Jan Willem de Groot
Jan Willem specialises in corporate and commercial litigation, with a focus on acquisition disputes, shareholder disputes, inquiry proceedings at the Enterprise Chamber and liability proceedings. He is a litigator and advises companies and national and international investors in complex proceedings often involving multiple jurisdictions. Jan Willem is leading the litigation teams in the multi-billion-dollar restructuring cases concerning OSX and Oi. He is a lecturer at the Law Firm School, and a member of the Dutch Corporate Litigation Association and the Dutch Association for Procedural Law. Jan Willem also frequently publishes on topics related to corporate litigation.
"According to one client, he is 'a great lawyer, very much engaged and committed, excellent in pleadings, technically skilled and experienced."Chambers Global & Europe, Dispute Resolution (2018 edition)
RecommendedLegal 500, Dispute Resolution: Commercial Litigation (2017 Edition)
Clients say that "he is great in court" and "extremely good at bringing our message across."Chambers Global & Europe, Dispute Resolution (2017 Edition)
Up and ComingChambers Global & Europe, Dispute Resolution (2017 Edition)
QUALIFICATIONS & EXPERIENCE
- Lex Mundi Cross-Border Dispute Resolution
- Lex Mundi Foundation Management
- Grotius Academy specialisation course on Corporate Structures
- Private Law (University of Groningen)
Advised Aurelius, through its investment vehicle Capricorn, in lodging several claims in the Netherlands, relating to, among others, (a) the voidance of several intercompany transactions of the Oi Group which have been to the detriment of the group's creditors and (b) to prevent the ailing Brazilian parent company from borrowing any more money from one its Dutch subsidiaries. Furthermore, Houthoff advised Aurelius investment vehicle Citadel in bankruptcy proceedings against a financing entity of the Oi group. This branch of the matter ended in a victory at the Supreme Court.
Click here for the judgment of the Supreme Court.
Advised Vi Holding, the largest shareholder of aluminum multinational Vimetco N.V. on several proceedings in the Netherlands and the UK relating to a transaction with regard to a significant minority stake in Vimetco. Disputes arose with respect to certain obligations under this transaction, and also a third party initiated proceedings in both the UK and the Netherlands following it. In the Netherlands, one of the issues reached the Supreme Court, leading to a fundamental judgment on the interplay between attachment in The Netherlands and foreign proceedings.
Click here for the judgment of the Supreme Court.
Represented Swiss/Spanish Teka Group in inquiry proceedings before the Enterprise Chamber in Amsterdam. Teka is in dispute with a cluster of minority shareholders. In the action before the Enterprise Chamber of the Amsterdam Court of Appeal, they alleged that Teka has been mismanaged on a number of issues. The court of appeal denied all claims against Teka.
Represented Danube Logistics in a significant litigation matter in the Netherlands against several Dutch and Moldovan parties regarding Danube's acquisition of the Giurgiulesti International Free Port in Moldova, including its oil and cargo/container terminals. In this massive international litigation, on behalf of the Danube Logistics group of companies, Houthoff successfully lodged a claim in 2015 before the Amsterdam Court. Opposite parties launched an appeal.
Advising OSX Brasil S.A. (a Brazilian publicly listed oil and gas company) and the Dutch OSX group of companies on the restructuring of their consolidated debt of over US$ 2.5 billion, including representing the OSX companies in various litigation and restructuring matters in the Netherlands as well as coordinating litigation abroad. The team is also involved in the restructuring of OSX debt structures, more specifically related to OSX 3, the USD 450 million bond structure and recently OSX 2, the syndicated debt of USD 850 million.
The OSX restructuring is currently the largest restructuring case in Latin America, with several billions of dollars at stake. An important part of the OSX group of companies is located in the Netherlands. The Dutch aspects of the matter, and thus the Dutch litigation, are crucial to the OSX global restructuring plan.
V&D was a landmark brand of high street located department stores (63 stores) in the Netherlands and was founded in 1887. Houthoff advised the company in a wide array of matters, including the restructuring of its debt, and representing the company in several high profile litigation matters related to real estate and labour law.
Ballast Nedam wins court of appeal case against Max Bögl. Houthoff advised Ballast Nedam on an appeal case against Max Bögl, a former joint venture partner. The Supreme Court has rejected an appeal in cassation, lodged by Max Bögl. For Ballast Nedam this ruling means an elimination of a risk of over 9 million euros, without further financial impact.
In 2013, the appeal court found in favour of Ballast Nedam and ordered Max Bögl to pay an amount of over 9 million euros to Ballast Nedam. This amount has been paid at the time and has been included in the Ballast Nedam financial statements.
Ballast Nedam brought action in 2003 against its then joint venture partner Max Bögl for breach of contract in the tendering stage of three underground stations on the North-South Line.
Assisting Elliott in inquiry proceedings at the Enterprise Chamber against the paints and chemical group AkzoNobel. Elliott is one of AkzoNobel’s largest shareholders, with an interest in AkzoNobel of more than 5%.