Mr. Theodoor Bakker FCIArb is the firm’s Senior Foreign Counsel.
After some 35 years in legal practice, his practice encompasses project finance and development, banking and finance, corporate / commercial, mergers and acquisitions, and foreign direct investment (FDI). He also has extensive experience and expertise in restructuring and insolvency, shipping, aviation, and technology, media and telecommunications.
Theodoor graduated from Leiden University in the Netherlands, is admitted to the Amsterdam bar and is a registered Foreign Lawyer under the Indonesian Advocates Law. He has worked in Southeast Asia since 1984, over time building up a wealth of experience in foreign direct investment, project finance, including private power, aircraft finance, infrastructure development and general manufacturing investment.
Between 2000 and 2006, he combined his position in ABNR with a partnership and country head at US-based global law firm White & Case.
During the Asian financial crisis, he was involved in many aspects of restructuring and insolvency and has advised on complex foreign law issues of bankruptcy reform in Indonesia. His practice now also encompasses structured finance and mergers and acquisitions. His clients include or have included International Finance Corporation, Asian Development Bank, Goldman Sachs, JP Morgan Chase, Morgan Stanley, Merrill Lynch, BNY Mellon, Nomura, ANZ, Natixis, DAIWA, Scotia Bank, KfW, Commonwealth Bank, AFD, Fitch Ratings and other major banks and financial institutions. In the investment management industry his clients include Vanguard. His aviation finance clients include Air Lease Corporation. His sovereign wealth fund clients include Qatar Investment Authority. In the financial markets data and infrastructure sector, he advises LSEG subsidiary Refinitiv. In the offshore services industry he represents Petroserv subsidiary Universal Energy Resources. In the hospitality industry he has represented Kempinski and Melia.
He is currently Indonesian counsel to the objecting noteholders in relation to the Chapter 15 Petition for Recognition of a Foreign Proceeding process initiated by PT Bakrie Telekom Tbk (BTEL) in the United States Bankruptcy Court Southern District of New York in connection with BTEL’s approx. USD 785-million court-supervised debt restructuring in Indonesia – as part of his representation, he prepared expert declarations on Indonesian restructuring and insolvency law for the New York court. Other significant matters that he has worked on include the USD 4.5-billion Bumi Resources global debt restructuring (the largest such deal in Southeast Asia in 2017 and one of the most complex deals of its kind ever in the region); the USD 2-billion Indonesian court-sanctioned debt restructuring of PT Berlian Laju Tanker Tbk (BLT), one of the longest and most complicated court-sanctioned restructuring processes ever in Indonesia; and the Indonesian aspects of Expro International Group Holdings’ USD 1.4 billion global debt restructuring. He was recently inducted into the Legal 500 Asia Pacific Hall of Fame for his restructuring work, one of only two holding that position in Indonesia.
He is an active international commercial arbitrator registered at BANI, SIAC and HKIAC. He is Vice Chairman of the Arbitration and Mediation Section of the ICC Indonesia Board and a member of the ICC Commission on Arbitration and ADR.
Over his 35 years in Indonesia, he has published many in-depth articles on insolvency, cross-border investment issues and arbitration, and teaches at the Faculty of Law of the University of Indonesia, the Ministry of Law and Human Rights, and private universities throughout Indonesia.
He was listed as one of Indonesia’s top-100 lawyers by Asia Business Law Journal (May 2020 ed.), marking the third year in a row (2018-2020) that was so recognized.
He was until recently Vice Chairman of the EU-ASEAN Business Council, where he represented EuroCham Indonesia, on whose Executive Board he has served since its inception.