Ewald Netten is a commercial litigator with a strong focus on financial services litigation, particularly in the area of financing, securities and insolvency. With regard to the latter, his clients are mainly banks and other financial institutions.
He litigates on a wide range of subjects such as entering into and terminating loan agreements, the establishment and enforcement of security rights, insolvency issues, prejudgment attachments, netting, funds transfers, fraud and asset tracing, directors' liability and duty of care issues.
Ewald is also frequently involved in contentious restructuring matters, including WHOA proceedings (Dutch Scheme of Arrangement), as a result of which he is used to advising his clients at the cutting edge. He has particular experience with the restructuring and settlement of large-scale and complex local and cross-border financing.
Besides the financial services sector, Ewald has significant experience with dispute resolution in the industrials, technology and real estate sectors. In that regard he frequently acts for global companies in complex litigation, resolving cross-border contractual and tort disputes.
Areas of experience
- Commercial contracts
- Security rights
- Contentious restructuring
- Representing ING Bank in fundamental litigation against bankruptcy administrator Van Leuveren regarding the legal validity of pledging receivables by power of attorney combined with the registration of a collective deed of pledge.
- Representing two large Dutch financial institutions with regard to the restructuring of the credit facilities of an internationally operating aluminium producer balancing on the edge of bankruptcy.
- Advising a foreign bank on the settlement of a multi-million claim arising from an ISDA-based swap agreement with a Dutch company in relation to the securitisation of a loan portfolio.
- Representing ING Bank in the pre-pack sale of BoerCroon Management and BoerCroon Corporate Finance.
- Representing a Canadian trustee in relation to multiple claims for compensation of damages arising from a cross-border Ponzi scheme.
- Representing a US based credit fund in complex WHOA proceedings (Dutch Scheme of Arrangement) with regard to the forced restructuring of its EUR100m plus financing.
- Representing a UK based real estate investment fund in the contentious restructuring of a Dutch hotel group through litigation and the enforcement of security rights, in relation to a EUR25m mezzanine loan.
- Representing a Dutch bank in fundamental litigation against one of its borrowers relating to the amendment of the margin that is applied above the EURIBOR interest rate on loans.
- Representing Liberty Surety in litigation regarding a first demand guarantee in relation to the construction of an oil platform in front of the Norwegian coast.
- Representing the Dutch National Museum (Rijksmuseum) in litigation regarding the donation of a 20th century masterpiece painting.
- Representing Airbus in a dispute with a sub-contractor in relation to the development of the EUR70m Ariane 6 rocket.
- Grotius Academy, Financing and Securities, 2009
- University of Amsterdam / Nyenrode University, International Business Transactions and Law, 2004
- University of Groningen, Dutch Law, 2003
Awards and Recognitions
- Ewald is described by clients as a "knowledgeable litigation lawyer" who is "able to make decisions and to reach a deal." (Chambers Europe 2022)
- Ewald is described by clients as "really consistent and reliable" and they "praise his dependability”.(Chambers Europe 2021)
- According to clients Ewald "has a perfect feel for the client's priorities in litigation and listens carefully to what is important." Clients also add that “he is highly responsive and very knowledgeable and that working with him is just a great experience.” (Chambers Europe 2020)
- According to clients "he sees the big picture as well as the details "and is a "good discussion partner with both clients and counterparties". (Chambers Europe 2019)
- He is described by clients as a "thorough litigation lawyer, with in-depth technical knowledge and good commercial judgement." (Chambers Europe 2018)
- Several case notes for Rechtspraak Insolventierecht, a professional journal on insolvency law
- "Het Europees bankbeslag: een ruwe diamant" (J.M. Atema & E.C. Netten), Maandblad voor Vermogensrecht (2012/2). Article on the draft regulation for a European Account Preservation Order
Memberships And Affiliations
- Dutch Procedural Law Association (Nederlandse Vereniging voor Procesrecht)
- Corporate Litigation Association (Vereniging Corporate Litigation)
- Dutch Restructuring Association (Nederlandse Vereniging voor Herstructurering)