Background: the underlying dispute and enforcement proceedings
The case arose from a consultancy agreement concluded in 2015 between a Netherlands-domiciled consultancy firm and an Istanbul-based Turkish joint-stock company. Under the agreement, the claimant undertook to provide consultancy services for an eye clinic the defendant intended to open in the Netherlands, in return for a total fee of approximately EUR 300k payable in two equal instalments. The defendant paid the first instalment but refused to pay the second on various grounds.
The claimant brought a claim before the Amsterdam courts pursuant to the jurisdiction clause in the agreement. The Amsterdam court found in the claimant’s favour, ordering the defendant to pay the principal sum, a contractual penalty and litigation costs. The defendant’s counterclaim was dismissed. The judgment was upheld on appeal by the Amsterdam Court of Appeal and became final.
