Claire Morel de Westgaver

Claire Morel de Westgave is dual-qualified (England & Wales and New York) and has a mixed common and civil law background, having completed her legal education in Belgium and the USA. She practises international arbitration as counsel, advocate and arbitrator, whilst also conducting proceedings in both English and French.

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She has particular expertise in disputes relating to technology, corporate transactions, licensing, cross-border sales or service agreements, as well as disputes involving secrecy, intellectual property and cybersecurity issues. Her practice covers a broad spectrum of industries, including IT, pharmaceuticals, retail, engineering, energy, agribusiness, media, art and defence.

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Claire has experience in proceedings conducted under the arbitration rules of the LCIA,ICC, AAA/ICDR, UNCITRAL, WIPO, Cepani and CCJA as well as in ad hoc proceedings. These arbitrations have involved the laws of multiple jurisdictions, including England & Wales, New York, Texas, France, Switzerland, Belgium, Luxembourg, the Czech Republic, Cyprus, Japan, China, Singapore, Pakistan,Qatar, the Republic of Equatorial Guinea, Romania, Saint Lucia and Senegal.

Claire regularly writes and speaks on arbitration-related subjects, including the use of technology and AI in arbitral proceedings, arbitrating technology disputes,cybersecurity in international arbitration and the preservation of trade secrets. She co-founded Global Arbitration Review’s award-winning initiative‘ Mute Off Thursdays’ in 2020. She is the Secretary of the Society of English and American Lawyers (SEAL).

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Workhighlights

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As Counsel

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• Advising the owner of a luxury goods brand in a high-stakes trademark dispute involving multiple agreements governed by English law and multiple sets of arbitral proceedings including an emergency arbitration.  
• Representing a Korean API manufacturer against a major US pharmaceutical company in a dispute arising out of a supply agreement governed by New York law.
• Representing a Japanese biotech giant in an English law ICC arbitration against a major pharmaceutical group in the extraction industry.
• Representing an African state in French language CCJA arbitration seated in Dakar inrelation to a shareholder dispute arising in the media sector
• Representing a global cloud infrastructure and IT solution provider in a multi-party UNCITRAL arbitration administered by the LCIA concerning a data centre against a major Indian telecommunication company.
• Advising a US company in a complex IT dispute relating to the completion of a customer portal for a stock exchange and involving delay and data security breach issues.
• Representing a major Spanish engineering firm in an ICC arbitration seated in Paris concerning the construction of a major motorway in Romania, under Romanian law.
• Representing a Japanese trading company in an ICC arbitration seated in Tokyo relating to a dispute arising out of the metal recycling industry.
• Representing a U.S. group in high-stakes LCIA arbitration relating to the sale of Malaysian oil & gas assets involving complex interpretation and accounting issues.
• Representing a well-known artist in a cross-border dispute concerned with the authentication of a high-profile work of art, under Belgian law.
• Acting for a real estate developer in parallel proceedings relating to a shareholders’ dispute arising out of a major hospitality project in Saint Lucia.
• Representing a Korean trading company in multi-party ICC arbitration relating to the purchase of wheat by a government agency in Bangladesh.
• Representing a leading Middle Eastern media company in an ICC arbitration concerning a sports TV rights dispute in excess of US$ 1 billion.
• Advising on a claim for misuse of technology and related SCC arbitration involving patents and trade secret elements.
• Representing claimants in a fast-track LCIA arbitration arising out of real estate investments in Qatar.
• Representing a leading global security company in an ad hoc arbitration concerning a property and a loss profit insurance claim arising out of Hurricane Katrina.
• Representing a major airline in a LCIA arbitration concerning a claim arising out of a distribution agreement.
• Representing the respondent in a LCIA arbitration concerning the alleged breach of non-compete covenants.
• Representing a leading US software company in an ad hoc arbitration arising out of the settlement of an insider trading derivative action.
• Assisting with the representation of a Belgian life sciences company in a LCIA arbitration concerning a patent infringement dispute.

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As Arbitrator

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• Acting as Chair of the Tribunal in a LCIA arbitration under a service agreement governed by English law.
• Acting as Sole Arbitration in an ICC arbitration arising under an API supply agreement governed by English law and concerning a breast cancer treatment drug.
• Acting as Sole Arbitrator in a LCIA arbitration arising under a service agreement governed by English law and concerning the making of a film for an entertainment park
• Acting as Sole Arbitrator in a CEPANI arbitration arising under a loan agreement governed by Belgian law.  
• Acting as Sole Arbitrator in a WIPO arbitration arising under a software servicea greement governed by English law involving IP issues.
• Acting as Sole Arbitrator in a LCIA arbitration concerning a piece of art (a sculpture) by an Israeli artist and involving court proceedings in Italy and IP issues.