Gertjan Boekraad

I am Gertjan Boekraad Litigation specialist

Gertjan Boekraad

Gertjan specialises in complex commercial litigation. In legal proceedings, he represents a range of both national and international clients from financial institutions to leading businesses.

His practice involves a broad range of civil liability issues, including disputes about various types of contracts, tort litigation – frequently with a substantial technological element – professional liability disputes, and banking and securities litigation. 

Gertjan is also an insolvency expert and litigates about issues such as the validation of claims, fraudulent preference and director's liability.

Gertjan has written numerous articles and case comments on insolvency and civil law issues. He also lectures at several academies for post-graduate education on civil law and insolvency law.

In 1997 he obtained a PhD from the University of Nijmegen for a doctoral thesis on the settlement of the bankruptcy estate.

  • Languages: Dutch, English
  • Admitted to the Amsterdam Bar: 1997
  • Partner since: 2005


  • 13.11.2018 NL law
    Stibbe represents bankruptcy trustees Slotervaartziekenhuis in dispute with medical specialists

    Experience - In summary proceedings against the bankruptcy trustees of the Slotervaartziekenhuis on Friday 9 November 2018, a group of medical specialists claimed they had been given insufficient time to make an offer to take over the bankrupt Slotervaartziekenhuis. The specialists applied to postpone the matter until 19 November 2018 to submit an offer and to prohibit the bankruptcy trustees from selling assets in the meantime.

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  • 17.02.2014 NL law
    Stibbe advises ProRail

    Experience -   Advising and representing ProRail, the owner and manager of the Dutch railway infrastructure, in several liability disputes related to train incidents, some of which are subject to litigation. These matters are often complex due to the involvement of multiple parties (including rail operators and authorities), the nature and size of the damage (e.g. damage to trains and infrastructure) and the industry's high level of regulation.    

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  • 17.02.2014 NL law
    Stibbe advises Indover Bank

    Experience -   Representing the trustees of Indover Bank in a major dispute with Bank Indonesia. Indover Bank was a Dutch merchant bank and a 100% subsidiary of Bank Indonesia, the central bank of the Republic of Indonesia. Indover Bank was declared bankrupt in December 2008. In legal proceedings before the District Court of Amsterdam, the trustees refuse the validation of a claim from Bank Indonesia to the amount of EUR 43 million and have submitted a counterclaim of at least EUR 71 million. According to the trustees, Bank Indonesia breached a guarantee under which Bank Indonesia had obliged itself to enable Indover Bank to meet its obligations.  

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  • 17.02.2014 NL law
    Stibbe advises ING Bank

    Experience -   Representing ING Bank in a contractual dispute with a market maker company.  In proceedings before the District Court of Amsterdam, the market maker company claims to have suffered losses as a result of an alleged failure to supply a sufficient quantity of securities through a clearing institution in the early 1990's.   

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  • 17.02.2014 NL law
    Stibbe advised Nationale Nederlanden

    Experience -   Stibbe represented the liability insurer Nationale Nederlanden in a dispute between the insured party, a partnership of accountants, and one of its former clients. The client had acquired a group of companies and claimed he had not been properly advised by the partners involved in the acquisition. The matter was subject to litigation but was settled in the fall of 2013.  

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  • 22.01.2013 NL law
    Stibbe advised Bombardier Transportation

    Experience -   Successfully defended the global train manufacturer Bombardier Transportation in a dispute with the Israeli insurance company Phoenix. The dispute related to two fire incidents that occurred in Israel in 2001,  involving trains supplied by Bombardier Transportation to the Israeli railway company. Phoenix, the railway company's insurer, claimed damages from Bombardier Transportation. Phoenix' claims were held unfounded and were therefore fully and finally dismissed by both the District Court and the Court of Appeal in The Hague, with a final decision of 22 January 2013.  

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04.07.2019 NL law
Audit firms and accountant's duty of care towards third parties

Short Reads - The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law, and ultimately depends on the circumstances of the case. However, the role of accountants in society, their responsibility to serve the general interest, and rules of professional conduct and practice play an important role.

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12.02.2015 NL law
Voldoening van boedelvorderingen

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31.03.2014 NL law
Pauliana en nieuw krediet

Articles - Noot in Ondernemingsrecht bij arrest HR inzake Roeffen q.q./Jaya, Faillissementspauliana: geen vermoeden van wetenschap van benadeling bij het bedingen van zekerheid voor nieuw krediet

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05.02.2018 NL law
Wetsvoorstel aanvullende maatregelen accountantsorganisaties: alsnog overgangsrecht bij verlengde termijn voor tuchtklachten

Short Reads - In onze Alert van 20 juli 2017 hebben wij aandacht besteed aan het op 10 februari 2017 ingediende wetsvoorstel aanvullende maatregelen accountantsorganisaties ("Wetsvoorstel"). Een van de voorgestelde maatregelen in het Wetsvoorstel is het laten vervallen van de thans in art. 22 van de Wet tuchtrechtspraak accountants ("Wtra") opgenomen "subjectieve vervaltermijn".

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