People
Simon Aarts
Biography
Simon is an experienced litigator specializing in the financial sector, with a keen expertise in restructuring and insolvency matters.
Simon's proficiency in managing cases related to the WHOA, also known as the Dutch Scheme, is noteworthy. His expertise extends to a variety of legal challenges in the financial sector, including disputes over financial products, the duty of care (zorgplichten), and enforcement by regulators. He is also experienced in providing strategic advice to directors on their potential liabilities in the face of impending insolvency. With over 10 years experience, Simon is adept at navigating the complexities of both restructurings and high-stakes litigation within the financial sector. He has worked with major international clients across jurisdictions and in multiple sectors including financial services, shipping and retail.
Practice areas
- Disputes
- Financial services litigation
- White-collar defense and global investigations
Sectors
- Banks
Selected experience
- Representing a shipbuilding company on two restructurings of the group in 2020 and 2023, including giving board advice and defending a WHOA plan before the courts against opposition from a syndicated lender.
- Representing a shipping company in the restructuring of its group including defending a WHOA plan before the courts against opposition from the shareholder and a creditor.
- Representing RCF Lenders in the restructuring of the HEMA Group, including defending an enforcement of a share pledge before the courts.
- Representing a Dutch bank in proceedings started by the former shareholder after a debt-to-equity-swap and insolvency of a group of companies.
- Representing a Dutch bank in multiple (court) cases relating to the termination of banking relationships.
- Representing an insurer in proceedings before the Dutch courts on a mis-selling claim of unit-linked insurance products.
Education
- Dutch law, Radboud University Nijmegen 2013
Admissions
- Admitted as advocaat, Netherlands, 2014
- Listed in the register of legal practice areas of the Dutch Bar Association for insolventierecht (Insovency law).
Languages
- Dutch
- English