Dispute Resolution, Restructuring and Insolvency

Gerben Smit

Partner

Phone +31 20 530 52 02
Mobile +31 6 30 01 65 05
Email gerben.smit@stek.com
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Gerben is a very experienced litigator and co-heads the Dispute Resolution group. His practice covers the full range of corporate and commercial dispute resolution, with an emphasis on M&A related disputes, directors’ and professional liability, banking and finance litigation and tort and contractual liability. Gerben also has ample experience in representing shareholders, corporate entities and (supervisory)directors in corporate disputes before the Enterprise Chamber of the Amsterdam Court of Appeal (Ondernemingskamer). Gerben is a quick and strategic thinker who is able to find pragmatic and commercially driven solutions for his clients.

Recognitions

After being recognized as “One of Europe’s forty outstanding up and comers 2014” Gerben has been listed by Chambers already for 10 years in a row.

Legal 500 – Dispute Resolution

  • “Gerben Smit is a very experienced and trusted lawyer. He is also a great negotiator with great commercial awareness.“ (2024)
  • “Unwavering guidance, strong communication, level headedness, and all-around good humor and positivity in working with a global company with many personalities and requirements.” (2024)
  • “Gerben Smit is a highly skilled litigator. Responsive, with great strategic advice. A sharp thinker who is very quick to understand a complex matter.” (2023)
  • “Gerben Smit is a quick thinker who provides excellent strategic advice.” (2022)
  • “Legal technical excellence, punctual, reliable, delivering progress briefs adequately and frequently, and keeping them brief and informative.” (2021)

Chambers Global – Dispute Resolution

  • “Energetic, really involved, straightforward and very sharp.” (2024)
  • “A quick and strategic thinker with outstanding litigation skills.” (2021)
  • “A smart litigator with great commercial awareness. He takes the lead in a natural and convincing way, combining in-depth legal knowledge with an entrepreneurial spirit. He is solution-driven and keeps the ultimate goal in mind.” (2018)
Career
  • Partner at Stek (2010 – today)
  • Legal Counsel at Emergya Wind Technologies (2009 – 2010)
  • Lawyer at Allen & Overy (2003 – 2009)
Highlighted matters
  • representing a large Polish real estate investor in cross border (arbitration and court) proceedings related to a real estate transaction of EUR 1 billion, in which conservatory prejudgment attachments were successfully levied in Poland;
  • representing a large travel company in summary proceedings before the Amsterdam District Court and the Amsterdam Court of Appeal claiming specific performance of Closing under a SPA;
  • representing Intertrust and Mesdag (Delta) as issuer of bonds in a >EUR 635 million CMBS-transaction, in complex proceedings against leading US hedge funds relating to the interpretation of the CMBS-documentation;
  • representing a foreign governmental body in investigation and recourse actions following a large external fraud case;
  • representing LitFin in bringing several claims for damages against DAF N.V. before the Amsterdam District Court in relation to the Truck Cartel;
  • representing an international financial institution in several discovery and damages proceedings;
  • representing a major American airline in third party indemnification proceedings brought forward by KLM et all in the main civil damages claim proceedings in the Netherlands related to alleged cartel arrangements in the air cargo industry;
  • representing a leading European company in the supply chain management in arbitration proceedings related to the validity and enforceability of certain call and put options laid down in a shareholders agreement;
  • representing one of the largest energy suppliers in the Netherlands in a major M&A dispute; and
  • representing the bankruptcy estate of Thomas Cook Nederland B.V. in high-profile litigation (including discovery proceedings) against one of its former agents claiming damages from the alleged non-performance and termination of contract.
"Energetic, really involved, straightforward and very sharp"
Dispute Resolution - 2024