Viotta Law - Martijn Kesler

Martijn graduated from the University of Maastricht (LLB), the University of Amsterdam (LLM) and JiaoTong University in Shanghai where he specialized in Chinese Corporate Law and Chinese Business Law.

Martijn started his career working for Philips Consumer Lifestyle as legal counsel. He started practicing law at an Amsterdam based firm and was admitted to the Dutch bar in 2014. On April 1, 2020, Martijn joined VIOTTA Advocaten. He specializes in litigation cases, in particular corporate litigation and the enforcement of claims, judgments and arbitral awards.

Expertise

Specialized in corporate law and commercial litigation. Experienced in Dutch corporate law, advising on corporate law issues and corporate law disputes and advising start-up companies. Martijn has gained experience in mergers and acquisitions, the commercial law practice and corporate litigation such as shareholder disputes, insolvency matters and directors’ liability claims.

Martijn Kesler.

Recent cases.

Martijn Kesler.

Articles.

06 / 04 2022

Stefan de Vrij versus Sports Entertainment Group (SEG)

Much has already been written in the media about the procedure that Stefan de Vrij initiated against Sports Entertainment Group (SEG). Today, the Amsterdam court ruled that Sports Entertainment Group is liable for damages to Stefan de Vrij for enriching themselves without honoring their full disclosure obligation to Stefan de Vrij. Corporate law attorney Martijn Kesler explains the verdict.

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19 / 01 2022

Shareholder Engie intervenes in its subsidiary EV-Box

Things aren’t going well at EV-Box. While EV-Box recently had to cancel an IPO, Engie, as a major shareholder, also intervened in the management and supervisory board at subsidiary EV-Box.

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15 / 12 2021

Selective payments: when do they lead to directors’ liability

This basic principle changes if the company runs into liquidity problems. In that instance, directors must be careful.

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15 / 12 2021

Intention of the parties is decisive when interpreting the provision in shareholders’ agreement

A payment schedule was also attached to the shareholders' agreement, according to which a shareholder loan provided by X was repaid. Deviation from the repayment schedule required approval from X.

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08 / 12 2021

Franchisors beware: this is the way to avoid proceedings

The obligations that a franchisee and a franchisor have towards each other may differ in form.

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19 / 11 2021

This is why the preliminary relief judge might ignore an arbitration agreement

Notwithstanding an (international) arbitration clause agreed between the parties, the preliminary relief judge may consider itself competent to take cognizance of the dispute. This is very remarkable given that the parties have excluded this possibility by arbitration agreement. On the basis of a recent decision of the Amsterdam District Court, procedural lawyer Martijn Kesler explains how this works.

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03 / 11 2021

The (pre)contractual phase: there is or is not a way back

Buying or selling an interest in a company is exciting for both the buyer and the seller. This is usually preceded by an intensive process with different phases.

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03 / 11 2021

This is the way to collect a claim of EUR 500,000 via proceedings in the Netherlands

In a collection summary judgment, William House XVIII B.V. demands an amount of EUR 500,000 from one of Van Omme & De Groot Participatiemaatschappij B.V. This recent ruling is remarkable, because a monetary claim in summary judgment is not often awarded. Lawyer procedural law Martijn Kesler explains.

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01 / 11 2021

Proceedings before the Enterprise Chamber

It was recently revealed that the brokerage association NVM provisionally does not want to lose its majority interest in Funda. This was not very well received by a group of depositary receipt holders.

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