Archive for the ‘Engels’ Category

Transport and logistics

Posted on: juli 31st, 2014 by klaassen No Comments

While transporting goods, there are many occasions on which problems may arise with documents or at which the goods being transported could be damaged. Delays are another frequent complication. Klaassen Advocaten has the specialist expertise necessary to advise clients on matters like this and to litigate or arbitrate on their behalf, where necessary. Our clients include:

• Carriers
• Freight forwarders
• Stevedores
• Shipbrokers
• Storage companies
• Container depots
• Cargo owners and interested parties
• Shipping agents
• Insurers

Trade

Posted on: juli 31st, 2014 by klaassen No Comments

Trade always precedes transport. Klaassen Advocaten advises buyers and sellers that are involved in international and national trade. This advice could be necessary when preparing contracts (how has liability been apportioned and how have payment and transport been arranged?). Often, transactions of this nature are linked to documentary credits in the form of letters of credit. Despite the best intentions of parties, it is still possible that disputes may arise about the type of product supplied or about the quality or quantity of the product supplied. For example, commodities such as edible and perishable products, such as oils, nuts or fruit, or products that are unsuitable for consumption, including crude oil and metals.

Shipping

Posted on: juli 31st, 2014 by klaassen No Comments

Our client base includes domestic and foreign ship-owners, involved in both inland navigation and marine navigation. We act for charterers and brokers too.

We also advise various shipyards, installation companies and suppliers that specialise in new builds or repairs and also suppliers, such as designers, outplacement firms and the suppliers of spares and general supplies.

We are regularly instructed to act for clients on cases relating to the attachment or seizure of ships, bunkers and/or cargo, or are asked to advise on a right of retention on a cargo.

The involvement of ships in incidents is part and parcel of the shipping industry. The damage and losses sustained can be substantial.  In this field as in others, we advise parties on the question of who is to blame, on the extent of the damage and/or loss sustained and on the possibility to limit liability.

Employment law

Posted on: juli 31st, 2014 by klaassen No Comments

Klaassen Advocaten advises and litigates on every aspect of employment law. We focus on resolving any problems that arise. If a conflict is imminent, we also help clients to take the action that is necessary at that time. We act both on behalf of employers – who may wish to restructure their companies or dismiss or make redundant one or more employees – and employees – who might find themselves faced with (imminent) dismissal or redundancy. The knowledge we are able to offer our clients is based on our many years of experience in prominent international law firms.

Our areas of expertise are:

  • redundancy and dismissal
  • restructuring
  • the transfer of undertakings
  • up-to-date employment contracts
  • flexible employment relationships (secondment, agency staff and on-call workers)
  • terms and conditions of employment and regulations (internet protocol, etc.)
  • collective labour agreements
  • file management
  • incapacity for work
  • employer’s liability
  • seafarers and crew members for inland navigation
  • directors under the articles of association

Company and corporate law

Posted on: juli 31st, 2014 by klaassen No Comments

Klaassen Advocaten advises business owners and undertakings at every stage in their existence, starting with the acquisition or founding of the undertaking and extending up to and including the sale, liquidation or winding up of the company. The services we provide to clients could include preparing shareholders’ agreements or guiding the acquisition of activities or an entire organisation.

We also represent shareholders, partners and directors in disputes that might arise between them individually or with third parties – such as suppliers, customers and banks.

Insolvency law

Posted on: juli 31st, 2014 by klaassen No Comments

u3_hanjin

Klaassen Advocaten has a long history of experience in insolvency practice, in cases in which its lawyers have acted as receivers for both undertakings and private individuals. Nowadays, we act on behalf of the directors of or shareholders in organisations that have already been declared insolvent or for which insolvency is imminent. Sometimes, this will mean helping clients to apply for their own insolvency, at which time they will also be able to prepare a relaunch, whether or not in the form of a “prepack”. We act on behalf of creditors too. For example, we might petition for the liquidation of a debtor or represent the interests of a creditor if the debtor has been declared insolvent.

Today, we increasingly encounter situations in which receivers are holding directors liable for the debts of a company that has been put into liquidation. We advise directors during the course of events prior to and during liquidation, with the object of keeping personal liability to a minimum wherever possible.

In the event of an insolvency of a major shipping companies as for instance Hanjin whereby liens on cargo and/or containers are exercised we act for cargo interest in order to arrange the release sometimes in conjunction with liquidator and/or receiver.

Litigation and arbitration

Posted on: juli 31st, 2014 by klaassen No Comments

Although we will always do our utmost to ensure that a dispute does not culminate in legal proceedings if at all possible, it will sometimes be necessary to submit a dispute to a court or arbitrators.

For most cases, proceedings will start with the court, unless parties have agreed on arbitration. Our firm has extensive experience of national and international arbitration with arbitration institutions like Tamara, the Court of Arbitration for the Building Industry in the Netherlands (Raad van Arbitrage voor de Bouw), the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut), NOFOTA and FOSFA. We regularly institute proceedings at the sub-district court in cases relating to rent disputes, employment issues and small collection issues.

We are also regularly approached by foreign parties to have court judgments and arbitral awards recognised here in the Netherlands, after which we are instructed to enforce these judgments and awards.

Debt collection, attachments and seizures

Posted on: juli 31st, 2014 by klaassen No Comments

Sooner or later, anyone who is in business will encounter customers that pay late or not at all. When demands and threats are no longer having the effect envisaged, it is time to take a tougher stance and secure a court judgment that can be used to collect the amount outstanding. It is often wise only to initiate proceedings of this type if there is sufficient certainty that the amount outstanding will actually be paid.

That is why proceedings will often be preceded by an attachment or seizure. The ultimate object of an attachment or seizure is to be able to recover the amount outstanding from an asset that belongs to the debtor in question. However, attachment or seizure can also sometimes be used as a means of achieving an out-of-court settlement. Various types of attachment or seizure are possible (including the attachment or seizure of moveable property, such as business assets and stock, attachment by garnishment with third parties such as banks and debtors and attachment for the purpose of surrender). Although courts are imposing ever stricter demands before granting permission, the prejudgment attachment or seizure continues to be a very popular means of recourse.

The seizure of ships is a separate discipline because of the speed of action required, the nature of the object involved and the various international aspects that often play a role. This is a strong specialisation here at Klaassen Advocaten.

Contracts and general terms and conditions

Posted on: juli 31st, 2014 by klaassen No Comments

The basis for trade and transport is determined by the contracts underlying them. Our work regularly involves preparing, checking and advising on contracts and agreements. Examples include purchase contracts, contracts of carriage, charter parties, distribution contracts, agency contracts, shareholders’ agreements, management agreements, building contracts and employment contracts.

The use of general terms and conditions can play an important role in the above, particularly when seeking to limit liability. We regularly advise our clients on which general terms and conditions are the most suitable for them (excellent terms and conditions have often already been prepared by the relevant sector association).