Dr. Jan Kraayvanger

Construction and Engineering Disputes

• Representing a contractor in a EUR 110m German courts dispute against an employer concerning the construction and commissioning of a data centre in Germany. The dispute involves issues of delays and variations. In addition, we advised on strategic issues in the ongoing parallel settlement discussions.
• Representing a European chemical and engineering company, which built a chemical plant in the US under a turn-key contract, in several ICC arbitration proceedings seated in London, commenced by the employer in relation to a claim valued at USD 80m and concerning an explosion at the plant caused by the failure of the emergency shut down system.
• Representing the contractor in an ICC arbitration regarding damage claims arising from an IT outsourcing project in the aviation industry of EUR 75m.
• Representing the contractor in a CIETAC arbitration concerning warranty claims arising from an allegedly defective production line which was delivered to and installed in China. The value of the production line was EUR 65m.
• Representing the contractor in an ICC arbitration regarding delay damages in connection with the engineering and construction of a chemical plant in Brazil. The damages exceeded EUR 17m.
• Strategic advisory role in a EUR 320m Dutch court dispute between a contractor (the client) and the employer (the airport operator). The dispute concerned the construction of a new pier, Pier A, of Schiphol airport in the Netherlands. The dispute involved a wide range of claims including claims for payment for additional works, counterclaims from the employer, hinderance, disruptions and delays, penalties. The role involved assessment of expert technical and legal evidence and putting together an effective litigation strategy.
• Representing a construction consortium in a multi-million arbitration claim arising out of a high-value airport construction contract in the Middle East before the Dubai International Arbitration Centre (DIAC).

Post M&A and Warranty & Indemnity (W&I) Disputes

• Representing the primary W&I insurer in a dispute regarding the acquisition of a large Austrian packaging manufacturer. The claimed losses were above 350m, exceeding the limit of the tower. We were able to negotiate a very favourable settlement, thereby avoiding arbitration.
• Representing two layers of W&I insurers in two consecutive DIS arbitration proceedings and court proceedings concerning claims for breaches of warranties related to the acquisition of a sanitary ware manufacturer including its Chinese business by a Japanese buyer. The claims exceeded the limit of the tower of EUR 250m.
• Representing a global US specialty chemicals development and manufacturing company as the seller of a large chemical plant in the east of Germany in a DIS arbitration concerning multi-million EUR claims for a large number of alleged breaches of warranties related to the sale of the plant.
• Representing the buyer (a private equity company) of a life sciences company comprising several business divisions in a DIS arbitration regarding claims for breaches of warranty and fraud in relation to the acquisition of one of these business divisions.
• Representing a global automotive manufacturer in multiple separate DIS and ad hoc post-M&A disputes regarding IP infringement, breach of warranty and other claims.
• Representing the primary W&I insurer in a dispute concerning claims for breaches of warranties exceeding EUR 30m related to the acquisition of a company holding and maintaining fiber optic networks in various German cities and regions.
• Representing the primary W&I insurer in a dispute concerning claims for breaches of warranties exceeding EUR 60m related to the acquisition of a large care provider for elderly people.
• Representing an excess W&I insurer in a dispute concerning claims for breaches of warranties of EUR 300m related to the acquisition of an international logistics and transportation company.

Financial Services and Restructuring Disputes

• Representing a global credit institution against compensation claims related to bankruptcy proceedings with a dispute value of EUR 580m.
• Representing two credit institutions in proceedings against HETA Asset Resolution AG, with claims amounting to EUR 350m.
• Representing a Swiss investment bank in litigation before the Regional Court of Leipzig against a municipal company, involving financial product claims exceeding EUR 300m.
• Representing various Asian corporations in connection with the bankruptcy proceedings of Lehman Brothers Bankhaus AG, involving claims valued at EUR 250m.
• Representing a Mongolian mining company in a DIS arbitration against claims under funding facilities exceeding USD 80m.

Professional and Management Liability

• Representing multiple insurers on complex professional liability insurance coverage issues arising from cum-ex transactions, with exposure values of EUR 195m and EUR 800m respectively.
• Representing a leading construction company in multi-jurisdictional management liability proceedings against former executives, addressing intricate cross-border legal and factual challenges, including tax fraud.
• Representing a construction company against a former managing director who had used funds of the company to support his private business over more than 5 years, involving a large number of individual misappropriations.
• Representing a 1^st tier automotive supplier against a former managing director, who had misappropriated company funds, before the Regional Court of Stuttgart.
• Advising multiple insurers in a EUR 200m litigation related to allegedly wrongful legal advice of a UK law firm vis-à-vis the Woelbern Funds.
• Representing a US law firm in litigation brought by investors relating to a EUR 50m claim for allegedly wrongful legal advice in connection with the preparation of fund prospectuses.
• Advising the primary D&O insurer in a dispute of a Swiss bank against its former managing partner claiming damages of more than EUR 800m.

Notable Engagements as Arbitrator

• Arbitrating a DIS arbitration regarding the lease agreement of a car dealer.
• Arbitrating an international ad-hoc arbitration regarding claims under a technology transfer agreement.
• Arbitrating an international DIS arbitration regarding the termination of a managing director service agreement (as chairman).
• Arbitrating an international DIS arbitration regarding compensation claims of a managing director (as chairman).
• Arbitrating an international DIS arbitration regarding claims under a product license agreement.
• Arbitrating a DIS arbitration regarding a post M&A dispute (as chairman).

Other Notable Engagements

• Representing an Asian solar power producer against a Germany based multinational technology and engineering company in a DIS arbitration arising out of a long term power delivery contract and relating to the price fluctuations mechanism for past and future deliveries with the total value of the claim in excess of EUR 20m.
• Representing three German and Russian gas and oil corporates in several multi-billion EURO disputes against a US gas and oil corporate regarding the exploitation of the Jushno-Russkoye gas field in Siberia/Russia.