Is the equity arrangement insolvency-proof?

Legal news

The equity arrangement (also referred to as the reciprocal security arrangement) is often used by financial institutions as a form of security.  The intention of the equity arrangement is to fully utilise the rights of pledge provided by the debtor for the claims of multiple financiers. Can such a construction also stand up to scrutiny in an insolvency situation? The Dutch Supreme Court gave its opinion on this in a ruling of 16 October 2015 (ECLI:NL:HR:2015:3023).