Litigation, Arbitration & Investigations Partner, Arbitration, Amsterdam
“Throughout my whole professional and academic career I have specialised in arbitration, ensuring in-depth and up to date knowledge in my field of expertise that I apply in both international arbitrations and court proceedings relating thereto. My detailed knowledge enables me to quickly and efficiently explore all legal options, so as to ensure an efficient and effective resolution of my clients’ complex commercial disputes. I collaborate closely with clients to deliver practical, sensible, commercially realistic solutions to what are often challenging problems.”
Education and qualifications
Gerard is widely recognised as one of the leading figures in the Netherlands for arbitration and court litigation relating to arbitration. He has extensive experience acting as counsel to Dutch, international, and multinational corporations, as well as to governmental bodies, in high-value matters in a range of disputes.
Gerard has resolved disputes under a variety of arbitration rules (including UNCITRAL, ICC, SIAC, LCIA, SCC, CEPANI, and NAI rules). In addition, Gerard is involved in high-profile arbitration-associated court litigation, such as the enforcement of arbitral awards, the setting aside of arbitral awards, and interim measures in support of arbitration proceedings.
Gerard has assisted many clients in resolving disputes. These include advising and representing:
- various European investors in their investment disputes against the Czech Republic under European bilateral investment treaties
- a Dutch bank in NAI arbitration proceedings against a UK bank involving a demerger dispute
- Eastern European investors in enforcement proceedings regarding an arbitral award rendered against the Republic of Kazakhstan on the basis of the Energy Charter Treaty
- a Dutch investor in an investment dispute with the Republic of Poland under a bilateral investment treaty
- a holding company in ICC emergency arbitration proceedings and related summary proceedings before the Dutch courts in a shareholders' dispute
- a Chinese online media company in NAI arbitration proceedings against a U.S. software company involving a joint venture dispute
- Indonesian companies in SIAC arbitration proceedings against a Philippines conglomerate involving a joint venture dispute
- a U.S. energy company in setting aside proceedings initiated by the Republic of Ecuador regarding arbitral awards rendered on the basis of a bilateral investment treaty
- an Italian energy company against a Dutch gas provider in a gas price revision arbitration under the UNCITRAL rules
- a Swiss watchmaker against a U.S. jewelry retailer arising out of a joint venture in NAI arbitration proceedings
- Mauritius-based investors in setting aside proceedings instituted by the Republic of India in relation to an award rendered on the basis of a bilateral investment treaty
Gerard has led various innovative initiatives in the international arbitration market, such as his roles as secretary-general of P.R.I.M.E. Finance (the arbitration institute for the financial markets based in The Hague), as a founding member of the Dutch Arbitration Association (of which he is a member of the advisory board), and initiator of the incorporation of the European Federation for Investment Law and Arbitration (EFILA).
Gerard is president of the Netherlands Arbitration Institute (NAI), which administers both domestic and international arbitrations, and is a member of the Arbitration Commission of the International Chamber of Commerce (ICC).
Gerard is professor of arbitration & dispute resolution at the Erasmus University in Rotterdam. He regularly writes about arbitration for leading publications and contributes commentaries. These include:
- The National Report for The Netherlands, ICCA International Handbook on Commercial Arbitration, Kluwer Law International, 2014, with others
- Boek IV Rv, Arbitrage, T&C Burgerlijke Rechtsvordering, Wolters Kluwer, 2018, one of the leading commentaries on the Dutch Arbitration Act
- Overeenkomst tot Arbitrage, Wolters Kluwer, 2011, the seminal treatise on arbitration agreements
Education and qualifications
Gerard studied law at the Erasmus University, Rotterdam, where he also obtained his PhD.
He speaks Dutch, English, and French.