Werner Eyskens

Partner

Overview

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

He has conducted numerous arbitrations under CEPANI, ICC, LCIA, ICSID, SIAC, and Ad Hoc. Werner has a wide experience in acting as counsel for major players in the international construction and in the aviation industries, and acted in some of the largest post M&A claims arbitrations in Belgium.

Werner also regularly sits as an arbitrator. A selection from his arbitrator experience includes: sitting as sole arbitrator on a distributorship dispute (CEPANI) and 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 (Ad Hoc), in a post M&A claim in the real estate industry (CEPANI), and in an insurance claim in the construction industry (Ad Hoc).

Werner is an honorary member of the CEPANI Board, the co-chair of CEPANI’s Diversity & Inclusion Committee, participated in the CEPANI 2019 Rules Revision Drafting Committee and he is a member of the Advisory Board and Rules Standing Committee of The Hague Court of Arbitration for Aviation (HCAA). He sits on the NAI Challenge Committee.

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

Career & 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
    • 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
    • Belgium
    • Belgium
  • Professional Activities and Memberships

    • Member, Board Directors, CEPANI
    • Member, Advisory Board and Rules Standing Committee: The Hague Court of Arbitration for Aviation
    • Co-chair, Diversity & Inclusion Committee, CEPANI
    • Member, Group Structures Review Committee, CEPANI 
    • Former elected Member of the Brussels bar council

    Professional Activities and Memberships

    • Member, Board Directors, CEPANI
    • Member, Advisory Board and Rules Standing Committee: The Hague Court of Arbitration for Aviation
    • Co-chair, Diversity & Inclusion Committee, CEPANI
    • Member, Group Structures Review Committee, CEPANI 
    • Former elected Member of the Brussels bar council
    • Dutch
    • French
    • English
    • Dutch
    • French
    • English
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.’

Chambers Europe, 2022

Representative Matters

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 US oil & gas contractor on a module fabricator agreement with a Mexican subcontractor (ICC, New York law)
  • 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)
|