Bank of America will accuse a Dutch commercial court of acting in a “shocking” and unlawful manner by blocking its $21bn acquisition of ABN Amro’s US bank LaSalle as it seeks to overturn the decision in its appeal to the Dutch supreme court.

The appeal filing, a copy of which has been seen by the Financial Times, claims that the Enterprise Chamber, the commercial court that last month backed calls from ABN investors for the deal to be frozen in order to allow a shareholder vote, breached European Union and Dutch law.