Education

  • University of Namur, Bachelor of Law (1990)
  • Catholic University of Leuven, Master of Law (1993)
  • Northwestern University Pritzker School of Law, LL.M. (1994)
  • Free University of Brussels (Université Libre de Bruxelles), Graduate degree Air and Space Law (1999)

Admissions

  • Belgium

Werner Eyskens

Partner
weyskens@crowell.com
+32.2.214.2870 (office)
+32 (497) 51 47 50 (mobile)

Werner Eyskens is a partner in Crowell & Moring’s International Dispute Resolution Group. He has almost 30 years of experience in commercial litigation, mostly in matters with an international setting, with a strong focus on arbitration.

He has conducted numerous arbitrations under CEPANI, ICC, LCIA, ICSID, and SIAC, and regularly sits as an arbitrator. He has a wide experience in acting for major players in the international construction industry and in the aviation industry.

Over the past 15 years, Werner has consistently been recommended by Legal 500 and Chambers for litigation and arbitration.



Affiliations

Admitted to practice: in Belgium



Representative Engagements

As an arbitrator:

  • Sitting as sole arbitrator on a distributorship dispute (CEPANI, Belgian law)
  • Sitting as chairman in a post M&A claim in the real estate industry (CEPANI, Belgian law)
  • Sitting as sole arbitrator in a dispute on the termination of a consultancy agreement with an international public institution (ad hoc)
  • Sitting as chairman in a post M&A claim in the insurance industry (CEPANI, Belgian law)
  • Sitting as chairman in a dispute on insurance pay out coverage in relation to infrastructure works (ad hoc)

As legal counsel:

  • Representing a European logistics group in CEPANI arbitration proceedings on alleged breaches of representations and warranties of a share purchase agreement with a private equity investment fund, including ensuring set aside proceedings.
  • Representing a major Belgian infrastructure asset operator in an LCIA arbitration between its institutional joint venture shareholders regarding claims for breaches of confidentiality obligations under the various shareholder agreements.
  • Representing a Luxembourg Owner in ICC and SIAC arbitration proceedings against a Korean shipyard and against Korean banks under related bank guarantees. These arbitration proceedings involved SIAC emergency arbitration proceedings and Seoul court proceedings.
  • Representing an ABInbev group entity in a beverages distribution dispute (ICC, Belgian law)
  • Representing a marine construction company in relation to the Panama Canal enlargement works (ICC, Belgian law)
  • Representing a marine contractor on claims under charter party agreements (ASA, Swiss law)
  • Representing a seller on claims for breaches of warranties under an SPA for shares in publicity and press distribution industry (CEPANI, Belgian law)
  • Representing a joint venture in relation to breaches under a construction agreement with a Korean shipyard and pay out claims under bank guarantees (SIAC and ICC, English law)
  • Representing a marine contractor on marine construction works in the Philippines (ICSID)
  • Representing a contractor on claims for breaches of warranties under an SPA for the sale of an on shore construction business (CEPANI, Belgian law)
  • Representing an off shore contractor on claims against a shipyard for breach of a construction agreement for a cable lay vessel (ICC, English law)
  • Representing an airport infrastructure operator on claims for breaches of confidentiality obligations (LCIA, Belgian and English law)
  • Representing PE investors as purchasers on claims for breaches of warranties under an SPA for the sale of a global auxiliary power unit business (CEPANI, Belgian law)
  • Representing a PE investors as sellers on claims for breaches and warranties under SPA for sale of OTC pharmaceuticals business (CEPANI, Belgian law; this is the largest claim ever brought in CEPANI administered proceedings)
  • Representing a listed marine brokerage business on the termination by an Argentine oil & gas company of a service and charter agreement of an liquefaction vessel (LCIA, including emergency arbitration proceedings, English law)
  • Representing a west African port operator on defects in the construction of a break water structure (ICC, Benin law)
  • Representing a multinational off shore operator on delays and construction incidents under a construction agreement with a Chinese shipyard and a German crane manufacturer (SIAC, English law)


Speeches & Presentations

  • "Complex Delivery in international construction projects," BVBR/ABDC Annual Congress (June 2022). Presenter: Werner Eyskens.


Publications

  • "Brussels first instance court sets aside an investment treaty award for wrongfully finding a FET breach through denial of justice," Kluwer Arbitration Blog (April 2022). Author: Werner Eyskens.
  • "CEPANI Rules 2020 and NAI Rules 2022 – What you see is what you get?" The CEPANI and NAI Approach Towards Topical Trends In Arbitration (April 2022). Author: Werner Eyskens.
  • "Dispute resolution in a vacuum? Arbitration’s role in resolving space disputes," A Year In Arbitration, Allen & Overy Review (2022). Author: Werner Eyskens.
  • "Third party funding in arbitration: Belgian state of play in a comparative perspective," Liber Amicorum Cepani, pp.121-136 (2019). Author: Werner Eyskens.
  • "Procedural interplay between investment arbitration and criminal proceedings in the context of corruption allegations," b-Arbitra | Belgian Review of Arbitration, Volume 2018, Issue 1, pp. 7-40 (2018). Author: Werner Eyskens.
  • "Splitting the bill of CEPANI arbitrations: the Belgian art of Compromise?" b-Arbitra | Belgian Review of Arbitration, Volume 2017, Issue 1, pp. 7-34 (2017). Author: Werner Eyskens.
  • "Chapter 7: Belgium," The International Comparative Legal Guide to Class & Group Actions (2011). Author: Werner Eyskens.
  • "La class action et le droit belge, va-et-vient de part et d’autre de l’Atlantique," Journal des Tribunaux, pp. 481-488 (2008). Author: Werner Eyskens.
  • "Class and Group Actions 2009: Belgium," Global Legal Group Publication (2008). Author: Werner Eyskens.
  • "Current and Future Issues Relating to Slot Management and Mobility in the European Union," Air & Space Law, Issue 2, pp. 79-113 (2004). Author: Werner Eyskens.
  • "The Montreal Convention: analysis of some aspects of the attempted modernisation and consolidation of the Warsaw System," Journal of Air Law and Commerce, Volume 66, Issue 3, 1155 (SMU Law Review Association) (2001). Author: Werner Eyskens.
  • "Formation of contract under the Vienna Convention," International Business Law Practice Series (1999). Author: Werner Eyskens.
  • "La récupération des aides d’Etat contraires au traité CE," Journal des Tribunaux droit Européen, pp. 145-152 (1998). Author: Werner Eyskens.
  • "La récupération des aides communautaires contraires au traité CE," Journal des Tribunaux droit européen, pp. 73-80 (1998). Author: Werner Eyskens.
  • "Geluidsoverlast rond luchthavens in België en i.h.b. Brussel-nationaal: een stand van zaken [Noise hindrance around airports in Belgium and in Brussels Airport in particular: a state of affairs]" Vervoer & Recht, pp. 53-64 Author: Werner Eyskens.


Press Coverage