, says Martijn Koot, Partner at HEUSSEN.

News

2024年9月24日

The choice of forum in general terms and conditions in international B2B relationships: key considerations

In international business relationships, parties frequently opt to include a choice of forum clause in their agreements or general terms and conditions. This enables them to designate a specific court, such as a Dutch court, with exclusive jurisdiction to handle any disputes that may arise. Due to the significant implications of such exclusivity, a choice of forum requires an agreement, meaning that they must reach a genuine consensus on the choice of forum. Disputes frequently arise regarding the validity of a choice of forum clause, particularly when such clause is embedded in general terms and conditions. This article provides an overview of the requirements for establishing a valid choice of forum in general terms and conditions and concludes with practical tips for ensuring, as far as possible, the enforceability of such clauses.