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.

30 / 09 2022

The do’s and dont’s of ending a business

In this article, corporate lawyer Martijn Kesler will discuss the dissolution of a company and the role of the liquidator in more detail, based on a recent ruling on the dissolution of the cooperative.

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19 / 09 2022

Director liability in case of misfeasance

At what times can a director be held personally liable for debts of a company? In certain cases, a director can be held personally liable, such as in the case of recourse frustration.

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12 / 09 2022

When a bank’s termination of a bank account is unlawful

Banks have a duty of care to their customers. When terminating a credit relationship, the bank quite often forgets to comply with its duty of care. In this case, the interlocutory relief judge stopped Rabobank in its tracks. Rabobank was also ordered to reimburse the expenses of the injured party. Corporate lawyer Martijn Kesler explains. 

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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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