Frank van de Wakker

Areas of experience

• financial litigation
• insolvency law
• contract non-performance
• tort
• enforcement of security rights

Key experience

• Represented banks in numerous cases related to enforcement of security, both litigation and advice.
• Acted for senior creditor in one of the largest Dutch in-court restructurings.
• Five-month secondment at ING Bank’s non-performing loan department.
• Represented several banks in several proceedings related to a CDD dispute.
• Represented a bank in litigation in relation to an AML dispute. Secured termination of contractual relationship with a debtor.
• Represented large private equity firm in a multimillion claim with regard to an earnout.
• Acted for private equity company as plaintiff in interim relief up to appellate court. With these proceedings a beneficiary was prevented from successfully calling on a bank guarantee, thereby ensuring an overall settlement between beneficiary and applicant.
• Represented a leading global utility company as defendant in interim relief proceedings. Ensured that the client received the guaranteed amount that the client was entitled to as beneficiary of a bank guarantee.
• Acted for a private equity party in a contentious restructuring process. Successfully litigated several court proceedings over multiple years. This includes a defence against a challenge on enforcement proceedings on pledged shares, and a proceeding to enforce voting rights on shares. Secured an interim relief judgment in which the minority shareholder was ordered to comply with a buyout process.
• Negotiated on behalf of a multinational with regard to contractual and bankruptcy law disputes relating to the acquisition of several seagoing vessels.
• Secured release of inventory and essential material from a bankrupt supplier through interim relief proceedings.