In modern business, legal disputes cannot always wait for extensive proceedings on the merits. A competitor threatening to reveal your trade secrets, a contracting party refusing to deliver, or a publication that could damage your reputation – these are situations where quick action is necessary. The lawyers at Guldemond Advocaten have extensive experience in urgent proceedings and know how to achieve effective results in a short period of time.

The power of summary judgment

Summary judgment is a powerful legal tool that allows for quick judicial intervention. Whereas proceedings on the merits often take months or even years, a preliminary relief judge can rule within days or weeks. This speed makes summary proceedings ideally suited to situations where immediate intervention is necessary to protect your interests.

The scope of application of summary proceedings is broad. From enforcing contractual obligations to stopping unlawful acts, and from freezing a situation to obtaining an advance on a claim – the interim relief judge has far-reaching possibilities to take effective action. In doing so, the court weighs the plaintiff’s urgent interest against the defendant’s interests and looks at the likely outcome in any proceedings on the merits.

Most common situations for summary proceedings

An interlocutory injunction can provide relief in many situations, such as:

• Breach of contract with direct damage, such as delivery halt or payment refusal
• Infringement of intellectual property rights or trade secrets
• Threatening publication of sensitive information
• Unlawful competition by former employees
• Blocking of business-critical systems or access
• Disputes concerning security interests or liens

Strategic use of provisional provisions

Opting for summary judgment is always a strategic decision. Although the procedure is quick, it requires careful preparation and a sound strategy. Our lawyers not only analyse the legal merits of your case, but also consider the practical feasibility of the desired provisions and the possibilities of effective enforcement.

An important aspect is the timing of the procedure. Sometimes it is necessary to sue immediately, in other cases it may be strategically wiser to first send a final summons or try to reach a negotiated settlement. We will advise you on the optimal time and approach for your specific situation.

Different forms of emergency facilities

Regular summary proceedings in the preliminary injunction court are not the only route to a quick remedy. The Enterprise Chamber of the Amsterdam Court of Appeal has far-reaching powers to grant immediate relief in corporate disputes. These can range from suspending directors to temporarily transferring shares or appointing an independent director.

Opportunities for urgent relief also exist in arbitration. Many arbitration institutes have an emergency arbitration procedure, under which an arbitrator can be appointed at very short notice to grant interim measures. In international disputes, we can use European fast-track procedures or seek interim relief from foreign courts.

Examples of possible facilities

The interim relief judge can take various measures:

• Order to fulfil contractual obligations
• Prohibition of unlawful acts
• Order to surrender goods or information
• Advance on compensation
• Suspension of decisions
• Access to company premises or systems

From summons to execution

Effective summary proceedings often start before the summons is issued. A well-argued summons can already change the other party’s mind. If proceedings do become necessary, we will ensure a convincing presentation of your case. The limited time during the hearing requires clear and forceful argumentation that makes the essence of the dispute immediately clear.

After successful summary proceedings, swift execution is often crucial. We ensure immediate service of the judgment and closely monitor compliance. Where necessary, we deploy effective coercive measures, such as penalty payments or even corporal coercion, to enforce compliance.

Expertise in various sectors

Our experience in summary proceedings spans many areas of law and sectors. In corporate law, we act in disputes between shareholders or directors. In IP law, we conduct proceedings on trademark infringement or copyright infringement. In commercial disputes, we enforce delivery obligations or stop unlawful competition. In media law, we act against threatening publications that could cause reputational damage.

Prevention and preparation

While we are experts in conducting summary proceedings, we also advise on how to avoid them. Good contractual arrangements, timely intervention in the event of impending disputes and adequate collection of evidence can often prevent costly litigation. We are happy to think with you about preventive measures that strengthen your legal position.

Contact

In urgent matters, quick contact is essential. Please contact for an immediate assessment of your case.