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Practice Experience
Ank Santens is a partner in the International Arbitration Practice of White & Case, based in the New York office.
With more than a decade of experience in international arbitration, clients say:
- "Garry Kasparov … [t]he former chess world champion said the [team led by Ms. Santens] displayed 'a combination of big-picture understanding and management of the smallest details despite heavy time pressure.' 'I would never consider going to any other firm. Anyone considering arbitration in sports should not hesitate to engage them.'" (GAR 100, 2011)
- "Ank Santens showed a dedication and commitment [I have] rarely encountered. You can be sure she will really fight for [your case] with all her resources. She also seems to really enjoy her job." (GAR 100, 2010)
Ms. Santens has served as counsel in arbitrations under all major international arbitration rules (ICC, ICDR/AAA, ICSID, LCIA, UNCITRAL), as well as Court of Arbitration for Sport and ad hoc arbitrations and arbitrations under the rules of several regional centers. These cases have involved countries and legal systems around the world. Ms. Santens has extensive experience in infrastructure, construction and energy, and has also handled significant disputes in the insurance, telecommunications, metals and mining, financial services and consumer goods industries. She has advised sovereign clients on oil and gas concessions and the impact of land reform, and has represented an investor with a US$1 billion claim arising out of a nationalization. Ms. Santens has handled post-M&A disputes and regularly acts in commercial disputes as well as disputes arising out of joint ventures or other shareholder arrangements.
Ms. Santens also serves as an arbitrator. She represents clients before New York courts in arbitration-related litigation, and has overseen complex multijurisdictional and parallel proceedings.
Ms. Santens regularly advises on the drafting of dispute resolution clauses in international contracts and has assisted several clients in mediation and settlement negotiations. Although she works principally in English, she regularly advises clients in French, Spanish and Flemish/Dutch.
Ms. Santens practiced in White & Case's Paris office from 2004 to 2006. Before joining White & Case, she worked in-house at a pharmaceutical company in New Jersey.
Recognition
- GAR 45 under 45 (list of the 45 leading global international arbitration practitioners under 45)
- Chambers USA: International Arbitration
- Legal 500 USA: International Arbitration
- Global Arbitration Review 100: Leading individual
- PLC Which lawyer?, Recommended for Dispute resolution: Arbitration (USA: NY: New York)
- Profiled in "Women of Arbitration," Global Arbitration Review, Vol. 2, Issue 4 (2007)
Activities and Professional Associations
Leadership roles in professional associations:
- CPR Arbitration Committee, Vice Chair
- Foundation for International Arbitration Advocacy (FIAA), Executive Committee
- International Bar Association (IBA), Sub-Committee on the Recognition and Enforcement of Arbitral Awards, Member
- New York City Bar, International Commercial Disputes Committee (ICDC), Member
- International Arbitration Case Law, Member of the Editorial Committee (internationalarbitrationcaselaw.com)
- Institute for Transnational Arbitration (ITA), Advisory Board
- Co-organizer of semi-annual "Women in International Arbitration" events in New York
Ms. Santens is also a member of ARBITRALWOMEN, CEPANI 40 (Belgian Centre for Arbitration and Mediation), ICDR Y&I, International Arbitration Club of New York, YAF ICC and YIAG LCIA.
Ms. Santens serves as Partner Chair of White & Case New York's Women's Network, and the Secretary of White & Case LLP. She is a board member of The Flemish in the World USA, Assoc.
Representative Cases
Commercial cases:
- ICC arbitration, governed by English law, arising out of the privatization by an Eastern European State (client) of the national telecommunications company to a private equity fund.
- Post-acquisition ICC arbitration in New York, governed by New York law, arising out of the purchase by our client of power plants in Asia for US$500 million. The dispute involved breaches of representations and warranties and the application of a price adjustment clause.
- ICC arbitration in Prague between an Eastern European power company (client) and a French electricity group over a failed joint venture.
- ICDR arbitration in New York, governed by New York law, between a Latin American toy distributor (client) and a New York toy supplier.
- ICDR arbitration in Charlotte, NC, governed by English law, between a US steel processor and a Belgian steel scrap broker (client) over steel supplies.
- ICDR arbitration in New York between a US food cooperative and an Italian food company (client) over the marketing of food products in the United States.
- UNCITRAL arbitration between a European manufacturer of aluminum (client) and a Middle Eastern distributor regarding the allegedly wrongful termination of the distribution agreement by our client. French law applied.
Construction/infrastructure cases:
- Fast-track ICC arbitration in New York between a Japanese contractor and a Caribbean owner (client) regarding the construction of a desalination and utilities plant in the Caribbean. New York law applied.
- LCIA arbitration in London between a European airport and a consortium of European contractors (client) over an alleged defect in the air traffic control system delivered by a subcontractor. Greek law applied.
- CPR arbitration in Connecticut between two US utilities and a European contractor (client) concerning breach of warranty claims arising out of an EPC contract for submarine electrical cables. New York law applied.
- ICC arbitration in New York between a US energy company and a Latin American company (client) over an unpaid bonus in connection with a pipeline project in Colombia. Colombian law applied.
- Japan Commercial Arbitration Association (JCAA) arbitration in Tokyo between a Japanese contractor (client) and a Japanese subcontractor regarding the construction of a desalination and power plant in North Africa. The host country's law applied.
- ICC arbitration in Geneva between a Latin American construction company (client) and a consortium of international companies over the construction of a US$600 million pipeline in Latin America. New York law applied.
- Cairo Centre arbitration between a Middle Eastern semi-public company and a European construction company (client) over the construction of a lube oil plant in the Middle East.
- UNCITRAL arbitration between an owner (client) and a Turkish contractor regarding the rehabilitation of a road in Central Asia.
Telecommunications cases:
- ICC arbitration in an Eastern European country over the privatization of the national telecommunications company. English law applied.
- Multi-party ICC arbitration in Paris, governed by French law, over the nonpayment of US$200 million owed to our client for the establishment of a mobile telephone network in an Eastern European country.
- ICC arbitration in London between a European telecommunications company (client) and a Baltic State over the validity of a contract for the construction of a digital television network in the Baltic State.
Mining/minerals cases:
- Three cases (two LCIA and one ICC), governed by English law and with places of arbitration in London and Zurich, concerning bauxite/alumina supply contracts.
Insurance cases:
- Several ad hoc insurance arbitrations seated in London under New York law on behalf of an international energy insurer.
Court of Arbitration for Sport cases:
- Represented the ticket of 12th World Champion Anatoly Karpov and several national chess federations in a CAS arbitration against the World Chess Federation (FIDE) in relation to FIDE's 2010 internal elections.
- Represented two national chess federations in a CAS arbitration against FIDE in relation to the improper appointment of five Vice Presidents in FIDE's 2010 internal elections.
Maritime cases:
- Represented a Latin American chemical company in an ad hoc maritime arbitration seated in New York against the Latin American owner of a tanker.
Bars and Courts
Solicitor of England and Wales, 2006
New York State Bar, 2000
US District Court for the Southern District of New York, 2000
US District Court for the Eastern District of New York, 2000
Education
JD, semester (concentration on dispute resolution), Columbia University, New York, 2000 LLM, Columbia University School of Law, New York, Harlan Fiske Stone scholar, 1999 Licentiate in Law, Katholieke Universiteit Leuven, Belgium, cum laude, 1996 Single Candidature in Philosophy, Katholieke Universiteit Leuven, Belgium, cum laude, 1996 ERASMUS Exchange Student, Facultad de Derecho, Universidad de Granada, Spain, magna cum laude, 1995
Publications
- Belgian country reporter for the revised edition of the World Arbitration Reporter (Juris) (upcoming) (with Olivier Van Outryve)
- International correspondent of the Romanian Review of Arbitration
- "The Move Away from Closed-List Arbitrator Appointments: Happy Ending or a Trend to Be Reversed?," (2011) (with Heather Clark)
- United States country reporter for the New York Convention Country Reports (IBA Subcommittee on the Recognition and Enforcement of Foreign Arbitral Awards) (2010)
- "New York's Federal Court of Appeals Addresses Jurisdictional Requirements for Recognition and Enforcement of New York Convention Awards," IBA Arbitration Newsletter, pp. 202 – 05 (with Damien Nyer)
- "Difficulties Enforcing New York Convention Awards in the US Against Non-US Defendants: Is the Culprit Jurisprudence on Jurisdiction, the Three-Year Time Bar in the Federal Arbitration Act, or Both?," (2009) (with Damien Nyer)
- "Arbitration between main contractor and owner: Can its outcome also bind a subcontractor?," Global Arbitration Review, Vol. 4, Issue 5 (2009) (with Kate Brown de Vejar)
- "Costs in International Arbitration: A Plea for a Debate on Early Guidance by the Arbitral Tribunal on the Principles it will Apply when Deciding on Costs," (2009) (with Olga Mouraviova)
- "Expert Determination Clauses in Contracts Providing for International Arbitration — What Happens when the Expert's Decision is Not Final and Binding?" Arb. Int'l., Vol. 23, No. 4, pp. 687 et seq. (2007)
- "ICSID Tribunals Apply New Rules on Amicus Curiae," Mealey's Int'l Arb. Report, Vol. 22, #2 (February 2007) (with Andrew McDougall)
- "ICSID Amends its Arbitration Rules," [2006] Int.A.L.R. 4, pp. 119 – 22 (August 2006) (with Andrew McDougall)
- "Recent Decision in International Arbitration Addresses Principles Regarding the Use in International Arbitration of Settlement Documents and Evidence Alleged to Have Been Obtained in an Improper Manner," W&C Int'l Disp. Resol. Newsletter, Vol. 18, No. 2 (June 2005) (with Stephen Bond)
- "The Internationalization of American Commercial Arbitration," The Institute for Transnational Arbitration's News and Notes, Spring 2004, pp. 1 et seq. (with Paul Friedland)
Speaking Engagements
- Spoke on "Setting up Claimant's strategy in preparing the Request for Arbitration" and "Conducting complex proceedings" at the "Advocacy Skills in International Arbitration Workshop" co-organized by CAM Santiago and the School of International Arbitration (Santiago, 2011)
- Spoke on "International Arbitration" at a seminar on "Managing US Legal Risks for Chinese Companies and Banks" co-organized by the China General Chamber of Commerce — USA, the Chinese Business Lawyers Association and White & Case (New York 2011)
- Presentation on "Interim Relief Issues" at a CPR Advanced Arbitrator Training (New York 2011)
- Panel on "Construction Arbitration — Main Features and Nuances" at the 7th Rio de Janeiro International Arbitration Conference (Rio de Janeiro 2011)
- Spoke on "Expert Determination" at a seminar on "The Future of Litigation in the Oil and Gas Industry" organized by the Association of International Petroleum Negotiators (Rio de Janeiro, 2011)
- Presentation at a seminar entitled "For and From Inside Counsel: The New IBA Guidelines for Drafting International Arbitration Clauses and the New Queen Mary Survey of Corporate Choices in International Arbitration" on the Queen Mary Survey (New York, 2011)
- Spoke on "Recent Developments in International Arbitration in the United States" at the "International Arbitration 2011" seminar offered by the Practising Law Institute (PLI) (New York, 2011)
- Co-organized "New York versus London as the Place of Arbitration: A Transatlantic Debate" on behalf of the International Commercial Disputes Committee of the New York City Bar Association, and moderated the panel exploring whether an international arbitration is run differently in New York versus London (New York, 2010)
- Spoke on Construction Arbitration at a seminar on "The Many Faces of International Arbitration" co-organized by the School of International Arbitration, Queen Mary, University of London and Escritorio de Advocacia Sergio Bermudes (Rio de Janeiro, 2010)
- Spoke on "Brazil and International Arbitration" at a breakfast seminar entitled "Brazil: Investment Opportunities and International Arbitration" and co-hosted by the Brazilian-American Chamber of Commerce, TozziniFreire Advogados and White & Case LLP (New York, 2010)
- Class on international commercial arbitration at the "Introduction to U.S. Law" summer course organized by the Institute for US Law in affiliation with the George Washington University Law School (2010)
- Panel on "The Award" at the ICC's 7th Annual Conference on "International Commercial Arbitration in Latin America: The ICC Perspective" (Miami, 2009)
- Presentation on "Interim Relief Issues" at a "CPR Advanced Arbitrator Training" (New York, 2009)
- Keynote address at a seminar on Electronic Document Disclosure in International Arbitration co-hosted by the Japan Commercial Arbitration Association and White & Case LLP (Tokyo, 2009)
- "Arbitration Rules and Guidelines on the Move: Changes in the IBA Rules, UNCITRAL Rules, ICSID Rules and the Recently Issued ICDR Guidelines," 4th Annual Dallas Roundtable presented by the Institute for Transnational Arbitration, the ICC Young Arbitrators Forum, ICDR Young & International, and the LCIA Young International Arbitration Group (Dallas, 2009)
- Panel on "Recent Developments in Arbitration Time and Cost Management," CPR 2009 Annual Meeting (New York, 2009)
- Counsel in mock procedural hearing relating to disclosure requests, "Taming Wild Horses: Managing Information Exchange in the Era of eDiscovery," ICDR Y&I (New York, 2008)
- Moderated a panel on "Effective legal counseling in international arbitration" at the ICC's 6th Annual Conference on "International Commercial Arbitration in Latin America: The ICC Perspective" (Miami, 2008)
- "Defense of necessity in international investment arbitration," International Bar Association's 2008 Annual Conference (Buenos Aires, 2008)
- Roundtable on "Arbitration Across Borders, Cultures and Gender Lines" organized by ICDR Y&I (New York 2008)
- Co-moderated (with Claus von Wobeser) a session on "The Tribunal — Training, selection and appointment of arbitrators; conflicts of interest; challenges" at the LCIA symposium on international commercial arbitration (Mexico City, 2008)
- Panel on "Energy and natural resources disputes in the Americas," First Conference of the Americas, International Bar Association (Mexico City, 2008)
- Moderated a panel on "International Arbitration in Latin America" at Columbia Law School organized by the Columbia Latin American Business Law Association (CLABLA) (New York, 2007)
- "Selecting an Arbitrator for an International Intellectual Property Dispute," The International ADR Reporting Program Series, ICDR (Philadelphia, 2006)
- "Witness Statements in International Arbitration," YAF, USCIB (New York, 2005)
Languages
Dutch English French German Spanish
Citizenship
Belgium
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