Seminar 'The Dutch Scheme of Arrangement is coming - New restructuring opportunities abound'

On 11 September 2014, De Brauw organised a successful seminar about the draft bill for the extrajudicial debt restructuring composition. Four speakers, including international experts, and an interactive panel discussion provided for an interesting afternoon with useful insights for the participants and the legislator.

As the bill is greatly inspired by internationally acclaimed foreign restructuring proceedings, most importantly US Chapter 11 and the UK Scheme of Arrangement, we invited experts from those jurisdictions to critically review and comment on the proposal. The result was an interesting discussion with useful insights and suggestions for improvements.

From the perspective of their experience in their systems, the speakers previewed how the draft bill might work in practice. Based on that, they discussed the upcoming bill and the opportunities it may have to offer. They also made various suggestions for how the draft could be improved further. The discussion even turned interactive, when the public servants involved with drafting the bill and who also attended our seminar, directly responded to some of the comments made. Below are video registrations of the speakers’ presentations and links to the slides they used to present.

Peter J.M. Declercq – Across the Channel: a UK perspective
Peter Declercq, partner in the London business reorganisation practice of Schulte Roth & Zabel LLP, compared and contrasted the bill with the established English scheme of arrangement and addressed how the English experience & practice may influence how the new bill is used for future Dutch restructurings.

Click here to download Peter’s slides; see below for a video registration of his presentation.

Timothy Graulich and Giorgio Bovenzi – Across the Pond: a US perspective
Tim Graulich and Giorgio Bovenzi, partner and (at the time) counsel at Davis Polk & Wardwell LLP New York, reviewed the proposed bill from their extensive experience with US Chapter 11, cross-border insolvency and cross-border risk management, and discussed certain analogies and differences between the concepts and procedures adopted in the bill and the US experience.

Click here to download Tim and Giorgio’s slides; see below for a video registration of their presentation.

Sefa Franken – The banks’ perspective
Sefa Franken, Legal Counsel, ING Bank (Commercial Banking) and member of the ‘Legal working group corporate’ at the Dutch Banking Association (NVB), commented on the draft of the new bill from a Dutch banks’ perspective and spoke about its expected impact on the banking sector.

Click here to download Sefa’s slides; see below for a video registration of her presentation.

Ruud Hermans – Challenges for the judiciary
In his presentation, Ruud previewed which tasks and challenges the judges presiding over proceedings under the new bill will face.

Click here to download Ruud’s slides; see below for a video registration of his presentation.

  • Peter Declercq, Partner Schulte Roth & Zabel International LLP: Across the Channel - a UK perspective

    Peter Declercq, partner in the London business reorganisation practice of Schulte Roth & Zabel LLP, compared and contrasted t...

    Play video

    Peter Declercq, partner in the London business reorganisation practice of Schulte Roth & Zabel LLP, compared and contrasted the bill with the established English scheme of arrangement and addressed how the English experience & practice may influence how the new bill is used for future Dutch restructurings.

  • Timothy Graulich and Giorgio Bovenzi: Across the Pond: a US perspective

    Tim Graulich and Giorgio Bovenzi, partner and (at the time) counsel at Davis Polk & Wardwell LLP New York, reviewed the propo...

    Play video

    Tim Graulich and Giorgio Bovenzi, partner and (at the time) counsel at Davis Polk & Wardwell LLP New York, reviewed the proposed bill from their extensive experience with US Chapter 11, cross-border insolvency and cross-border risk management, and discussed certain analogies and differences between the concepts and procedures adopted in the bill and the US experience.

  • Sefa Franken, Principal Legal Counsel, ING Bank: The banks' perspective

    Sefa Franken, Legal Counsel, ING Bank (Commercial Banking) and member of the ‘Legal working group corporate’ at the Dutch...

    Play video

    Sefa Franken, Legal Counsel, ING Bank (Commercial Banking) and member of the ‘Legal working group corporate’ at the Dutch Banking Association (NVB). Sefa commented on the draft of the new bill from a Dutch banks’ perspective and spoke about its expected impact on the banking sector.

  • Ruud Hermans, partner, De Brauw Blackstone Westbroek: Challenges for the judiciary

    In his presentation, Ruud previewed which tasks and challenges the judges presiding over proceedings under the new bill will ...

    Play video

    In his presentation, Ruud previewed which tasks and challenges the judges presiding over proceedings under the new bill will face.

We keep track of you on our site with cookies, in order to offer the basic functionality of the website and generate user statistics on an anonymous basis to make our website more user-friendly. We do not use or share your data with third parties for advertising purposes.
Accept cookiesChange cookiesClick here for more information about our cookies.