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Frank van de Wakker

Legal Director
Frank van de Wakker is a bright up-and-coming litigator, who is responsive, effective, and efficient. Frank strikes an excellent balance between the application of the law and managing the business needs.
Legal 500 2023
About

Frank van de Wakker is an accomplished litigator. He predominately represents clients in financial disputes. Frank’s areas of expertise include contract non-performance, tort, and the enforcement of rights in rem.

Due to his previous work as an assistant bankruptcy trustee Frank has in-depth knowledge of insolvency law. He frequently leverages his experience to resolve insolvency law disputes, either in court or through a settlement.

Frank often represents clients with critical cases. He regularly acts for both plaintiffs and defendants in interim relief proceedings. Cases include disputes related to bank guarantees, release of inventory, prejudgment attachments and garnishments, and foreclosures on collateral.

Frank’s clients include large financial institutions such as banks and insurers. He also represents private equity companies in commercial and financial disputes. Frank regularly represents multinationals with cross border contractual disputes and disputes related to rights in rem; for example utility and shipping companies.

Professional QualificationsAdvocaat admitted with the Nederlandse Orde van Advocaten

EXPERIENCE

Areas of experience

  • financial litigation
  • contract non-performance
  • tort
  • bank guarantee disputes
  • security rights
  • insolvency law

Key experience

  • Represented banks in numerous cases related to enforcement of security, both litigation and advice.
  • Five-month secondment at ING Bank’s non-performing loan department.
  • Represented a bank in litigation in relation to an AML dispute. Secured termination of contractual relationship with a debtor.
  • 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.
Languages
  • Dutch
  • English
Education
  • Grotius Academy, Financing and Security (cum laude), 2017
  • Radboud University Nijmegen, LL.M. Civil Law (with distinction), 2013

Publications

  • Judge, jury and executioner: new guidance for financial institutions as gatekeepers of the financial system, 16 August 2019.
  • Frank contributes to the SDU Commentaar Insolventierecht (insolvency law text book) since 2015.

Memberships And Affiliations

  • A member of JIRA, the association for young insolvency attorneys

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