Amended Dispute Resolution from 1 January 2025

Purpose of the Wagevoe

The purpose of the Wagevoe is to facilitate the resolution of disputes within companies and to increase legal certainty. The Act introduces changes to the Dispute Resolution Procedure and the Inquiry Procedure, two legal instruments that are often used in internal company disputes.

Changes to the dispute resolution procedure

The Dispute Resolution Procedure is designed to resolve conflicts between shareholders, for example by enforcing the withdrawal of a shareholder. The Wagevoe introduces a number of important changes:

1. Petition procedure: The main change to the dispute resolution system is that all proceedings start with a petition (instead of a summons).
2. Broadening: the grounds on which and to whom the various components of the dispute resolution procedure can be assigned have been broadened and the capacity requirement of (conduct as) a shareholder for exit and expulsion has been dropped.
3. More efficient procedures: Proceedings are to be conducted before the Enterprise Chamber (instead of the District Court), so that there is no longer any possibility of appeal against a decision, but only cassation, which should significantly reduce the processing time.
4. Depositary receipt holders: Depositary receipt holders, who are in a similar position to shareholders, can now also initiate dispute resolution proceedings.

What does this mean for you?

The Wagevoe is an important step towards more efficient and transparent dispute resolution within companies. Whether you are facing a dispute or a possible investigation, it is advisable to seek legal advice in good time.

At Delissen Martens we have extensive experience in dispute resolution and investigation proceedings. Do you have any questions? Please do not hesitate to contact us. We will be happy to assist you.