Prof. Dr. Bastiaan F. Assink specialises in corporate/commercial arbitration and litigation. He primarily acts as counsel to national, foreign and multi-national parties in high value matters that typically involve complex questions of company law and private law, including claims under commercial/M&A contracts, shareholders' disputes, failed joint-ventures, directors' and shareholders' liability, veil piercing, standing in investment arbitration, and issues of corporate governance. Bastiaan has experience, both on the offensive and the defensive side, in dealing with domestic and international arbitration proceedings under most of the leading arbitration institutes' rules (e.g., ICC, NAI, SIAC, UNCITRAL) and with proceedings before national courts, including summary proceedings, the Enterprise Chamber of the Amsterdam Court of Appeals and the Dutch Supreme Court.
Recent work includes the representation of:
- a bank in NAI arbitration proceedings against another bank involving a restructuring dispute;
- an energy company in multiple related inquiry proceedings before the Enterprise Chamber and the Supreme Court in a shareholders' dispute;
- a topholding in ICC arbitration proceedings and related summary proceedings litigation in a shareholders' dispute;
- a municipality as creditor in director liability proceedings before the District Court and the Court of Appeal;
- a Chinese online media company in NAI arbitration proceedings against a Dutch software company involving a joint-venture dispute;
- a South-African trading company as creditor in director liability proceedings before the Supreme Court;
- shareholders and directors in inquiry proceedings before the Supreme Court;
- Singaporean/Indonesian companies in SIAC arbitration proceedings against a Philippines conglomerate involving a joint-venture dispute;
- directors in director liability proceedings before the Supreme Court;
- a company and its directors/shareholders in NAI arbitration proceedings and related summary proceedings litigation against a former director/shareholder involving its exit from the partnership;
- an Italian energy company against a Dutch gas provider in a gas price revision in UNCITRAL arbitration proceedings.
Bastiaan joined NautaDutilh in 2002. He is also professor of company law at the Erasmus University Rotterdam since 2009. In this capacity Bastiaan also serves as director of the Company Law Institute of the Erasmus University Rotterdam and the University of Groningen. An overview of his academic publications and teaching activities is available at www.thedefiningtension.com. In addition, Bastiaan serves as deputy justice in the Arnhem-Leeuwarden Court of Appeals since 2012. In this capacity he regularly deals with especially company law and private law related matters from the bench, as these are presented to the court in the appeals phase of litigation. Further, Bastiaan serves as Secretary General of P.R.I.M.E. Finance (the global arbitration institute for the financial markets) and member of the editorial board of WPNR since 2018.
Bastiaan obtained his law degree (masters in business law and private law) at the University of Groningen in 2002, his arts degree (master in American studies) at the same university in 2003, and his PhD degree (cum laude) at the Erasmus University Rotterdam in 2007. He was seconded as law clerk at the Delaware Supreme Court and the Delaware Court of Chancery (with a focus on corporate litigation) in 2008.