Eric van Ginkel

In 2017 and 2018, Eric was listed in the Global Arbitration Review’s Who’s Who Legal: Arbitration, which said: “The ‘excellent’ Eric van Ginkel is an accomplished arbitrator who is particularly well regarded for his considerable experience sitting as arbitrator in intellectual property disputes.”

Experience

Eric has sat as arbitrator in more than 80 cases, including as Chair, Co-Arbitrator and Sole Arbitrator. He is on the panel of the following providers: Arbitrator for the following organizations: ​The American Arbitration Association (AAA) ​​​The International Centre for Dispute Resolution (ICDR) ​The International Chamber of Commerce (ICC) ​The International Institute for Conflict Prevention & Resolution (CPR) ​The London Court of International Arbitration (LCIA) ​The World Intellectual Property Organization (WIPO) ​Vienna International Arbitral Centre (VIAC)

Work History

Associate, Cleary Gottlieb Steen & Hamilton; founding partner Van Ginkel & Benjamin; Of Counsel, Rogers Hoge & Hills; General Counsel, Orange Entertainment; Assistant General Counsel, Mattel International / Mattel Europe s.a.m.; Corporate Counsel, Thyssen-Bornemisza Group; Founding partner, Eric van Ginkel & Associates; Counsel, Alschuler, Grossman & Pines; Counsel, Hughes Hubbard & Reed; (since 2006) independent arbitrator and mediator and Adjunct Professor at the Straus Institute for Dispute Resolution; (since 2017) Adjunct Professor, University of Texas Law School at Austin.

Cases

• Acted as Chair of ICDR tribunal in a dispute involving Canadian company’s patent license agreement with Korean licensee. * Acted as Chair of ICC tribunal in a dispute involving termination of distribution agreement with claims and counterclaims in excess of $15 million. • Acted as sole arbitrator for the International Chamber of Commerce (ICC) in a dispute involving termination of a distribution agreement with claims and counterclaims totaling more than $12 million. • Acted as sole arbitrator in 6 cases for the International Centre for Dispute Resolution (ICDR), including a dispute involving breach of a contract involving the upgrading of a life science based recombinant hemostat for use in surgical bleeding to enable the conduct of clinical trials. • Acted as member of tribunal for the American Arbitration Association in a dispute involving the termination of a patent licensing agreement regarding life science based drug for the treatment of certain forms of cancer. • Acted as sole arbitrator in more than 60 smaller cases for the American Arbitration Association and the National Arbitration Forum. • Sole arbitrator for the International Centre for Dispute Resolution (a division of the AAA) in a dispute about royalties owed under a trademark license agreement and related issues. • Sole arbitrator for the International Centre for Dispute Resolution in a dispute involving the security of the Olympic Games in Athens. • Represented Texas-based offshore equipment manufacturer and engineering company in ICC arbitration against Korean manufacturer in ICC arbitration in London alleging breach of contract. • Acted as Chair of ICDR tribunal in a dispute involving promotor of musical events and the main performer and this talent agent.

Training

Eric holds a Master of Laws (JD equivalent) from Leiden Law School (in the Netherlands), a Juris Doctor degree from Columbia Law School and an LL.M. degree in International Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine Law School. Additionally, he attended the ICC masterclass for arbitrators, and followed several courses provided by the AAA (including Chairing the Panel).

License(s)

Eric is licensed to practice law in New York (retired) and California (active)

Education

Eric holds a Master of Laws (JD equivalent) from Leiden Law School (in the Netherlands), a Juris Doctor degree from Columbia Law School and an LL.M. degree in International Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine Law School.

Publications

• Unraveling the Genome of Biotech Arbitrators, (with Arthur House) - to be published in a future issue of ALTERNATIVES TO THE HIGH COST OF LITIGATION (THE MONTHLY MAGAZINE OF CPR); • Another Look at Mediation Confidentiality: Does It Serve Its Intended Purpose?, 32 ALTERNATIVES TO THE HIGH COST OF LITIGATION 119 (Sept. 2014); • Mediation in California, USA, in THE VARIEGATED LANDSCAPE OF MEDIATION REGULATION, A COMPARATIVE STUDY OF MEDIATION REGULATION AND PRACTICES IN EUROPE AND THE WORLD (Manon Schonewille & Dr. Fred Schonewille, eds), Eleven international publishing 2014; • Mediation’s Impact on United States Legal Systems, in MEDIATION AND ITS IMPACT ON LEGAL SYSTEMS IN ASIA-PACIFIC (Wang Guiguo & Yang Fan, eds), Wolters Kluwer Law & Business and CCH Hong Kong, 2013; • THE LAWYER’S GUIDE TO DRAFTING ADR CLAUSES, published electronically by the State Bar of California, Litigation Section (June 2012 - 89 pages; Editor, with Paul Dubow and Michael Carbone, Co-Editors) (for members only; electronic copy available upon request to the Editor) • Interview with Bruce Patton on ‘Mediation as a Profession’ and ‘Difficult Conversations’, 5 TIJDSCHRIFT CONFLICTHANTERING No. 6, pp. 5-11 (2010); • Court-Annexed ADR in Los Angeles County, in Georg Frerks et al., Ed., “PREVENTIEVE MEDIATION”, pp. 181-207 (Maklu 2010); • Spiritualiteit in Mediation, in Georg Frerks et al., Ed., “REFLECTIE OP MEDIATION”, pp. 47-54 (Maklu 2009); • Afdwingbaarheid van de Mediationclausule in Californië en Nederland, 2008 FORUM VOOR CONFLICTMANAGEMENT #1, p. 10; • Dispute Resolution Boards: From Construction to Bio-Tech (with Kendall C. Reed), 21 CALIFORNIA LITIGATION #2, p.34 (2008); • Asserting an Anti-SLAPP Petition in Arbitration, DAILY JOURNAL, March 7, 2007; • Toward Mandatory ICSID Conciliation? – Reflections on Professor Coe’s Article on Investor-State Conciliation, 21 MEALEY’S INTERNATIONAL ARBITRATION REPORT #4, p.1 (April 2006); • Een Californisch Perspectief op de Ontwerprichtlijn Mediation, 1 TIJDSCHRIFT CONFLICTHANTERING 32 (March 2006); • Class Arbitration: Discover Bank v. Superior Court, IBA ARBITRATION COMMITTEE NEWSLETTER, Vol.10 No. 2, 40-47 (September 2005); • Mediation under National Law: United States of America, IBA MEDIATION COMMITTEE NEWSLETTER, Vol. 1 No. 2, 43-54 (August 2005); • Rojas v. Superior Court: The Battle of Two Opposing Public Policies, IBA MEDIATION COMMITTEE NEWSLETTER, Vol. 1 No. 1, 31-37 (April 2005) (also published in ALTERNATIVE DISPUTE RESOLUTION, the Newsletter of the ADR Section of the Ontario Bar Association, Vol. 13 No. 4, 10-17 (June 2005) and online at http://www.mediate.com/articles/vanGinkelE2.cfm);

Awards

• Listed in Global Arbitration Review’s Who’s Who Legal – Arbitration for 2017 and 2018. • Listed as “Super Lawyer” for Southern California in ten of the last 14 years • Honoree, AV Preeminent Attorney - Judicial Edition by Martindale-Hubbell

Panels

Arbitrator for the following organizations: ​The American Arbitration Association (AAA) ​The International Centre for Dispute Resolution (ICDR) ​The International Chamber of Commerce (ICC) ​The International Institute for Conflict Prevention & Resolution (CPR) ​The London Court of International Arbitration (LCIA) ​The World Intellectual Property Organization (WIPO) ​Vienna International Arbitral Centre (VIAC)

Associations

Fellow, College of Commercial Arbitrators Fellow, Chartered Institute of Arbitrators Member, International Council for Commercial Arbitration