Marcel Willems | Fieldfisher
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Professional background

Professional background

I am a Contracting and Dispute Resolution lawyer working mostly on cross border cases and having a special focus on insolvency and restructuring related matters. In this area of the law, I have achieved several groundbreaking Supreme Court decisions. Besides being a lawyer I have been a substitute judge at one of the four Courts of Appeal in the Netherlands for more than 25 years, dealing with a wide variety of civil law matters. Also, I have 25 years of experience as an insolvency trustee.
 
My work is centred around three pillars. The first one is litigating and mediating contractual, corporate and liability matters. This concerns, among others, shareholders disputes, breach of contract and actions in tort, such as directors' and officers' liability. The commercial contracting side of my practice involves drafting and negotiating all sorts of contracts aa well as general terms and conditions. The third pillar consists of restructuring all sorts of businesses in a variety of sectors, from start-ups to multinationals, both high-tech and bricks and mortar companies, but also acquiring assets or entire businesses out of insolvency and litigating against insolvency trustees.
 
I love complexity and am renowned for my creative, out-of-the-box thinking and solutions. Each case is unique and deserves a tailored approach, whereby the client's interests always come first.
I have registered the following principal (and secondary) legal practice areas in the Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister): Insolvency Law (Insolventierecht) as principal area, with Bankruptcy (Faillissement) and Suspension of payment (Surseance van betaling) as secondary practice areas.

Based on this registration, I am required to obtain ten training credits per calendar year in Insolvency Law in accordance with the standards set by the Netherlands Bar.
 

 

Education

Education

University of Osnabrück

 1985 – 1986

University of Leiden

1983 – 1985

University of Leiden

1986 - 1987

Experience with Renowned Law Firm

Between University of Leiden and University of Osnabrück. In Berlin I also gained practical experience at the law firm of Finkelnburg, Clemm & Partner (nowadays White & Case)

Notable deals

Notable deals

Attaching shares in a Dutch bank

Attaching shares in a Dutch bank and achieving the first ever forced sale of a bank in the Netherlands

Defending against a hostile takeover attempt

Successfully defending a billion dollar multinational company against a hostile takeover

Restructuring a global business

Restructuring the business of a global player in the automotive sector

Successfully acting for the lead plaintiff in a US class

Successfully acting for the lead plaintiff in a US class action before the Enterprise Chamber of the Amsterdam Court of Appeal in an accounting fraud case against a listed company

Awards & recognition

Awards & recognition

Client

Marcel consistently demonstrates exceptional intelligence, a calm and composed demeanour, and a highly collaborative attitude. He is a true asset to any team and a pleasure to work with.

Thought Leader Restructuring & Insolvency

Lexology in association with Global Restructuring Review 2023, 2024, 2025 and 2026

 

Authored pieces

All Resources
Dispute Resolution
Insight

Linked agreements limit the enforceability of penalty clauses

23.07.2026
A recent Dutch Supreme Court judgment demonstrates how linked commercial agreements can affect the enforceability of contractual penalty clauses, highlighting the importance of aligning termination provisions across connected contracts.
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Public and Regulatory
Insight

Dutch foreign investment screening expands from January 2027

09.07.2026
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A vibrant, abstract image featuring intertwined neon lights in blue, pink, and purple hues against a dark background. The lights form fluid, wavy shapes that create a dynamic and visually stimulating pattern.
Dispute Resolution
Insight

The withdrawal button: Small feature, big legal impact

18.06.2026
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A person in a purple shirt signs a document labeled "CONTRACT" on a white table. Another person stands in the background with their hands clasped. A small white cup is to the left of the contract on the table.
Dispute Resolution
Insight

CJEU confirms: settlement agreements in commercial agency contracts concluded before the end of the notice period are risky

19.05.2026
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Dispute Resolution
Insight

Seizure of evidence and access to documents: two separate routes

14.05.2026
The duty to produce documents allows parties to gain access to relevant documents held by another party. In proceedings where evidence is first seized and access is subsequently sought, the question arises as to how these instruments relate to one another.
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