Floor Eikelboom
Counsel
Floor is a senior associate at bureau Brandeis. He specializes in litigious matters, particularly corporate litigation and the enforcement of claims, judgments and arbitral awards. His cases typically arise out of close business relations – such as joint ventures – that have turned sour.
This has lead to a wealth of experience with the (legal and non-legal) issues that surround such relations and their termination, in particular shareholders’ rights and obligations, directors’ liability, corporate governance, forced sale of shares and shareholders’ loans and agreements.
Floor Eikelboom also has extensive experience in acting as local counsel in large and complex multi jurisdiction disputes. Within this framework he advises and litigates about inter alia the setting aside of arbitral awards, the enforcement of arbitral awards and state immunity from execution.
Floor was amongst others involved in the following matters:
- Floor represented his client in the inaugural proceedings before the Netherlands Commercial Court.
- He defended a director/minority shareholder in proceedings as to whether he had to put his dismissal on the agenda of the shareholders’ meeting. The District Court denied the request of the majority shareholder for a shareholders’ meeting.
- He regularly represents (former) directors of companies that are held liable by the company, its shareholders or a bankruptcy trustee. Recently it concerned a claim by a shareholder who amongst others objected to his dismissal as a director and the subsequent sale of all the assets of the company, a claim by a vocational institution with regard to costs overruns in relation to the construction of new facilities and a claim by a bankruptcy trustee in relation to a payment made days before the bankruptcy. All these claims were denied.
- He represented a bankruptcy trustee in summary proceedings against one of the big four accountancy firms. The court ordered the accountant to hand over the entire audit files. On the basis of this file Floor filed a disciplinary complaint against the concerned accountant. The Accountancy Division subsequently disbarred the accountant. This decision was upheld on appeal.
- He represented the supervisory board in inquiry proceedings regarding a privately held hospital. The Enterprise Chamber declared the applicants inadmissible. The decision was upheld by the Dutch Supreme Court.
Publications:
Floor Eikelboom is a fellow at the Zuidas instituut voor Financieel recht en Ondernemingsrecht (ZIFO) and holds a Ph.D.-degree. His Ph.D.-thesis describes and analyses the effects of the measures that the Enterprise Chamber of the Amsterdam Court of Appeals can grant to remedy the corporate governance of companies incorporated under Dutch law. These measures reorganize to the internal organization of the concerned companies with the aim of correcting their future conduct.
Furthermore, Floor Eikelboom regularly publishes on Dutch and EU Company Law, Dutch Civil Procedural Law and human rights. To see a full list of Floor’s publications (in Dutch), click here.