Last Updated March 06, 2019

Law and Practice

Authors



Florent (Amsterdam - HQ) was launched in 2017 by partners from BLIX and Höcker Advocaten, and now consists of about 35 lawyers. It has a strong focus on corporate/M&A, commercial and corporate litigation, banking and finance, and insolvency and restructuring. The firm employs real estate, employment and intellectual property experts in support of its focus areas, so is able to assist clients throughout a company’s life cycle, from start-up to investment round, from acquisition to litigation, and from financial distress to exit. The Insolvency team is appointed by the courts as bankruptcy trustees or administrators in the largest bankruptcies in the Netherlands. It also advises companies in distress, lenders, borrowers and financial institutions, as well as other creditors and counterparties, on all aspects of debt recovery, restructuring and insolvency. In addition to the team’s strong roots in domestic practice, the firm has excellent capabilities for and experience in dealing with cross-border/international and complex cases (including INSOL Fellows). Florent is the only major firm in the Netherlands with a substantial asset recovery practice, so can assist with cross-border asset recovery, fraud litigation (prosecuting civil claims for fraud) and financial fraud investigations.

The Dutch Civil Code contains several provisions governing arbitrations, besides the rules of arbitration usually applied by the relevant arbitration institute. There are no formal statutes that govern mediations. In Dutch insolvency proceedings, alternative dispute resolution does not play any role of significance; the Dutch Bankruptcy Act itself does not provide for it as a means of solving disputes in the context of bankruptcy or suspension of payments. Whether the Act allows for the same is questionable in varying degrees. In principle, where it concerns a legal relationship that can be determined solely by the parties, those parties may, under Dutch law, choose extrajudicial/alternative dispute resolution, such as arbitration or mediation. If an arbitration clause has been agreed, the civil courts will, in principle, deny jurisdiction. However, if and to what extent an existing agreement between an insolvent debtor and a counterparty is applicable in insolvency proceedings – ie, to, among other things, the submission of the claim to the estate, if the bankruptcy trustee, administrator, debtor or another creditor would dispute the claim, or if the bankruptcy trustee claims against the counterparty of the insolvent debtor in connection with an agreement that contains an arbitration clause – is unsure. It is argued that an arbitration that is pending when the debtor is declared insolvent will be postponed just like civil proceedings, and continued with the bankruptcy trustee and/or opposing other creditor or the insolvent debtor if the relevant claim is disputed on submission to the estate. The same case is made, but more uncertain, as to whether those parties would be bound to arbitration with respect to disputing a submitted claim. 

Florent

NoMA House
Gustav Mahlerlaan 1236
1081 LA AMSTERDAM

+31 (0)20 303 59 00

+31 (0)20 303 59 99

info@florent.nl www.florent.nl
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Authors



Florent (Amsterdam - HQ) was launched in 2017 by partners from BLIX and Höcker Advocaten, and now consists of about 35 lawyers. It has a strong focus on corporate/M&A, commercial and corporate litigation, banking and finance, and insolvency and restructuring. The firm employs real estate, employment and intellectual property experts in support of its focus areas, so is able to assist clients throughout a company’s life cycle, from start-up to investment round, from acquisition to litigation, and from financial distress to exit. The Insolvency team is appointed by the courts as bankruptcy trustees or administrators in the largest bankruptcies in the Netherlands. It also advises companies in distress, lenders, borrowers and financial institutions, as well as other creditors and counterparties, on all aspects of debt recovery, restructuring and insolvency. In addition to the team’s strong roots in domestic practice, the firm has excellent capabilities for and experience in dealing with cross-border/international and complex cases (including INSOL Fellows). Florent is the only major firm in the Netherlands with a substantial asset recovery practice, so can assist with cross-border asset recovery, fraud litigation (prosecuting civil claims for fraud) and financial fraud investigations.

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