Vanessa Foncke represents Belgian and foreign clients in a broad range of contractual and commercial disputes and negotiations in all stages of arbitration, court, and administrative proceedings. She also conducts internal compliance investigations on behalf of clients.
Vanessa has extensive experience in domestic and international commercial arbitration both as counsel and arbitrator. She is a member of the board of administration of CEPANI, the Belgian institution for arbitration and mediation. In that capacity she also participates in the bi-annual meetings of the United Nations Commission on International Trade Law (UNCITRAL) Working Group II (Dispute Settlement). She is a member of an arbitration team recognized by Global Arbitration Review as one of the world's 30 top international arbitration practices for the eighth consecutive year.
Vanessa's experience spans a broad spectrum of disputes and industries, notably including construction, corporate (post-M&A), complex contractual, regulatory, distribution, telecommunications, energy, and real estate. She is ranked in Chambers Global and Chambers Europe, Who's Who Legal: Arbitration, and The Legal 500 EMEA.
Vanessa is a lawyer in the Flemish section of the Brussels Bar since 2004 and served as secretary and member of the Dutch speaking Brussels Bar Council from 2018 to 2022. In 2016 she rendered the inaugural speech at the Brussels Bar. She is a member of the Committee for Alternative Dispute Resolution at the Flemish Bar Association and is admitted to the list of third-party deciders of the Dutch-speaking Brussels Bar. Vanessa is fluent in Dutch, English, and French and is proficient in German.
Experience
Additional Publications
- March 2019
"What are the users’ expectations in respect of searching for the truth and counsel’s role in managing these expectations?", in L. Demeyere (ed.), Do arbitral awards reveal the truth?, Mechelen, Kluwer, 2019, p. 121-124
Speaking Engagements
- October 30, 2023
Presentation on “A dispute? Think about (CEPANI) arbitration”, IBA event by Hub.Brussels, CEPANI and the Belgian Institute for In-house Counsel on “Brussels, your legal hub for Europe” - November 23, 2023
Panel discussion at CEIA Mujeres event on “Tribunal dynamics – A guide to the soft skills required of an arbitrator” - December 14, 2023
Class on “From the hearing to the award”, CEPANI Arbitration Academy - June 1, 2023
Keynote speech at the Women’s Breakfast of the 2023 Dutch Arbitration Day on “Challenging and Enforcing Awards” - April 20, 2023
Panel discussion on “Why choose a seat of arbitration in the BeNeLux”, LAC / LAA seminar on “Arbitration in BeNeLux – Getting to know each other and what to expect from the future” - June 3, 2022
Panel discussion on “What are legitimate responses when facing guerrilla tactics (both as counsel and as arbitrator)", bi-annual conference of the Co-Chairs Circle - January 18, 2022
Panel discussion at ICC YAF webinar on "Read Between the Lines - The Unwritten Rules of a Career in International Arbitration" - November 25, 2021
Presentation on "The Prague Rules on evidence", CEPANI annual scientific colloquium on "What's on the horizon" - September 15, 2021
Panel discussion on “Revision of arbitration”, NAI seminar on “The upcoming 2021 NAI Arbitration Rules” - March 15, 2021
Presentation on "Drafting jurisdiction and applicable law clauses", Seminar on "Dealing with uncertainty in international contracts" organized by the Belgian Federation for Enterprises and the Belgian Institute for in-house Counsel - November 26, 2020
Presentation on "Selected Procedural Questions," CEPANI annual scientific colloquium on Arbitration and Fraud - November 19, 2020
Panel discussion on "Digital hearings", organized by INCEUBRUX, the European incubator of the Brussels Bar - November 14, 2019
Rendering table speech at the gala event on the occasion of CEPANI’s 50th anniversary - April 5, 2019
Arbitrating the final argument in the 2019 Brussels Pre-moot running up to the annual Willem C. Vis International Commercial Arbitration Moot Competition - March 21, 2019
CEPANI / NAI panel discussion on "What are the users’ expectations in respect of searching the truth?" - November 15, 2018
CEA40 / DIS40 panel discussion on "The interaction between state courts and arbitral tribunals - A story of love and hate" - September 14, 2018
Young ICCA workshop on cross-examination in international arbitration, moderating panel discussion - June 27, 2018
Arbit - CEA - UNIDROIT conference on "Cross-border commerial disputes", presentation on "Co-existence of stautory rules, mediation rules and best practices" - September 14, 2017
2017 Dutch Arbitration Day on Advocacy and Evidence, panel discussion on "The role and future of advocacy in international arbitration" - May 11, 2017
CEPANI40 / CFA40 conference on "Au secours, un Etat dans mon arbitrage! - Les particularités de l’arbitrage commercial impliquant des personnes de droit public", opening remarks - April 4, 2017
Arbitrating the final argument in the 2017 Brussels Premoot running up to the annual Willem C. Vis International Commercial Arbitration Moot Competition - January 12, 2017
CEPANI conference on strategy in international arbitration - December 9, 2016
ICC YAF conference on “Arbitrating intra-corporate disputes”, presentation on “Arbitrability of intra-corporate disputes: a comparative approach” - November 17, 2016
Opening statement at the Brussels (Dutch speaking) Bar at the occasion of the new judicial year - October 20, 2015
Cepani40 fall conference on "What counsel in arbitration can do, must do and must not do", closing remarks - June 18, 2015
Studipolis (die Keure) seminar on “Arbitration – The new Arbitration Act in practice”, presentation on evidence in arbitration - May 5, 2015
Moderating CEPANI40 debate evening on “The appointment of arbitrators: parties v arbitral institutions" - November 19, 2014
OAB (Brazilian Bar Association) seminar on Bélgica: Centro de Arbitragem e Negócios no Coração da Europa, Belgium and CEPANI: your preferred arbitration hub and institution - November 19, 2014
The new Belgian arbitration law, the 2013 Cepani Arbitration Rules and Brussels as place for arbitration, CNI (Brazilian Federation of Industry) round table discussion - November 18,2014
The new Belgian arbitration law, the 2013 Cepani Rules of Arbitration and Brussels as place for arbitration, Lecture at Brasilia University - April 12, 2014
CEPANI40 debate on "International Arbitration: a Belgian point of view - Last call for questions on the Cepani Rules…" - March 27, 2014
Recent developments in cross-border dispute resolution, arbitration and collective redress, Colloquium Vlaams Pleitgenootschap - March 11, 2014
CEPANI40 seminar on "Arbitration in practice", opening statement - February 20, 2014
Consumer protection in the new Belgian Economic Code, Jones Day seminar on the new Belgian Economic Code - February 20, 2014
Belgian Economic Code - February 17, 2014
Interim and conservatory measures / emergency arbitration, Seminar on Belgium and Brussels, capital of Europe, the international arbitration hub - December 12, 2013
Evidence in arbitration, Ghent University on the New Belgian Arbitration Law: essential provisions and impact in practice
"Vanessa Foncke has a very professional approach. Very committed, and her legal reasoning is both outstanding and efficient."The Legal 500 2023
- Columbia University (LL.M. 2008; James Kent Scholar; Fulbright Scholar; B.A.E.F. Honorary Fellow); Ghent University (J.D. magna cum laude 2004; Willem C. Vis International Commercial Arbitration Moot, 2004; European Law Moot Court Competition, 2003)
- Brussels
Chambers Global / Chambers Europe — Dispute Resolution: Arbitration (Belgium) (2023): "responsive and fully dedicated to understand and defend clients' interests"
Who's Who Legal: Arbitration — Global Leader (2023)
The Legal 500 EMEA: Dispute Resolution — Leading Individual (2023)
The Legal 500 Arbitration Powerlist: Benelux (2022)
Law.com International — Europe's Female Rising Stars (2021)
- Dutch, English, French