Postbus 2720 info.amsterdam@bakernet.com Frank Kroes Partner / member of Office Management Practice Areas Litigation and Arbitration Practice Focus Frank Kroes specializes in complex commercial litigation and national and international arbitration. Frank represents clients from a wide variety of industry sectors both before the state courts and in national and international arbitrations administered by a range of leading arbitration institutes. His work includes energy, construction, chemicals, the financial sector, class actions and competition litigation. Practice Description General commercial litigation, securities litigation; class actions and competition litigation. Representative Clients, Cases or Matters Acts for ENECO Holding N.V. in litigation against the State of the Netherlands in order to overturn legislation that requires vertically integrated energy companies to separate their grid managers from the production and sales companies on the basis that it contravenes European and international law. Eneco won the case on appeal. Continues to act for Eneco in the litigation before the Supreme Court. Acted for the Central Works Council of ABN AMRO Bank N.V. in relation to the proceedings before the Enterprise Chamber of the Court of Appeal in Amsterdam to order an investigation into the sale of LaSalle and other issues regarding the take-over fight between Barclays and the Consortium, consisting of Fortis, Royal Bank of Scotland and Santander (amount at stake 72 billion) and continues to act for the Central Works Council in various cases that are a sequel from the take-over of ABN AMRO by the Consortium and the subsequent take-over of the Dutch banks of ABN AMRO by the State of the Netherlands. Represented Johan Cruijff in litigation against AFC Ajax N.V. concerning his role as a supervisory director. Case was won both in the first instance and on appeal. Acts for a leading expert on environmental consultancy and financial brokerage services in the international emissions trading market under the Kyoto Protocol in arbitration cases with its former customers. Acts for one of the actuaries of Vie d Or in relation to the class action brought by former customers of Vie d Or. The class action was settled. The indemnification claims were recently settled at no cost for the client. The case involved De Nederlandsche Bank (the Dutch Central Bank). Baker & McKenzie Amsterdam N.V. is lid van Baker & McKenzie International, een Zwitserse Verein.
Represented a currency broker and its directors on a motion for summary judgment in litigation against De Nederlandsche Bank (Dutch Central Bank). The currency broker and its directors prevailed on most of the points raised by the motion. Acted for an energy production company in arbitration under the UNCITRAL rules and administered by the LCIA. The case was won. The amount at stake was 750 million. Acted in ICC arbitration for a large international electricity company against the contractor in relation to the construction of a power plant. Amount at stake: 150 million. Case was won. Acts for an international energy broker on its defence against a professional negligence claim brought by the Dutch State. Amount at stake 5 million. Case was won. Acted for an international chemical company against Akzo Nobel N.V. who claimed termination of a contract due to unforeseen circumstances. Amount at stake: 10 million. Case was settled on terms favorable to the client. Acted for a European chemical company in a dispute with one of its suppliers who claimed amendment or termination of a contract due to unforeseen circumstances. Amount at stake: 5 million. Case was settled on terms favorable to the client. Acts for an Asian manufacturer of capital goods in several follow-on class actions in relation to infringements of European competition law. Amount at stake 200 million. Advised a global energy company in relation to follow-on litigation in relation to several cartels. Acts for an international institutional investment manager in an ICC arbitration. Amount at stake approx. 500 million. Acts for various other investment managers in securities litigation both before the lower courts and the Supreme Court. Defends an IT company in an action against its pension fund claiming specific performance under the financing agreement. Amount at stake approx. 40 million. Case was won. Acted for an international oil company in multi-jurisdiction litigation and arbitration. Total amount at stake approx. USD 1 billion. Case was settled on terms favorable to the client. 2
Defends an international oil company in action where damages are sought for infringements of European competition law. Acts for a U.S. company in cross-border enforcement actions against an African sovereign state. Publications, Presentations and Articles Presentor at the Mordanete Congress 2006 on Class Actions. Presentor at MEED Conference 2007 on International Arbitration. Product recall, in: Aansprakelijkheid, Verzekering & Schade No. 5/2004. Product recall, enkele vermogensrechtelijke gezichtspunten,in: Vermogensrechtelijke Annotaties 2005/3 (Product recall, various points of tort law). Consumentautoriteit moet enkel toezicht houden, in: Het Financieele Dagblad 23 November 2006 (Consumer authority should only supervise). Meer oog voor schadeverhaal, in: Het Financieele Dagblad 8 February 2007. Commentary on Court of Appeal Amsterdam 25 January 2007 on international service of class actions, in: Jurisprudentie Burgerlijk procesrecht, 2007/2. Niet samen, voor ons eigen! Beschouwingen over de opt-out van de Wet collectieve afwikkeling massaschade, in: Massaclaims, class actions op z n Nederlands, Nijmegen, 2007 (Not collectively, for our own! Views on the optout of the Act on the collective settlement of mass claims). Verbeteren claimrecht burger is borrelpraat, in: Het Financieele Dagblad 20 December 2007 (Improvement of claim rights is idle chatter). Collectieve actie, in: Nederlands Juristenblad, 2008/11 (Collective action). Bedolven onder een lawine van schadeclaims, Een beschouwing over het Witboek betreffende schadevergoedingsacties wegens schending van de communautaire mededingingsregels, in: Markt & Mededinging, 2008/4 (Mounted under an avalanche of damage claims, Views on the White Paper on damage actions for violation of EU competition law). The beauty and the beast? Over class actions, de claimcultuur en het toenemend beroep op de rechter, in: NTBR 2008/7 (The beauty and the beast? About class actions, the claim culture and the increasing appeal to the courts). 3
Wanneer de haan victorie kraait... Volstaat onder de nieuwe Betekeningsverordening betekening op de voet van artikel 63 Rv Een korte beschouwing, in: NIPR 2009/1 (If the cock crows victory... Suffices service pursuant to article 63 of the Code of Civil Procedure under the new Service Regulation). Geen class action? Denk aan de WCAM, in: Het Financieele Dagblad 24 September 2009 (No class action? Think of the WCAM [Act on the collective settlement of mass claims]). Kantoorbetekening zet Bet.-Vo. buiten spel oordeelt de Hoge Raad. Enige kanttekeningen bij Hoge Raad 18 december 2009, nr. 09/03464 (Demerara / Karl Heinz Haus) (A commentary on a decision of the Supreme Court on the application of the European Service Regulation). Soortgelijke belangen, representativiteit en het bemoeizuchtbezwaar, noot bij HR 26 februari 2010, LJN BK 5756 (Stichting Baas in Eigen Huis / Plazacasa) en HR 9 april 2010, LJN BK 4549 (Staat / Clara Wichmann c.s. en SGP / Clara Wichmann c.s.), in: NTBR 2010/9 (A commentary to two decisions of the Supreme Court in collective actions). Deformalisering van de internationale betekening in een drieslag, in: NIPR 2011/4, blz. 652-656 (A commentary on recent case law on the international service of process). Regular contributor to the Baker & McKenzie International Arbitration Yearbook. Professional Affiliations Dutch Association for Procedural Law, Dutch Association for Civil Law, Association for Corporate Litigation; Dutch Bar Association. Awards, Honors & Skills Grotius Corporate Litigation. Chambers and Partners ranks the practice that Frank led until 2008 when he handed the leadership to Robert van Agteren as first class at every level (2008 edition) and describes him as a highly skilled lawyer with a very good sense of tactics and commends him as a solid and meticulous litigator who gets high quality results (2008 edition) who is pragmatic and perceptive (2009 edition). Clients like working with him because of his strong technical skills and the "friendly and relaxed atmosphere" that he creates (Chambers 2010). He displays a "considered yet assertive approach during hearings", which is appreciated by clients and peers alike (Chambers 2011). Clients praise Frank Kroes for his availability. He is noted for his Supreme Court practice as well as his other commercial litigation activities (Chambers 2012). Legal 500 recommends him as outstanding litigation lawyer (2010 edition) and as particularly sharp and to the point (2011 edition). 4
Education & Bar Admittance Business Administration (Nijenrode University, Breukelen), Dutch law (University of Amsterdam), admitted to the bar in 1995. Languages Dutch: native; English: fluent; German: good; French: good. 5