A consultant with Shook, Marike is the director of the University of Miami School of Law’s International Arbitration Institute and a lecturer in law. She has more than 14 years of practice and academic experience in international arbitration and cross-border litigation. Marike has acted as counsel, expert witness and arbitral secretary in numerous international arbitration matters under most major sets of arbitration rules (ICC, NAI, CEPINA, DIAC, ICSID, LCIA, UNCITRAL, SCC, SIAC), regarding matters such as preliminary witness hearings, pre-award attachments, arbitrator appointments, summary arbitral proceedings, arbitration procedures, merger into judgment awards, enforcement and execution of awards and annulment proceedings. She has further acted as counsel in international litigation matters in The Netherlands and Belgium pertaining to challenge proceedings, enforcement proceedings, corporate litigation, shareholder disputes, cross-border insolvency and proceedings before the European Court of Justice. Her representations include diverse legal issues such as investment, joint ventures, post M&A disputes, immunity of jurisdiction and execution and numerous sectors such as banking, construction, energy and electricity, finance, tobacco, insurance, arms and munitions, oil and gas, pharmaceuticals, telecommunication and transportation. She has worked with Albert Jan van Berg, recognized as one of the world’s leading arbitrators and assisted him in his arbitrator and counsel work.
She teaches in the United States, the Middle East, India, Latin America and Europe and publishes extensively in the field of international arbitration and public international law.
Marike is a leading expert on the 1958 U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention). She writes and teaches on the topic, and she has served as an expert witness and assisted in drafting expert opinions on the Convention. She has coauthored and edited the International Council for Commercial Arbitration Guide on the New York Convention (ICCA) and founded the ICCA NYC Roadshow, which familiarizes judges around the world with the application of the Convention in the national space. She is the author of “The 1958 New York Convention in Action,” with a foreword by Judge Stephen Schwebel. She is writing her Ph.D. on the enforcement of annulled awards at Leiden University and coauthoring the upcoming ICCA Guide on the NYC in the Middle East and the Handbook on Arbitration in India. She is frequently interviewed by Law360 and Global Arbitration Review on matters relating to the New York Convention.
A Dutch national, Marike speaks five languages and has degrees from Leiden University, University of Miami and Sciences Po Paris, France, is a member (or former member) of the Dutch, Bahraini and Belgian Bars and serves as a foreign legal consultant in the United States.
- Represented Russian oil and gas company against Russian government in Dutch courts with respect to the enforcement of an annulled award.
- Represented Russian oil and gas company against Russian government in Dutch courts with respect to cross-border insolvency.
- Represented U.S. telecommunications companies in cross-border litigation in Dutch, German and English courts with respect to post bankruptcy litigation against shareholders and lenders.
- Represented Chilean government in Dutch courts with respect to garnishments against state-owned entities.
- Represented Dutch broadcasting company in post merger-and-acquisition transaction in Dutch arbitration proceedings.
- Represented Dutch energy companies in Dutch court proceedings and proceedings before the European Court of Justice pertaining to a matter of European competition law.
- Represented Indian telecommunications company in Dutch courts regarding the annulment of an award.
- Represented U.S. oil and gas company with respect to various arbitrations and pre-award attachments against Venezuelan state-owned entity.
- Represented Danish Naval Construction Company for vessels and oil platforms in Danish arbitration proceedings.
- Represented Angolan oil and gas company in Dutch courts against the Angolan government pertaining to pre-award garnishments.
- Represented French multimedia and telecommunications company in enforcement proceedings in Poland.
- Acting as arbitrator in pre-rounds for the Vis Moot Competition in Brussels, The Hague and Miami.
- Mentoring and coaching the Miami teams for the Vis Moot and Frankfurt Moot competitions.
- Guest lecturer at Versailles (Paris) and FIU (Miami).
- Former lecturer at Erasmus University (Rotterdam).
- Visiting professor with University of Miami School of Law teaching short course on treaty interpretation, course international arbitration under the New York Convention and seminar on legal theory and the New York Convention.
- Lecturer at Judicial Dialogues held under the auspices of the ICCA NYC Roadshow in Mauritius for the African continent and upcoming Dialogues in New Delhi, India, Bahrain for the Middle-East and the Bahamas for the Caribbean.
The 1958 New York Convention in Action, Kluwer Law International (2016).
Article on cross-pollination between judicial cooperation and cooperation mechanisms in medical care in Dutch Journal on Law and Medicine.
Young International Arbitration Group Contribution: Spaanderdam v. Anova (Dutch Supreme Court 25 May 2007).
The Miami Draft: the Good Twin of the New York Convention, Kluwer Arbitration Blog.
The Art of Persuasion, Kluwer Arbitration Blog (with Aysha Mutaywea and Neeti Sachdeeva)
The New York Convention: Can we finally move forward from 1958 to 1953?, European Review of International Arbitration.
Co-author and editor of the ICCA's Guide to the interpretation of the 1958 New York Convention, translated in more than 15 languages.
Resolving International Disputes: The Wild Wild West is Coming to Miami, The Dade County Bar Bulletin.
Various short articles for ICCA Newsletter and Young ICCA Newsletter.
Co-author of the ICCA Handbook Report for The Netherlands.
Rapporteur with Albert Jan van den Berg for the ICC Guide on the application of the New York Convention, Netherlands, report.
The ‘A-National Award’ Under the New York Convention Revisited: Time to Move on, KIIT Student Law Review (India).
The New York Convention: can we finally move forward from 1958 to 1953?, European International Arbitration Review.
The Art of Persuasion and the Harmonization of Cultures through International Arbitration, European International Arbitration Review.
Enforcement of Convention Awards on the Rise in China - With a Double-Layered Default System of Checks and Balances, Asian Dispute Review (with Kevin Wu and Rachel Wu).
Arbitrating and Enforcing Against States in Latin America, Revista Commercialista - Direito Comercial e Economico (Brazil).