AKD appoints new partner to Transport & Energy team

ROTTERDAM-based law firm AKD has appointed Annemieke Spijker a partner in its Transport & Energy team with effect from 1 June, 2016.

Annemieke joined AKD in July 2006, and became a member of the firm’s industry-leading Transport & Energy team in January 2008. She specialises in disputes involving road carriage and multimodal transportation, and has particular experience in drafting and negotiating logistics contracts. Annemieke is also involved in litigation, focusing on international transportation law disputes and recoveries.

Annemieke, who is a Legal 500 first-rate recommended lawyer and a member of the Dutch Transport Law Association, as well as being actively involved in the Transport Law Commission of the International Association of Young Lawyers (AIJA), says, “I am delighted to have been made a partner at AKD, where I greatly enjoy my role as part of a top-tier team of lawyers working on issues in the logistics, shipping & offshore, aviation and international trade sectors.

Jos van der Meché, head of AKD’s Transport & Energy team, says, “At AKD Transport & Energy, we come up with unconventional solutions where necessary, based on expertise and creativity. We are able to do that by recruiting and retaining people with the highest level of legal expertise combined with an in-depth knowledge of the markets and industry sectors in which our clients operate. Annemieke is a perfect example of that.”

AKD’s Transport & Energy team provides a full range of legal services. AKD is a full-service firm with over 220 lawyers, civil-law notaries and tax advisers. It was named Benelux Law Firm of the Year for 2016 by The Lawyer.

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AKD recruits two first-tier shipping specialists

ROTTERDAM-based law firm AKD has further strengthened its pre-eminent position in the shipping and offshore sectors with the arrival of two senior executives.

Pieter den Haan, a specialist in handling maritime casualties, with particular expertise in major collision cases as well as in salvage and wreck removal and insurance disputes, joins from Van Traa as a partner in AKD’s Transport & Energy team with effect from 1 July, 2015. Pieter also advises shipyards, shipowners and private clients in connection with shipbuilding and repair contracts, as well as dealing with the enforcement of claims against ships and ship arrests. He says, “I am very pleased to be joining AKD’s robust transport & energy team as it provides the support which is needed to deal with marine matters at the highest level.”

Vivian van der Kuil, meanwhile, will join AKD’s Transport and Energy team from Van Traa as a senior associate. Vivian specialises in transport law, with a particular focus on maritime law, and has extensive experience of dealing with maritime casualties, as well as limitation of liability, assistance and wreck removal cases. Her expertise also extends to ship arrests and other procedures related to maritime law. Vivian has worked as a judge at the Rotterdam Court, dealing with transport law cases, among others. She has also undergone officer training at the Netherlands Royal Institute for the Navy and worked as an officer of the Maritime Service with the Royal Navy on board several ships. Vivian says, “I am looking forward to the challenge of working with the highly experienced team at AKD.”

Haco van der Houven van Oordt, lead partner of AKD’s shipping and offshore practice, says, “We are delighted to have recruited two people of the quality and experience of Pieter and Vivian. Both are first-class marine lawyers who are highly regarded in the industry. Maritime disputes are becoming increasingly more international and legally complex in their nature, and it is therefore imperative to strengthen the team to deal with the challenges that our clients face worldwide.

“The recruitment of Pieter and Vivian will enhance still further AKD’s proven ability to provide innovative solutions to often complex legal problems.”

AKD’s Transport & Energy team provides a full range of legal services. AKD is a full-service firm with over 250 lawyers. www.akd.nl

AKD says Chapter 11 protection is not enforceable in The Netherlands

Netherlands law firm AKD says that, while beleaguered shipowners may be looking increasingly to Chapter 11 filings in the United States to protect their financial interests, the fact is that Chapter 11 does not enjoy the force of law throughout the world, and certainly not in The Netherlands.

Haco van der Houven van Oordt, head of the shipping & offshore team at AKD’s headquarters in Rotterdam, says, “Nobody – and that includes the banks - wants to see shipping companies forced out of business. On the other hand, one cannot expect the banks to forgo the opportunity to ring-fence their losses in cases where they deem this to be the most propitious course of action.

“Some observers have predicted an increase by owners in the use of bankruptcy protection filings, and evidence from the banks suggests that a number of owners have indeed threatened to take such steps absent an agreement to restructure their debt.

“In this respect it is worth noting that Chapter 11 or similar protection does not enjoy worldwide currency. It works in those countries – including the US, the UK and in fact many others – which adopt a universal approach to cross-border insolvencies. But there are other countries, most notably The Netherlands, which adopt a territorial approach to bankruptcy.

“Banks can take action against the assets of a debtor in The Netherlands, even if the debtor is in liquidation or subject to similar proceedings. Under Dutch law, it is possible to act for banks and to auction vessels in The Netherlands, despite insolvency and/or liquidation proceedings being in place in other countries. Such proceedings do not prevent a bank from enforcing a mortgage in The Netherlands.”

The Netherlands is also a jurisdiction in which very few claims enjoy priority over mortgage claims. Moreover, it is widely recognised as a haven for those looking to attach ships and/or to arrange for their swift judicial auction, and counter-security is seldom required. There are very few legal hurdles to pass in order to obtain leave for attachment and, in addition, there is no obligation for the claimant to pursue its claim in the courts of The Netherlands following the attachment.

Haco van der Houven van Oordt adds, “While most mortgages are enforced in Rotterdam, a significant number are also dealt with in Amsterdam. All ships proceeding to Antwerp have to transit the River Scheldt, where they are also subject to Netherlands jurisdiction. And so it is that a number of mortgagees are known to have taken active steps in the past to direct vessels to ports in the Amsterdam – Rotterdam – Antwerp range for the specific purpose of bringing themselves within the jurisdiction of the Dutch courts.

“In the light of recent events, many observers are predicting a rush on the part of shipowners to seek Chapter 11 protection. But The Netherlands is a place where creditors can still pursue the attachment of assets despite a Chapter 11 filing.”

Notes to editors
AKD’s transport law division provides a full range of legal services to the maritime and transport industry. AKD is a full-service firm with over 250 lawyers. AKD is in the top tier of Legal 500’s Netherlands shipping, aviation and transport section.
www.akd.nl