Quarterly Update Arbitration & Litigation 02/2021
Eric van Eyken is an experienced commercial arbitration litigator, whose practice also covers cybersecurity, insurance and reinsurance.
Eric brings to Clyde & Co extensive experience in domestic and international commercial arbitration acquired at global and boutique law firms in Paris, Toronto, Miami, and Brussels, where some of the top international practitioners mentored him. He also handles a broad spectrum of advice and litigation work for insurers on complex coverage matters, particularly on matters of cyber risk. And he manages litigation risk involving professional services firms for insurers in the Lloyd's market.
A persuasive communicator, Eric combines optimism, determination and dynamism to solving legal problems. Given his familiarity with multiple legal systems, he is uniquely positioned to find creative solutions that mitigate business risks in a global environment. He is described by clients as someone always mindful of the impact and consequences of disputes on their lives. He can always be counted on, no matter the size of the file.
Eric completed an LL.M. on full scholarship from the International council for commercial arbitration (ICCA), at the University of Miami. He holds both common and civil law degrees, with distinction, from McGill University, along with a B.A. in economics and honours political science. He was called to the Quebec Bar and the Law Society of Upper Canada in 2011 and to the New York Bar in 2015.
In addition to his practice, Eric has coached various university moot court programs and is a frequent lecturer on commercial arbitration.
Reinsurance Arbitration – Successfully defended a multi-party CA$ 160m claim involving the interpretation of an "hours clause" in a property catastrophe reinsurance arbitration under the UNCITRAL Model Law.
Coverage Litigation – Successfully defended an insurer at first instance and appeal in a CA$ 20m business interruption coverage dispute regarding an exclusion for non-tested manufacturing equipment.
Commercial Arbitration – Representing an IT company in a CA$ 7m dispute regarding the development of software in the telecommunications sector.
Fine Art / Specie – Represented London market insurers in a multi-jurisdictional dispute involving NY criminal proceedings, Quebec civil proceedings, and issues of English contract law regarding allegedly looted Persian antiquities.
International Commercial Arbitration Represented a political risk insurer in a CA$ 300m coverage arbitration under the UNCITRAL Rules involving destroyed oil fields during the Arab spring.
Cyber Risk - Drafted dozens of coverage opinions involving cyber claims following various risks.
Professional Liability – Successfully managed the risk in a CA$ 60m claim involving accountant liability in a tax scheme.
International Commercial Arbitration – Prior to joining Clyde, acted as tribunal secretary in a US$ 7b ICC arbitration involving a nuclear power generator under California law.
International Commercial Arbitration – Prior to joining Clyde, acted as tribunal secretary in a US$ 500m ICC arbitration involving a joint venture in the tobacco sector.
Commercial Arbitration – Course Lecturer at the University of Sherbrooke 2019-2020.
Energy & Natural Resources
Insurance & Reinsurance