Nearly every cooperation is – should be – set out in a contract. We help both at the beginning of a cooperation by negotiating and advising on the formation of contracts, and afterwards in resolving disputes following from a contract, by summoning or litigating where necessary.
Negotiations and contracts
At the start of a cooperation, all parties benefit from clear agreements in order to avoid future problems. Contracts should be clear and not longer than necessary: it’s better to formulate clearly and concisely, than long and woolly.
When negotiating, it is essential to be goal-oriented: our lawyers focus on obtaining a positive outcome, rather than on attacking the counterparty. The goal is a result with which all parties can live. We negotiate sharply and fairly, always putting the client’s interest first.
Disputes and parting ways
An important part of a contract is how parties can part ways. Can you get out of a contract if you no longer like it? And is it possible for your contracting party to end the collaboration if you have made investments that you have not yet recouped?
Much of our work consists of helping with and advising on disappointing deals, failed collaborations, non-performance of agreements or infringement of rights. In every case, the law offers various options for achieving the desired goal. It is key to determine the most appropriate strategy and remedy for each situation.
In that regard, it can be very effective to summon: a firm stance and willingness to initiate proceedings can often actually prevent such proceedings from taking place. In case a settlement is reached, it is important to clearly write down what has been agreed upon in order to avoid disagreements at a later stage. After all, the goal is to settle the issues between parties for once and for all. A straightforward settlement agreement is essential in that respect.
Sometimes, however, the matter can’t be resolved in this way or summonses and/or settlements are not the desired route, and the dispute ends up in court. Having a great deal of experience in this type of situations, we can offer you the right support for this as well.
In short: we prefer to make deals, but if we have to, we litigate adequately and properly.
Examples of cases in which we have been involved:
Various contract negotiations:
- between creators (musicians, actors, directors, etc.) with exploiters of the makers’ performances;
- between composers and film producers on the synchronization of music with film images;
- between film producers in the context of co-productions;
- between TV presenters and broadcasters;
- between TV format owners and producers/broadcasters; and
- between podcast creators and exploiters.
Specialisten
Sander Dikhoff, LLM
Attorney
Vera Nederpelt, LLM
Attorney
Rob van Dongen, LLM
Attorney
Melika Nariman, LLM
Attorney