Biography
Jouke Brada is an experienced legal counsel, who has established a remarkable career, focusing on both domestic and international cases.
Jouke Brada has operated his own law offices and collaborated with various partners. Currently, he practices his legal expertise in various countries, including the Netherlands, Switzerland, and the United States.
International Focus
After successfully completing his legal studies, Jouke Brada, along with his business partner, ventured into starting a commercial law firm, approaching each case with a lot of enthusiasm, many of which had an international dimension to them.
The firm experienced rapid growth, offering the opportunity to further expand his expertise, he decided to establish a firm specializing in securities law. Driven by his passion and knowledge of financial markets, he partnered with someone equally specialized in this field. This partnership allowed him to provide high-level assistance to clients and handle complex international cases. Later on, he joined forces with an American-Israeli entity, reinforcing the international aspect of his work.
Today, Jouke Brada is actively involved in TIB TEC AG, a Swiss company dedicated to harnessing hydrogen as an energy source. His profound understanding of financial markets greatly benefits the company. With a sharp legal mind and an international background, he plays a pivotal role at TIB TEC AG, contributing to the company’s global endeavors.
Guidance Through Complex Legal Layers
Throughout his career, Jouke Brada has consistently dealt with international projects, successfully guiding them to completion. His primary role has predominantly been as an advisor.
For instance, in collaboration with the American Israeli entity, he played a critical role in advising multinational corporations and applying Dutch law. This responsibility extended beyond the Netherlands, as he provided support to companies seeking entry into the American stock exchange while maintaining a Dutch corporate structure.
As a legal advisor, he serves as a coordinator, assisting Dutch companies with complex transactions, such as mergers and acquisitions. Additionally, foreign companies opting for a Dutch corporate structure turn to him for expert legal guidance.
Legal Systems: The Netherlands vs. The United States
Jouke Brada’s coordinating role allowed him to effectively navigate the differences between various legal systems. The Dutch legal system has its roots in Roman law and is renowned for its emphasis on fairness and impartiality. A key feature of this system is the absence of jury trials or any other form of non-legal judgment. This ensures that judges in the Netherlands remain independent and hold lifelong appointments.
In contrast to the Dutch system, Anglo-Saxon legal systems rely on a literal interpretation not only of the law but also of written agreements. Jury trials are frequently employed to establish facts, which can introduce a level of unpredictability in legal outcomes. Additionally, judges in these systems are often in the hands of political trends.
The Dutch legal system is celebrated for its independence from external influences. Judges are carefully selected based on their legal expertise and integrity, allowing them to serve impartially without political pressure throughout their careers. Conversely, the use of jury trials in Anglo-Saxon systems, such as in America, can result in varying interpretations of the law and inconsistencies in rulings. Involving non-legally trained jurors can lead to a lack of expertise in assessing complex legal issues, potentially affecting the predictability of trials.
Arrowhead Capital LLC
Jouke Brada has worked for many years as a legal counsel for a litigation funder at Arrowhead Capital LLC in New York, USA. A litigation funder invests in legal cases that often carry a somewhat higher risk profile. Arrowhead was among the first American funders to venture into Europe and primarily operates in the Netherlands.
“Since 2017, I have played a crucial role in introducing certain practices in the Netherlands. With the introduction of the WAMCA (Mass Damage Settlement in Collective Action Act) in the Netherlands, interest in such cases has grown. The Netherlands is the only country, aside from America, with a class action system.”
The most significant impact of the WAMCA is that when the court appoints a plaintiff as the exclusive representative of a group of injured parties, these injured parties are automatically represented without the need for registration (opt-in system), unless they choose not to be (opt-out system). The defendant is required, by court order, to disclose all customers, subscribers, and the like. “In addition to providing general guidance, my role includes conducting preliminary research into the feasibility of the case, based on Dutch law. I also assess the potential claim options and select the appropriate law firm. If a law firm has already been engaged, I evaluate their performance.”