Maarten Draye stands out as “one of the go-to people in Belgium for international commercial arbitration”. He wins praise as “a professional and true arbitration leader to watch”.
Maarten Draye is counsel at Hanotiau & van den Berg in Brussels.
As an international dispute resolution lawyer, Mr Draye specialises in complex cross-border arbitration and litigation. He advises and represents clients including multinational companies and states before arbitral tribunals and state courts. He also acts as arbitrator in domestic and international arbitration proceedings. A member of the Brussels Bar, he is a sought-after legal expert on arbitration matters, in particular under Belgian law.
Peers refer to him as "a well-established counsel in international arbitration” and an “outstanding young arbitrator” (GAR, 25 May 2017).
Mr Draye has been involved as counsel, arbitrator or arbitral secretary in over 60 arbitration proceedings under different applicable laws, seated in various jurisdictions, both ad hoc and under a variety of arbitration rules (ICC, LCIA, UNCITRAL, ICSID, SCC, SWISS, CEPANI, DIS, CRCICA and OHADA). He has acted in emergency arbitration proceedings and has served as confidentiality adviser on privileged documents.
Clients with high-profile arbitration-related litigation frequently entrust Mr Draye with setting-aside and enforcement proceedings before Belgian courts. In addition to arbitration-related matters, Mr Draye represents domestic and international clients in commercial litigation cases.
With experience spanning various fields and industries, Mr Draye’s expertise includes aviation, biochemistry, construction, distributorship and agency, energy, fair trade practices, banking and finance, insurance, intellectual property, investments, joint ventures, oil and gas, post-mergers and acquisitions, real estate, sales and services, and telecommunication.
Following the enactment of the UNCITRAL Model Law in Belgium in 2013, Maarten Draye co-edited and co-authored the leading commentary in English on the Belgian Law on Arbitration (N Bassiri and M Draye (eds), Arbitration in Belgium – A Practitioner's Guide, Kluwer Law International, 2016).
He regularly speaks and publishes on current topics in the arbitration field, such as arbitrability, enforcement of arbitration agreements, taking of evidence, setting-aside and enforcement of arbitral awards, allocation of costs, intra-corporate disputes, commercial arbitration involving state parties, multi-contract and multiparty arbitration, procedural time limits, due process paranoia and arbitral secretaries.
Mr Draye teaches arbitration at the Brussels Bar School and has lectured on international commercial law and dispute resolution at ICHEC Brussels Management School.
In addition to his legal and academic work, Mr Draye is active in professional networks and organisations. He represents Belgium at the ICC Commission on Arbitration and ADR and is a member of the LCIA and CEPANI. He represents CEPANI at the UNCITRAL working group II (dispute settlement). Mr Draye also serves as chairman of Alumni and Friends of the School of International Arbitration at Queen Mary (AFSIA) as well as on the CEPANI40 steering committee. He is a member of various below-40 organisations, including ICC YAF, YIAG and Young ICCA.
Maarten Draye joined Hanotiau & van den Berg in 2007. He holds a master of laws degree (Lic Jur, 2004) and a master’s degree in management economics (2005) from KU Leuven University. He read for an LLM in international business law at Queen Mary, University of London (2006), where he was part of the team that won first prize overall and received honourable mentions for both claimant’s and respondent’s memorandum at the 13th Willem C Vis Moot. He speaks Dutch, English and French and has a good knowledge of German.