A New step — same goal

Michel Looyens

Legal and/or Strategic Transformation Counsel, Mediator

Dear network,

After 18 years, I have decided to put an end to my activities as a judge in corporate matters.

Initially started as a young corporate lawyer to broaden my horizon. Gradually evolved into representing the voice of (socially engaged) companies in the judiciary. Always worked with the ideas about justice as they - in my humble opinion - were beautifully expressed by Chief Justice Warren E. Burger:

The obligation of our profession is, or has long been thought to be, to serve as healers of human conflicts. To fulfil our traditional obligation means that we should provide mechanisms that can produce an acceptable result in the shortest possible time, with the least possible expense, and with a minimum of stress of the participants. That is what justice is all about (Chief Justice Warren E. Burger, Isn’t There a Better Way? 68 A.B.A.J 274 (1982)).

- “ serve as healers of human conflicts ”: Business is a people business. Behind every business conflict, people are the protagonists and/or the impacted;

- “ produce an acceptable result in the shortest possible time ”: In 18 years, as a chamber in the Enterprise Court, with a handful of exceptions, we have always delivered a verdict within 4 weeks of the date of the pleadings. That is mainly due to the professional judges with whom I have had the privilege of working and who have always applied an extremely diligent and disciplined work ethic;

“ with the least possible expense ”: A judge in corporate affairs receives compensation that barely allows him to pay for his parking space at the Palace of Justice. You may find that a disgrace, and in fact it is, but I have never done it for the money. I have never asked for compensation. After all, I realize that I was privileged to receive virtually free, high-quality university education. And so I should give something back to society that has given me every opportunity.

- “ with a minimum of stress of the participants ”: Most parties are stressed when they appear before the court, regardless of the dispute, regardless of whether they are plaintiff, defendant or witness. This realization requires an empathetic attitude from the court and a clear obligation to motivate everything that is said or pronounced.

- “ acceptable result ”?: A judge must judge and often such a judgment is binary. Party A is right and party B is wrong. The strict canvas within which a judge must judge usually ensures that his verdict is acceptable to one party and unacceptable to the other. Winners and losers, that is how it is usually presented.

- “ acceptable result ”?: A judge must judge and often such a judgment is binary. Party A is right and party B is wrong. The strict canvas within which a judge must judge usually ensures that his verdict is acceptable to one party and unacceptable to the other. Winners and losers, that is how it is usually presented.

- “ acceptable result ”?: A judge must judge and often such a judgment is binary. Party A is right and party B is wrong. The strict canvas within which a judge must judge usually ensures that his verdict is acceptable to one party and unacceptable to the other. Winners and losers, that is how it is usually presented.

I would like to thank all colleagues, lawyers and curators at the Antwerp Enterprise Court for the pleasant, instructive and collegial cooperation and wish them the same success in permanently shaping sound and fair justice.