Eric van Eyken

Full Profile

Eric is a leading advisor on cybersecurity and privacy risk; he works with insurers and incident response teams to address coverage issues as they arise following a cyber attack. Moreover, he acts as coverage and monitoring counsel in regard to third party tech errors and omissions and privacy claims, as well as in regard to other issues pertaining to media, marine, property, directors and officers’ and event liability.

A persuasive communicator, Eric combines optimism, determination and dynamism to solving legal problems. Given his familiarity with multiple legal systems and international disputes, 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 lives and businesses.

In addition to his practice, Eric has coached various university moot court programs and is a frequent lecturer on commercial arbitration.

Admissions

• Québec Bar, 2011

• Ontario Bar, 2011

• New York Bar, 2015
   

Education

• Master of Laws (LL.M.), International Arbitration & International Law, University of Miami

• Bachelor of Common Law, McGill University

• Bachelor of Arts, Economics and Political Science (Honours), McGill University
   

Professional Associations

• Québec Bar

• Law Society of Ontario

• Young International Congress and Convention Association (ICCA)

• Young Canadian Arbitration Practitioners (YCAP)
   

Presentations and Publications

• Commercial arbitration – Course Lecturer at the University of Sherbrooke, 2019–2020.

• “Corruption et blanchiment d’argent en arbitrage international,” YCAP, November 2017, Montréal.

• “Is America First the End of FET?” Kluwer Arbitration Blog, August 3, 2017. Online: http://kluwerarbitrationblog.com/2017/08/03/america-first-end-fet.

• “Arbitrage et Tierce-Parties,” Association de l’arbitrage international, October 2016, Brussels.

• “The CETA: Simplifying International Investment Arbitration,” Young ICCA Blog, August 25, 2014.

• “Fair and Equitable in CETA: Finally Defined?” Young ICCA Blog, March 6, 2014. 

• “Pre-Conditions to Arbitration: Continued Flexibility for Tribunals,” Young Scholars in International Arbitration, Miami ICCA 2014 Congress Paper Series, page 81, 2014, Miami.

Experience

• Cyber risk – Handled and advised on hundreds of cyber insurance and privacy coverage matters.

• Professional liability – Successfully managed risk in a CA$ 60M claim involving accountant liability in a tax scheme.

• 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.

• Fine art/specie – Represented London market insurers in a multi-jurisdictional dispute involving NY criminal proceedings, Québec civil proceedings and issues of English contract law regarding allegedly looted Persian antiquities.

• 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.

• Commercial arbitration – Represented an IT company in a CA$ 7M dispute regarding the development of software in the telecommunications sector.

• 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.

  • Acted as tribunal secretary in a US$ 7B ICC arbitration involving a nuclear power generator under California law (prior to joining Clyde & Co).

  • Acted as tribunal secretary in a US$ 500M ICC arbitration involving a joint venture in the tobacco sector (prior to joining Clyde & Co).