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Bas Baks

Partner
Attorney-at-law

CMS
Newtonlaan 203
3584 BH Utrecht
PO Box 85250
3508 AG Utrecht
Netherlands
Languages German, English, Dutch

Bas Baks works in our firms Insurance & Litigation practice group. He specialises in insurance and liability matters, with an emphasis on claims in relation to construction related matters and D&O. Bas has experience in various areas of professional liability and product liability (recall, notifying food authorities, recovery). He has experience in advising and litigating on coverage issues, in which capacity he has represented various international insurance companies and multinationals.

In addition to litigating in civil courts, he has experience in arbitration, including the Arbitration Board for the Building Industry and the NAI.

He has also been deputy registrar to the Dutch Board of Discipline.

Bas has been a practising lawyer since 2000. He started out with a large law firm in Rotterdam, then later gained valuable experience as in-house counsel for a multinational in Eindhoven. He also worked as an intern in the insurance and re-insurance business at CMS Cameron McKenna in London. In June 2009, he completed a post-graduate course in Business and Liability at the Grotius Academy.

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‘Personally, I prefer to work with Bas Baks. He is an excellent lawyer with a great eye for detail but with a healthy level of pragmatism. By keeping things simple and focusing on the end goal, Bas is able to take control over situations in the short-term. During client meetings Bas sometimes observes for a while and then comes back with great analysis but without spending too many words or too much time on it. Bas really is a professional and stands out in this area.‘

The Legal 500 EMEA, 2020

Bas Baks is noted for his impressive cross-border practice, especially with London.

Chambers Europe, 2020

Bas Baks is recommended.

The Legal 500, 2019

"Very user-friendly and has a positive outlook on life, which is reflected in his work product."

Chambers Europe, 2019

Relevant experience

  • Litigation on behalf of a university against (sub) contractors, car and property insurers regarding “material damage” from flooded ICT cables and resulting transmission quality issues.
  • Litigation/arbitration against employers and car insurers over disputes about defective materials/Professional Indemnity unclear designs/faulty workmanship and other related issues.
  • Litigation/arbitration in relation to coverage aspects of a number of large D&O/Professional Indemnity claims.
  • Litigation/arbitration on behalf of a construction company against car insurers regarding “material damage” caused by slags. 
  • Drafting car policies for insurance companies.
  • Advising regularly on the indemnity and insurance provisions relating to construction and PFI projects.
  • Litigation on behalf of a university on coverage issues under consequential loss cover in relation to material damage in a power plant. 
  • Ongoing advice to several insurers regarding specific questions relating to coverage under property, Professional Indemnity and car policies (e.g. exception for third-party owned property, material damage and all its sub-questions, salvage costs etc.).
  • Proceedings between various contractors and insurers in connection with liability for delayed construction projects and the underlying policy cover.
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Education

  • Commerce and Liability, Grotius Academy for Post-Graduate Law Studies
  • Dutch Law, Utrecht University
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Memberships

  • Insurance law Association
  • Lecturer Liability and Insurance Law for the Stichting Opleiding Advocaten Arrondissement Utrecht
  • Technical Insurance Professionals Club (Beurs Club Technische Verzekeringen)
  • Causarie
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31 January 2018
Ten things every in­surer should know
01 October 2018
Dutch court al­lows Se­cur­it­ies claims against Brazili­an Pet­ro­bras and D&O's
On 1 Septem­ber 2018, a Rot­ter­dam court al­lowed a Dutch claim vehicle to sue the Brazili­an com­pany Pet­ro­bras, its Board of Ex­ec­ut­ive Of­ficers and its Dutch sub­si­di­ar­ies Pet­ro­bras Glob­al Fin­ance (PGF),...
04 April 2017
Con­sumer or­gan­iz­a­tion claim against NN Group amount­ing to bil­lions 
On 27 March 2017, two con­sumer or­gan­iz­a­tions, de Con­sumenten­bond and Sticht­ing Wak­ker­pol­is, in­sti­tuted col­lect­ive ac­tions against NN group. The con­sumer or­gan­iz­a­tions claim to rep­res­ent 500,000 cli­ents...