Evelien Van Espen

Commercial Litigation

• Represented a general contractor in a dispute between a client, a general contractor, an architect and a study bureau. The dispute concerns a claim by a contractor for construction works which suffered significant delay & disruption and re-work as a consequence of design defects which led to the partial collapse of the works. The parties successfully settled their claims after mediation proceedings.
• Represented a sovereign client in Brussels courts proceedings, where Hungary and other EU Member States are sued by Pfizer for payment of substantial amounts under the EUR 34 billion COVID-19 vaccine program Purchase Agreement which was negotiated between the EU Commission and Pfizer. The circumstances of the negotiation of this Purchase Agreement, which was conducted directly between the President of the EU Commission and the Pfizer CEO, was widely reported in the international press.  Pfizer first attempted to have these payment proceedings fast-tracked, but we were successful in convincing the court that the conditions for these fast-track proceedings were not satisfied.  The proceedings are ongoing.
• Represents together with a Crowell team Telenet in the long-running dispute between Telenet and Proximus about Telenet’s acquisition of the cable networks of Interkabel, a group of municipalities, in 2008. In December 2017, Proximus claimed EUR 1,36 billion for being denied an opportunity to bid on the networks and television subscribers of the municipalities in 2008.  Telenet acquired these cable networks and TV subscribers which significantly expanded its cable TV footprint and subscriber base.  Proximus claims that, since the members of Interkabel were public bodies, a tender should have been organized before the sale. The case was argued in:
  • • summary injunction proceedings, ex parte and inter partes
    • the Antwerp Enterprise Court and the Antwerp Appeal Court
    • the State Council
    • the ECJ for a preliminary ruling
    • the Supreme Court
    • the Brussels Appeal Court, after a partial reversal by the Supreme Court

     The proceedings are currently ongoing in the Brussels Appeal Court.

• Represents an Italian manufacturer of industrial hoses against claims for hidden defects brought by wholesale intermediaries before the Brussels court. An expert has been appointed by the court and these proceedings are ongoing.
• Represented a Belgian Company against claims relating to margin calls on a credit line brought by a UK financial service company before the Belgian and London Courts. An expert was appointed in these proceedings. The matter was settled on favorable terms to our client settled during the proceedings.
• Represented various Belgian distributors and principals before the Belgian courts in relation to alleged breaches of distribution agreements.
• Represented an important Belgian medical laboratory in fast-track proceedings regarding claims of unfair competitive practices.
• Represented an international energy company before the Belgian commercial courts regarding disputed invoices.
• Represented a major Belgian life insurance company in legal proceedings regarding commission agreements involving complex investigations by court-appointed experts.
• Represented a leading Belgian museum before the Belgian courts in relation to a stolen art work.
• Represented multiple international life insurance companies in various legal proceedings before the Belgian (civil and criminal) courts in relation to claims of mis-selling and fraud.
• Represented a major Belgian bank in a highly contentious restructuring of its agency network.
• Represented a leading international clothing retailer in various disputes before the Belgian courts in relation to its commercial lease agreements.

Arbitration

• Represents a U.S.-based Respondent in an ICC arbitration brought by a Russian oil and gas company. The Claimant claims USD 46m for defects and delay under a construction agreement for the design, development and construction of a block-modular natural gas treatment unit in three oil and gas condensate fields in Russia.
• Advises a Belgian joint venture that acts as contractor for the design, construction and installation of an offshore installation in the Belgian North Sea. The dispute concerns the precise scope of works, delay and additional costs.
• Advised a sovereign state on the likelihood of an investor-state dispute under a Bilateral Investment Treaty with Russia in relation to the effects of EU Sanction regulations which led to substantial assets of Russia being frozen.
• Advised a state-owned company on the enforcement of an arbitral award in Belgium against assets held with Belgian clearing houses, which are also subject to sanctions. We advised on the enforcement issues, EU sanctions and the local and EU Regulations on clearing house continuity rules.
• Advised a major Belgian company specialized in the fields of dredging, land reclamation, and marine infrastructure on the impact of President Trump’s Executive Orders on an offshore wind project in the United States as well as on issues between the parties regarding defects and delays.
• Represent a Dutch Contractor together with Dutch local counsel in a dispute with a Japanese Employer regarding issues of delay and outstanding variation orders.
• Represented a U.S.-based Respondent and Counterclaimant in proceedings against a Mexican contractor.  Werner acted together with litigation lawyers from the Crowell IDR team on claims and counterclaims of + USD 85m which concern delay, disruption and additional scope claims under a construction agreement for 3 trains of equipment for an LNG plant to be built in the United States.  These proceedings involve more than 8 expert witnesses on delay, defects and quantum, 14 fact witnesses and a 15,000+ documentary record.  These proceedings are ongoing.
• Represented a major Belgian company specialized in the fields of dredging, land reclamation, and marine infrastructure in a SIAC arbitration under UK law regarding the construction of a vessel.
• Advised a contractor on a data center construction project (CEPANI, Belgian law).
• Advised a Belgian contractor on potential claims against a sovereign regarding a EUR 65 million civil construction project for roads in West Africa.
• Advised a contractor specialized in decommissioning and salvage on its claims for variation orders and waiver of liquidated damages against its client. The parties successfully settled this claim.
• Acted as secretary in a CEPANI arbitration under Belgian law regarding various claims for breach of contract.
• Represented the sellers of a major Belgian pharmaceutical company in a CEPANI arbitration under Belgian law regarding a post-completion dispute in the pharmaceutical industry. The claim value exceeded EUR 3,4 and required detailed evidence to be prepared with financial and accounting experts. The hearings lasted for more than 5 weeks and involved the examination of more than 15 fact witnesses and 6 expert witnesses.