Litigation
Resolving disputes requires more than just legal knowledge. Agorax helps companies, shareholders, directors, investors, claims organisations and (litigation) financiers to chart the right course. We are known for our incisive analyses, well-thought-out strategies and the ability to get to the heart of complex issues. We set ourselves apart through practical advice and a personal commitment to every case.
We handle cases relating to company law, the law of obligations – including contractual disputes – and liability law. Our team has particular expertise and experience in the areas of directors’ liability, shareholder disputes and irregularities in business operations. We also specialise in collective redress, including collective actions under the WAMCA and class actions. In addition, we run a specialist practice at the intersection of sanctions law and litigation. In these matters, we work closely with our sanctions law specialists at Agorax.
We regularly advise on and litigate cross-border matters. We have the experience and international network to provide clients with effective guidance in these areas, both in proceedings before the Dutch courts and in the coordination of disputes spanning multiple jurisdictions.
Every dispute requires a bespoke strategy. We adopt a proactive approach in this regard. Even in the phase leading up to any potential proceedings, we actively contribute ideas regarding risks, opportunities and alternatives. Should litigation prove necessary, you are in safe hands with us.
We have extensive experience in litigation at first instance and on appeal, proceedings before the Enterprise Chamber, interim relief, attachment, requests for access to documents, witness examinations and the actual enforcement of judgements and orders, including the imposition of attachment for enforcement and the conduct of enforcement disputes. We also have extensive experience in the recognition and enforcement of foreign court and arbitral awards.
We therefore provide support throughout the entire process: from strategic advice and litigation to the actual enforcement of rights and the recovery of awarded claims.
We advise and litigate on:
- Directors’ liability
- Shareholder disputes and takeover disputes
- Mass claims, including collective actions (WAMCA) and group actions
- Contractual disputes
- Fraud and irregularities within the company
- Seizure of assets
- Requests for access to documents
- Claims for damages (individual and collective)
- Regulatory disputes
- Cross-border disputes
- Inquiry proceedings and dispute resolution (Enterprise Chamber)
- Advice on structuring mass claims
- Assistance with securing litigation funding (litigation funding)
- Second opinions on feasibility and strategy
A selection of cases in which members of our team have been or are currently involved:
- Revocation and liability proceedings on behalf of the sole shareholder of the Dutch life insurer Conservatrix against De Nederlandsche Bank (DNB) and the State before the civil court and the Enterprise Chamber.
- In a landmark ruling in early 2026, the court found that DNB had committed fraud in the expropriation of the shares in Conservatrix.
- A mass claim on behalf of the Women’s Rights Collective Foundation against, amongst others, Clinical Diagnostics and the State in connection with the data breach at Clinical Diagnostics, in which hackers stole sensitive medical and personal data from approximately 1 million participants in the cervical cancer screening programme. We also assisted the foundation in securing litigation funding.
- Representation of a manufacturer based outside the EU, which was the victim of VAT fraud, in a dispute with a tax representative based in the Netherlands.
- Representing a former foreign director in an international dispute before the civil courts and the Enterprise Chamber concerning a dividend payment relating to the Angolan state-owned oil company, the legal validity of which was subsequently contested by the major shareholder and the company.
- Representing an Austrian director in a dispute concerning the recognition and enforcement in the Netherlands of a US judgment by a Swiss claimant. In 2025, preliminary questions on this matter were referred to the Supreme Court.
- Providing second opinions for a litigation funder on the admissibility of the claim and the viability of two competition law claims against a big tech company.
- Advising the director and minority shareholder of an international perfume company in a shareholders’ dispute concerning the company’s policy and management.
- Acting on behalf of a Dutch private equity fund in a dispute concerning a convertible loan within a group of companies in the international trust sector.
- Advising a joint venture partner on the winding up of the partnership with the other partner.
- Liability proceedings and attachment orders on behalf of a large fund established in the tulip sector, which had suffered losses as a result of the so-called ‘Novacap fraud’.
- Advising the former director and founder in disputes concerning the restructuring of a property fund.
- Representing a notary and partner at a Dutch notary’s office in a shareholders’ dispute concerning the management and policy of the firm.
- Acting in an inquiry procedure before the Enterprise Chamber on behalf of a director and shareholder of a childcare organisation.
- Boardroom adviser to an international department store in financial difficulties.
- Liability proceedings and attachment proceedings on behalf of the property division of an international bank that had suffered losses as a result of the so-called ‘property fraud’ case.