Frank Kroes is proficient in complex commercial litigation and national and international arbitration.
Frank has extensive experience in general commercial litigation, securities litigation, class actions and competition litigation, and litigation before the Supreme Court. He represents clients from a wide variety of industry sectors before the state courts and in national and international arbitration administered by a range of leading arbitration institutes. His work also covers the energy, construction, chemicals, technology and financial sectors, class actions and competition litigation. Frank appears before the courts of all levels, including the Supreme Court and the European Court of Justice.
Representative Legal 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 litigation before the Supreme Court and, after the Supreme Court's referral to it, before the Court of Justice for the European Union.
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 takeover fight between Barclays and the Consortium, consisting of Fortis, Royal Bank of Scotland and Santander (amount at stake EUR72 billion); continues to act for the Central Works Council in various follow-on cases from the takeover of ABN AMRO by the Consortium and the subsequent takeover 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.
Represented Fairstar N.V. in several court actions against Dockwise relating to Dockwise's hostile takeover of Fairstar.
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).
Represented a currency broker and its directors on a motion for summary judgment in litigation against De Nederlandsche 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 EUR750 million.
Acted in ICC arbitration for a large international electricity company against the contractor in relation to the construction of a power plant, with EUR150 million at stake. Case was won.
Acts for an international energy broker on its defense against a professional negligence claim brought by the Dutch State, with EUR5 million at stake. Case was won.
- Grotius Corporate Litigation
- Consistently recognized lawyer for dispute resolution, Chambers Global 2008-2013
- Consistently recognized lawyer for dispute resolution, Chambers Europe 2008-2013
Professional Associations and Memberships
- Dutch Bar Association (NOvA)
- Dutch Association for Procedural Law
- Dutch Association for Civil Law
- Dutch Association for Corporate Litigation
- Amsterdam~Netherlands (1995)
- University of Amsterdam (Dutch Law) (1995)
- Nijenrode University, Breukelen (Business Administration) (1990)
Presenter, “Class Actions,” Mordanete Congress, 2006
Presenter, “International Arbitration,” MEED Conference, 2007
Author, “Product recall,” Aansprakelijkheid, Verzekering & Schade No. 5/2004
Author, “Product recall, enkele vermogensrechtelijke gezichtspunten” (Product recall, various points of tort law), Vermogensrechtelijke Annotaties, 2005/3
Author, “Consumentautoriteit moet enkel toezicht houden” (Consumer authority should only supervise), Het Financieele Dagblad, 23 November 2006