Background - Practices (Details)

Dispute Resolution

Contacts

Dispute resolution is at the heart of Crowell & Moring’s Brussels practice. We are uniquely placed to help our clients either prevent or resolve their legal disputes through negotiation, alternative dispute resolution (ADR), or litigation.

Our Brussels lawyers have experience litigating in a large number of different areas. We focus in particular on commercial litigation and other litigation involving intellectual property, information technology, telecommunications, the automotive sector, media, and the Internet.

Backed by the resources of our global, full-service law firm, our Brussels lawyers operate with the flexibility of a boutique law firm to help both domestic and international clients define their commercial and strategic interests in cases of legal conflict. Our aim is to safeguard our clients’ interests while causing as little disruption as possible to their core businesses.

Prevention Rather Than Cure

Our approach to dispute prevention is pro-active, creative and pragmatic: there is little benefit in developing litigation strategies for matters that are likely to be decided in an opponent’s favor. The fact that we are litigators first and foremost allows us to assess the strengths and weaknesses of a client’s position. As a result, we often help our clients either to avoid a conflict entirely or to prevent it escalating.

Result-Orientated Litigation

Sometimes, of course, there may be good reasons to take a legal dispute to court. Clients can rely on our result-driven attitude and our experience as litigators to favorably resolve what can often be highly complex matters. In addition to our local Belgian capabilities, our litigators have been involved in a number of cases concerning parallel litigation in different jurisdictions and European cross-border issues. Our success is guaranteed by our extensive network of independent lawyers across Europe and the backing of our Crowell & Moring colleagues around the world.

ADR Experience

We counsel clients in complex domestic and international arbitrations, with a particular focus on cases related to intellectual property (involving both patents and trademarks), information technology and the Internet.

We have represented clients in arbitration procedures before such bodies as the International Chamber of Commerce and the Belgian Arbitration and Mediation Center. Several of our lawyers have themselves been appointed as arbitrators or mediators in international and local ADR proceedings.

Our Team

Werner Eyskens in Chambers Europe: 'Werner Eyskens assists clients as counsel with substantial multinational arbitrations including contractual disputes, post-M&A proceedings and construction issues. He is lauded by sources for his "incredibly pleasant manner," and for being "an extremely effective advocate and cross-examiner."

Kristof Roox in Legal 500 EMEA Dispute Resolution: The firm’s senior partner Kristof Roox is well known and very well respected. There is a reason why many of the country’s most sensitive and complex disputes find their way to his desk. He knows how to deliver results, both in and out of the courtroom.’

Thomas De Meese in Chambers Europe: 'Thomas De Meese has a broad practice advising clients on complaints before the BCA, merger clearance procedures and damages litigation. He is praised by clients for being "straight to the point and giving very practical answers," as well as being "very responsive and business-oriented."

Emmanuel Plasschaert in Legal 500 EMEAHe is “highly regarded” for dispute resolution and “a strong litigator” 

Jan-Diederik Lindemans in Legal 500 EMEA Dispute Resolution: 'Jan-Diederik Lindemans knows how to combines strategy, simplicity and originality. It is truly impressive to see him at work in contentious matters, where he always seems at least two steps ahead of his adversary‘.

Representative Matters

  • Assisted an industrial manufacturer in a claim for compensation for approximately 5.5 million euro in damages brought by the adverse party on the basis of an alleged hidden defect in industrial machinery sold by our client.
  • Represented the Belgian government in a high-profile case concerning short-stay visas and the correct application of Belgian immigration law.
  • Represented a major telecommunications services provider in arbitration concerning termination of a software development contract; brought nullity proceedings against the arbitral award.
  • Represented a major player in the automotive sector in cases linked to claims related to fraudulent emissions software.
  • Represented a laminate flooring producer in arbitration concerning breach of license agreement for alleged patent infringement; brought nullity proceedings against the arbitral award.
  • Challenged the European Commission before the CJEU on its classification of “reverse payment” patent settlement agreements as cartel-like per se.
  • On behalf of a U.S. client, obtained the disclosure of its adversary’s banking documents in judicial proceedings involving a €3 million claim.
  • Brought infringement, invalidity, and related proceedings on behalf of major pharmaceutical companies concerning vaccines and generic medicinal products.
  • Since 2013, Crowell & Moring lawyers have been involved in more than 40 cases before the CJEU.