Arbitration and ADR Experience:
Since 2003, Eric has acted as arbitrator in more than 70 arbitrations and more than 375 mediations. He is an arbitrator and/or mediator for the American Arbitration Association (AAA – Large Complex Cases and Intellectual Property Panels), the International Institute for Conflict Prevention & Resolution (CPR – the International and Banking, Accounting and Financial Services Panels of Distinguished Neutrals), the International Chamber of Commerce (ICC Netherlands), the International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration (LCIA), the Vienna International Arbitration Centre (VIAC) and the World Intellectual Property Organization (WIPO), among others.
Eric is a Fellow of the College of Commercial Arbitrators (CCA), an international invitation- only fellowship of experienced commercial arbitrators. He also a Fellow of the Chartered Institute of Arbitrators (CIArb), a leading professional organization of alternative dispute resolution practitioners worldwide.
In the years 2017 and 2018 Eric was selected by Who’s Who Legal’s global survey as one of the leading international arbitrators in the United States and the Netherlands. Global Arbitration Review’s Who’s Who Legal – Arbitration said: “Eric van Ginkel is a prominent arbitrator and mediator with a wealth of experience handling complex disputes in the corporate, real estate, intellectual property and energy sectors.”
Eric is of counsel to Schonewille & Schonewille, the legal mediation and arbitration firm with offices in Rotterdam and Amsterdam, giving him a base from which he serves as arbitrator and mediator in Europe and Africa.
Throughout his legal career, Martindale-Hubbell has recognized Eric van Ginkel as an AV® rated attorney, lately with a “Judicial AV Preeminent” ranking, now the highest such rating available. Before moving to Texas in December of 2016, Eric resided in California, where for ten years Los Angeles Magazine and Law and Politics Media honored Eric as one of a small group of "Super Lawyers" in Southern California in the “ADR Arbitrator/Mediator” category.
Eric has been a full-time independent arbitrator and mediator since 2006. Before then, capping a career of more than 35 years as an international attorney, starting his career as Associate with Cleary Gottlieb, and ending (from 1999 until 2006) as Counsel to Hughes Hubbard & Reed LLP (a prominent international arbitration law firm), in its Los Angeles office, as member of the Arbitration & Mediation and Intellectual Property Practice Groups. In between, he was also for a total of ten years the General Counsel with a small production company and Assistant General Counsel with a major toy company. In those functions, he actively supervised the litigation of numerous court cases in the member countries of the European Union. During those years he was one of the first in-house attorneys promoting mediation as an economical solution for business disputes.
Eric is a former Assistant Director of the Straus Institute for Dispute Resolution. He is a former member of the Executive Committee and the Board of the California Dispute Resolution Council (CDRC). He is also a former member of the Arbitration and Mediation Committees (Co-Editor of the Mediation Newsletter, 2009-2010), and a past Senior Vice-Chair of the Committee on Intellectual Property and Entertainment Law, of the International Bar Association.
Since 2017, Eric is an Adjunct Professor at the Law School of the University of Texas at Austin, teaching Arbitration Law, Negotiation and ADR Survey (i.e. an overview of Negotiation, Mediation and Arbitration).
Eric is also an Adjunct Professor of Law at the Straus Institute for Dispute Resolution of Pepperdine University School of Law (since 2004), where he has taught courses in ADR Survey, (US Domestic) Arbitration, International Commercial Arbitration, International Business Transactions, International Commercial Dispute Resolution, International Investment Disputes, Introduction to the Legal Process, and the Mediation Clinic (in alphabetical order).
Eric coached teams of Straus Institute students who participated in the First International Commercial Arbitration Moot at American University Washington College of Law in 2012 (on a subject involving international investment arbitration), and in the 20th, 21st and 22nd Vis Moot Competitions in Vienna, respectively in 2013, 2014 and 2015 (on subjects involving international commercial arbitration). Eric has acted as Vis Moot arbitrator in many years, both in Hong Kong (Vis East) and Vienna, including most recently in 2016, 2018, and now virtually, in 2021.
In 2007, 2008 and 2009, Eric van Ginkel taught intensive courses in Advanced Mediation at the Law School of City University of Hong Kong, and in 2010 at the Mediation Centre of the State Islamic University Walisongo in Semarang, Indonesia.
Eric is a frequent speaker and trainer on subjects involving arbitration and mediation.
As Sole Arbitrator:
- A dispute between a US manufacturer of integrated circuits and its distributor in an EU country, concerning alleged wrongful termination of the distribution agreement.
- A dispute between a Spanish biotech company and a US cGMP manufacturer, concerning
alleged breach of a drug manufacturing agreement by use of prohibited ingredient.
- A dispute between a French car-seat manufacturer and its US distributor, concerning alleged breach of the distribution agreement.
- A dispute between a Canadian recruiting firm and a US information technology company (as employer), concerning alleged breach of the recruitment services agreement.
- A dispute between a US product data collaboration software company and its distributor in an EU country, concerning alleged breach of the distribution agreement.
- A dispute between an Indian software and technical support company and a Canadian hardware and software outsourcing company, concerning alleged breach of a technical support services agreement and my jurisdiction as arbitrator.
- A dispute between a Caribbean concert organizing company and a US talent agency and a
Caribbean artist residing in the United States, concerning alleged breach of the performance agreement.
- A dispute between a US agricultural research and distribution company (including of
biodegradable pesticides) and a US manufacturer of agricultural crop protection products, concerning alleged breach of the distribution agreement.
As Chair of the Tribunal:
- A dispute between a US wine manufacturer and its distributor for Africa, concerning alleged wrongful termination of the distribution agreement.
- Adispute between a Canadian manufacturer of video surveillance equipment and software and a Korean patent licensee, concerning alleged breach of the patent license agreement.
- A case between the US owner of certain biotechnology (pharmaceutical) patents and the US licensee, concerning the alleged breach of the patent licensing agreement.
Eric van Ginkel holds a Master of Laws (LL.M.) degree in International Dispute Resolution (2003) from the Straus Institute for Dispute Resolution at Pepperdine University School of Law. He is also a graduate of the Harvard Law School Negotiation Project. In addition, he has attended numerous conferences, as well as advanced training programs provided by the Straus Institute, the International Chamber of Commerce (including its Master Class in Arbitration), the American Arbitration Association, the International Centre for Dispute Resolution and the U.S. Federal and State court systems.
As an attorney with a background in both transactional and litigation law practices, Eric worked on complex international and domestic corporate and business transactions, including joint ventures, bio-technology transactions (including co-development and licensing deals), mergers and acquisitions, commercial real estate developments (including residential, office and shopping center developments), straight and syndicated loans, bank and trust matters, intellectual property related license and distribution agreements, entertainment-related agreements, oil and gas industry arbitrations and employment-related litigation.
Eric van Ginkel holds three law degrees: one from the Law Faculty of Leiden University in the Netherlands (“Meester in de Rechten”, equivalent to a “JD” in the US), a Juris Doctor degree from the Law School of Columbia University in New York City, and an LL.M. in International Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University Law School in Malibu, CA.
Being a citizen of the Netherlands, Mr. van Ginkel is sensitive to cross-cultural issues. He is fluent in Dutch (native), English (fluent), French (almost fluent) and German (proficient), and somewhat proficient in Italian and Spanish.