Fall Meeting 2023 Seminar & Formal Annual Meeting:

The Use of Dutch Schemes as a Parallel Procedure in Global Restructurings

Takeaways from a year of Dutch cross-border practice

Tuesday 28 November 2023, 16.00-18.15
Location: UvA, Faculty of Law, Roeterseiland, Building A, Nieuwe Achtergracht 166, Amsterdam, room A.3.15
Costs: Members €50, non-members €100, (PhD)students (free, with limited availability)
Registration: Members via link in email, non-members, please submit form on website https://naciil.org/contact/
Drinks and snacks: Yes!

Central theme:
The Dutch WHOA as a tool in the international (group) restructuring toolbox.

After a relatively quiet start, over the last year large multinationals have found their way to the Dutch Scheme (a.k.a. the WHOA). The restructurings of IHC, Steinhoff, Diebold and Vroon, among others, are much reported examples. Particularly through the latter two cases, Vroon and Diebold, a practice has developed where the Dutch Scheme is used as one of various parallel pending proceedings, with the implementation of a global restructuring through multiple national, interlocked restructuring plans.

During the NACIIL 2023 Fall Meeting, Dutch and US practitioners involved in the cases of Diebold and Vroon will introduce the applicable legal framework in the US, England and the Netherlands. They will also share insights into the implementation of a restructuring through multiple proceedings, how to align various plans and proceedings with one another, how to ensure international compliance. The focus of the presentations will be on the cross-border aspects of restructuring. Practice based, but highly academic.


16:00 – 16:05   Introduction by chair
Session 1: Alignment Dutch and English procedures
16:05 – 16:50 Sigrid Jansen & Géza Orbán (A&O)
Omar Salah (Norton Rose Fulbright)
16:50 – 17.00  Q&A
17:00 – 17:15 Break
Session 2: Alignment Dutch and US procedures
17:15 – 17:50 Dan Moss & Sid Pepels (JD Washington/New York/Amsterdam)
Ferdinand Hengst (DBBW)
17:50 – 18:00 UNCITRAL recognition of the Dutch Scheme (Dan Moss)
18:00 – 18:15
18:15 – 19:15
Drinks and snacks
18:15 – 18:30
Formal Annual Meeting (members only)


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