Benoit Simpelaere
Partner
1000 Brussels
Professional Experience
Benoit Simpelaere is a member of the Brussels bar since 1992. He has broad experience in corporate and commercial law, M&A, distribution law, international contract law, real estate and dispute resolution.
His primary focus is on distribution and franchise law in which he assists networks for their establishment, expansion and restructuring. He is often consulted for the drafting of distribution and related contracts (agency, reseller agreements, (master)franchise, commercial leases, purchase of real estate….).
Benoit Simpelaere advises local and international clients in setting up bodies corporate, Mergers & Acquisitions, corporate housekeeping and solving complex disputes.
He has a deep knowledge in insolvency proceedings and in the protection of intellectual property rights.
Benoit Simpelaere has been trained in analysing interests during various mediation courses and is a skilled negotiator, able to swiftly move from the negotiation table to the courtroom, if required.
His activities as an arbitrator (ad hoc and institutional) and as a replacement justice add to his tactical and psychological insights into both negotiation and litigation.
Languages
Dutch, French, English, German (spoken)
Education
- Master of Laws (Lic. Jur.) – University of Brussels (VUB) (B), 1989
- Post Graduate in Notarial Studies – University of Brussels (VUB) (B), 1990
- Diploma in Management – EHSAL Management School – Brussels (B), 1995
- European Mediation Training for Practitioners of Justice, 2012
- International Negotiation Training, International Business, 2016
Membership and Activities
- Member of the Brussels’ Bar (B), since 1992
- Member of Lawrope, European Association of Lawyers, since 1991 – Past President (2002 – 2004) and still active in its Organizing Committee
- Member of the legal committee of the Belgian Franchise Federation and involved in its
working sessions and publications, since 1997 - Member of the Association pour l’étude du Droit de la Concurrence, Groupe belge de la
Ligue Internationale du Droit de la Concurrence, since 2010 - Member of Association for International Arbitration (AIA), since 2011
- Member of the Brussels Bar Association (VPG), since 1993
- Arbitrator, since 1998
- Civil and commercial Mediator, since 2012
- Replacement of the Justice of the Peace 1st District Anderlecht, since 1997
Recent Publications/Speeches
Publications
- HAWKES L. and SIMPELAERE B., Practice Guide – Franchise “Electronic commerce, Social Media & Franchising”, Getting the Deal Through, forthcoming spring 2019
- SIMPELAERE B. and HAWKES L., “The International Comparative Legal Guide to Franchise, A practical cross-border insight into Franchise Law, Country Question and Answer Chapters: Belgium”, Global Legal Group Ltd, 2018, 4th ed.
- DEPREAY D., JEANMART P., DELAYE Y., DEMOLIN P., SIMPELAERE B. en JANSSENS C., “Gids van Franchising”, M.I.B Publishing, 2018
- VANHAVERBEKE P., de MUELENAERE D., SIMPELAERE B. and SEGERS M., “La situation des franchisés en matière de requalification de la convention” in Subordination et para-subordination, entre dépendance juridique et économique, Anthémis, 2017
- SIMPELAERE B., “De Effecten van de Belgische PID-wet in de praktijk”, in Franchise en Recht, n° 5, Maastricht, 2017, 3rd, n°5
- SIMPELAERE B., “Overdracht van outlets in moeilijkheden: is de gerechtelijke reorganisatie een werkbare oplossing”, Commercial Distribution, Larcier, 2017
Speeches
- 4 December 2018, Brussels (BE), Comeos WG Data Protection GDPR & Franchise
- 18 September 2018, Brussels (BE), BFF Ronde tafel over de specifieke implementatie van de GDPR binnen de franchiserelatie
- 29 September 2017, Düsseldorf (DE), “Consensualism, Good Faith & Applicable Law in Cross-border M&A Deals”, 13th M&A International Lawyers’ Conference
- 30 May 2017, Brussels (BE), “State of play of distribution law” – Seminar organized by the Brussels’s Bar Association (VPG)