Overview
As counsel in the Amsterdam Litigation, Arbitration and Investigations practice, Bart assists clients in the area of financial law, company law, competition law, class actions and (international) arbitration before all Dutch courts, including the Supreme Court. Bart has more than 10 years of experience in the Supreme Court litigation and handled some of the most impactful cases in the Netherlands.
For example, Bart acted in a landmark case in Dutch financial law, in which the Supreme Court ruled that property that has been transferred conditionally can be pledged. As a result, Dutch lenders obtained an estimated € 20 billion in extra security on a yearly basis, which enhanced the provision of credit to Dutch companies. In 2020, Bart represented a bank in Supreme Court proceedings regarding the assignment of a credit portfolio with a nominal value of approximately € 400 million, which led to a landmark ruling impacting the Dutch securitisation practice.
Bart also acted before the Supreme Court in a dispute on the enforcement and setting aside of three arbitral awards rendered under the Energy Charter Treaty with a value of in excess of $ 50 billion on behalf of the former majority shareholders of Yukos Oil. Previously, Bart acted successfully in a case before the Supreme Court on the control over the Dutch branch of the former Yukos Oil and in other notable cases in the energy sector. In addition, Bart has handles pro bono cases before the Netherlands Supreme Court, including on the freedom of expression of journalists.
Work Highlights
In the last years Bart has acted on, among others, behalf of the following clients:
- the former majority shareholders of Yukos Oil in a dispute on the enforcement and setting aside of three arbitral awards of $50 billion;
- an energy company in the (worldwide) enforcement of an arbitral award of approximately $200 million in a post M&A dispute; and
- a Dutch bank in a dispute on the validity of the assignment of a credit portfolio with a nominal amount of approximately €400 million.
- the shareholders of Devas Multimedia in a dispute on the enforcement and setting aside of an arbitral award rendered against the Republic of India;
- Sina Hong Kong Limited in a setting aside case before the Netherlands Supreme Court in against a commercial arbitral award;
- Zimmer GmbH, Zimmer Biomet Nederland B.V.: advising on a large number of product-liability claims in relation to Metal-on-Metal hip prosthesis manufactured by Zimmer entities, in relation to some of which litigation has been initiated.
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