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ROUND TABLE
Mediation of international disputes:
how to make it work?
Monday February 7, 2011
6 pm to 8 pm
The contents of this document are proprietary and should not be duplicated or shared without express permission from Jones Day.
Table of Contents
1. Program
p.5
2. List of Participants
p.7
3. Speakers’ Biographies
p.9
4. Jones Day Paris International Dispute Resolution Practice
p.15
5. Jones Day Paris Commercial and Corporate Litigation
p.21
6. More about Jones Day
p.23
7. The Paris Office
p.25
8. Jones Day to Open Offices
p.27
3
1. Program
ROUND TABLE
Mediation of international disputes:
how to make it work?
18:00‐18:15 18:15‐19:00 19:00‐19:30 19:30‐20:00 Welcome and introduction by Michael W. Bühler, Partner ­ JONES DAY “Revision of ICC Rules of Arbitration and impact on mediation” “The key to the success of mediation: assessing which cases are suitable for mediation” Ulrich Hagel, Senior Expert Dispute Resolution ­ Bombardier Transportation “Experience of the ICC with mediation under the ADR Rules of 2001” Hannah Tümpel, Manager for ICC ADR, Expertise, Dispute Boards “CEDR Rules for the Facilitation of Settlement in International Arbitration” Jacob Grierson, Of Counsel ­ JONES DAY 5
2. List of Participants
Last Name
First Name
Company
Title
Arlette
Guy
SNC-Lavalin SAS
Special Counsel
Aury
Mathieu
EDF
Bayle
Pascale
Gaz & Energies
Nouvelles
Billot-Gallay
Brigitte
Bureau Veritas
Bühler
Michael W.
Jones Day
Avocat
Cartier-Marraud
Marie-Laure
Jones Day
Avocate
Catherine
Olivier
Bureau Veritas
Corporate Director - Commercial Law and
M&A
Chavasse
Philippe
Fives
Direction Juridique Adjoint
Cottin
Isabelle
ERDF
Responsable du Département National
Droit des Affaires Distribution, Direction
Juridique
Delelis
Philippe
Jones Day
Avocat
Diaz
Jean-André
Total S.A
Conseiller à la Direction Juridique
Dupuis
Benoît
Colas SA
Responsable Juridique Grands Projets
Fournival
Valérie
Sanofi-Aventis
Director, Legal Affairs, Corporate
Licensing & Alliances
Gak
Nathalie
Siemens SAS
Directeur Juridique France
GiovannopoulosAvon
Marie
RATP DEV
Directeur juridique
Grierson
Jacob
Jones Day
Barrister
Guerrier
Christine
Thales S.A.
Direction Juridique - Contentieux
Guillot
Jean-Marc
Veolia Propreté
Responsable Juridique International
Hagel
Ulrich
Bombardier
Transportation
Rechtsanwalt und Mediator
Senior Expert Dispute Resolution
Heitzmann
Pierre
Jones Day
Avocat
Kaiser
Oliver
Siemens SAS
Service juridique - Juriste
Labrousse
Françoise
Jones Day
Avocate
7
Directeur juridique adjoint, Service juridique
production ingénierie
Direction Juridique
In House Counsel
Directeur Juridique Contentieux et Grands
Contrats
Last Name
First Name
Company
Title
Lazard Kodyra
Patricia
Sanofi-Aventis
Directeur Juridique Global Litigation
Martinet
Laurent
Jones Day
Avocat
Menard
Christopher
ERDF
Chef du Département National Droit des
Affaires
Morgan de Rivery
Eric
Jones Day
Avocat
Muratyan
Arthur
Sanofi-Aventis
Senior Vice President
Najar
Jean-Claude
GE Commercial
Finance Limited
Senior Counsel & Chief Compliance Officer
EMEA
Pohland
Ilja
Sanofi-Aventis
Senior Vice President
Rieusset
Michel
Groupe SNPE
Directeur Juridique
Saint Olive
Gaël
Jones Day
Avocat
Sarraute
Bernard
Sofregaz
Chef du service juridique
Tainturier
Hervé
Sanofi-Aventis
Legal Corporate Department
Tümpel
Hannah
ICC
Manager for ICC ADR, Expertise, Dispute
Boards
Vandomme
Laurent
Jones Day
Avocat
van Hooft
Annet
Jones Day
Avocate
8
3. Speakers’ Biographies
ƒ Michael W. Bühler – Jones Day
ƒ Ulrich Hagel – Bombardier Transportation
ƒ Hannah Tümpel – International Chamber of
Commerce
ƒ Jacob Grierson – Jones Day
9
Michael W. Bühler
Michael Bühler, co-head of the Firm's International Litigation &
Arbitration Practice, focuses on international dispute resolution
in complex arbitrations. He has represented major
corporations and state-owned entities in more than 100
arbitrations. Michael acts as chairman, sole arbitrator, and
party-appointed arbitrator in arbitrations worldwide.
Michael represents clients in dispute resolutions prior to
arbitration (including DABs, expert adjudications, and
mediations) and acts as lead or co-counsel in arbitrations
under the ICC Rules and those of the arbitration associations
of Germany, Belgium, Sweden, Austria, Switzerland, and the
U.S. and under the UNCITRAL Rules, ICSID, WIPO (Geneva),
and the Court of Arbitration for Sport (Lausanne). He conducts
arbitrations throughout Europe, North America, the Middle
East, and the Asia-Pacific region in the following fields: civil
construction, engineering, supply of industrial equipment,
industrial or power plants (often involving the application of the
FIDIC Conditions of Contract, in common, civil, and Islamic
law); oil and gas projects; hotel development projects and
hotel management contracts; and distribution and license
agreements in various sectors, including the chemical,
pharmaceutical, food, liquor, and luxury goods industries.
Partner
Paris
Tel: 33.1.56.59.38.54
Fax: 33.1.56.59.39.38
[email protected]
Areas of Focus
ƒ International Litigation & Arbitration
ƒ Trial Practice
ƒ Energy
Michael started his career as counsel at the ICC International ƒ Africa Practice
Court of Arbitration, of which he was the German member ƒ Construction
(1997-2009). He is co-chair of the Task Force of the ICC ƒ International Trade Disputes &
Commission on Arbitration on the Revision of the ICC
Arbitration Rules (2008-), a member of the ICC Commission
on International Arbitration, the IBA, and of various arbitration
institutions. Michael is coauthor of the Handbook of ICC
Arbitration (2nd edition, 2008, Thomson, Sweet & Maxwell).
Bar Admissions
Düsseldorf, New York, and Paris Bars
Education
Columbia University (LL.M. 1985); Second State Examination
in Law (Düsseldorf, 1984); University of Geneva (Dr. Jur.
summa cum laude 1983); First State Examination in Law
(Bonn, 1979)
Languages
English, French, German
10
Proceedings
ƒ Metals & Mining
Ulrich Hagel
11
Hannah Tümpel
Hannah Tümpel is the Manager of Dispute Resolution
Services at the International Chamber of Commerce in Paris,
France. She is responsible for the ADR services, including
mediation, as well as for Expertise, Dispute Boards and
DOCDEX procedures.
Prior to her current position Ms. Tümpel was a Deputy
Counsel at the Secretariat of the ICC International Court of
Arbitration, working as a member of the case management
team dealing mostly with cases from Germany, Austria,
Switzerland and Eastern Europe.
Ms. Tümpel is a German qualified lawyer and a trained
mediator. She studied law in Germany, Italy and Portugal and
holds an MA degree in mediation from the university of
Frankfurt/Oder (Germany).
Ms. Tümpel regularly speaks on international conferences on
ADR, mediation, expertise and dispute boards and has taught
courses about these topics at numerous universities in
Europe. She is a member of the Standards Commission of the
International Mediation Institute (IMI) and of the Académie de
la Mediation in France. She was a scholar of the United World
College of the Adriatic in Italy, and is currently a board
member of UWC Germany.
Prior to joining the ICC in 2007, Ms. Tümpel worked for the
German Federal Foreign Office in Berlin and Brussels.
12
Jacob Grierson
Jacob Grierson practises international arbitration.
His recent experience involves representing clients in
arbitrations in Paris, Vienna, Geneva, London, New York, and
Hong Kong under the rules of the ICC and the LCIA as well as
in ad hoc arbitrations. The arbitrations in which he has been
involved have covered a wide variety of subjects, including
construction and engineering, oil and gas, mergers and
acquisitions, joint ventures, distribution, and the Internet.
Prior to joining Jones Day in 2006, Jacob practised as a
barrister in the chambers of Lord Grabiner Q.C. in London
from 1994 to 2001, where he specialized in commercial
litigation and arbitration. From 1998 to 2001, he was junior
counsel in the Bloody Sunday Inquiry dealing with the events
of January 30, 1972 in Londonderry. From 2001 to 2006,
Jacob practised international arbitration in the Paris office of a
major U.S. law firm.
Bar Admissions
Of Counsel
Paris
Tel: 33.1.56.59.46.35
Fax: 33.1.56.59.39.38
[email protected]
Areas of Focus
Barrister (Lincoln's Inn), England and Wales
ƒ International Litigation & Arbitration
ƒ International Trade Disputes &
Education
College of Europe, Bruges (Master's in European Law 1994);
City University, London (Diploma in Law 1992); Oxford
University (B.A. Hons. in Modern History 1991)
Languages
English, French
13
Proceedings
ƒ Construction
4. Jones Day Paris International Dispute Resolution
Practice
15
PARIS INTERNATIONAL DISPUTE RESOLUTION PRACTICE
International arbitration, mediation and other forms
are confident that their case will be decided by arbi-
of alternative dispute resolution have grown in
trators who understand the subject matter of the dis-
importance in recent years, as international trans-
pute and the parties’ respective positions. Arbitral
actions and projects have multiplied. The globaliza-
procedures are flexible and can be determined by
tion of commerce brings with it the globalization of
the agreement of the parties. While the confidentiality
dispute resolution.
of arbitration proceedings is not absolute, it is generally easier to protect confidential information and avoid
Parties to international contracts who agree to the arbi-
unwelcome publicity in arbitration than in court pro-
tration of disputes (rather than litigation in court) do so
ceedings. Most arbitration rules and modern arbitra-
for many reasons. National courts apply rules of pro-
tion laws provide that a tribunal’s award is binding on
cedure that may be unfamiliar to foreign litigants, who
the parties, with strictly limited recourse against the
would need to retain local counsel. In contrast, an arbi-
award. Arbitral awards can be enforced more easily
tration can be conducted in a country chosen by the
than court judgments in many countries, pursuant to
parties which is the home base of neither and which
the Convention on the Recognition and Enforcement of
both consider to be neutral. Because they generally
Foreign Arbitral Awards (to which more than 140 coun-
have a role in the selection of arbitrators, the parties
tries are parties) and other treaties.
In order to reduce legal fees, free up management time and
try to retain an ongoing working relationship with business
partners, parties in most cases will be well advised to try to
resolve their disputes by negotiating a settlement agreement.
One of the most effective ways of achieving such an agreement is by mediation. A third-party mediator (or “neutral”)
can help to reopen channels of communication between the
parties when these have become blocked by mistrust or for
other reasons. Mediations can take many different forms and
can take place at any stage of a dispute.
Companies doing business in the international arena need
the assistance of legal counsel who are familiar with arbitration law and mediation and experienced in the practice of
both. This assistance does not, and should not, begin when
a dispute arises. It is important, for example, to ensure that
the dispute resolution provisions of the company’s contracts
are well drafted, so that they satisfy the parties’ requirements
and are effective in case of a dispute. If a dispute does arise,
counsel can help identify and contain contractual risks at
an early stage in the process, suggest a strategy and represent the company (as claimant or respondent) in an eventual
arbitration, mediation or other dispute resolution proceeding.
The senior members of the Paris
AREAS OF EXPERIENCE
Jones Day advises clients and serves as lead or cocounsel in
team are (clockwise from top left)
international arbitration and mediation proceedings across a
wide spectrum of transactions and projects, including:
Michael Bühler, Jacob Grierson,
• Construction and engineering (FIDIC and EPC contracts).
Carroll Dorgan, Annet van Hooft,
• Joint venture agreements and M&A transactions.
• Energy, from oil and gas exploration, development, and
Pierre Heitzmann and Sigvard
production to electricity generation, transmission, power
plants and pipelines.
Jarvin. Their profiles and contact
• Telecommunications and satellites.
• License, management and franchise agreements as well
information can be found on our
as distribution and sales contracts in different industries
(including food and liquor, hotel and leisure).
web site: www.jonesday.com.
The Paris international dispute resolution team has extensive
experience of representing clients in arbitrations and mediations in Europe, Asia-Pacific and North America under many
different arbitration and mediation rules, including those on
the following page:
• The International Chamber of Commerce (ICC).
The Paris international dispute resolution team works
• The American Arbitration Association (AAA), including the
closely with the Paris litigation team, headed by Paris part-
International Centre for Dispute Resolution (ICDR).
ner Laurent Martinet, representing clients in the French
• The London Court of International Arbitration (LCIA).
courts and in French court-ordered mediations and assist-
• The World International Property Organization (WIPO).
ing the arbitration practice with large-scale arbitrations. Both
• The Court of Arbitration for Sport (CAS).
teams are part of Jones Day’s global International Litigation
• The Arbitration Institute of the Stockholm Chamber of
& Arbitration Practice. Jones Day’s lawyers work in small
Commerce (SCC).
teams of appropriate seniority, assisting each other in pro-
• The German Institution of Arbitration (DIS).
viding advice on local law and procedure and collaborating
• The Cairo Regional Centre for International Commercial
to ensure that case preparation (factual investigation, wit-
Arbitration (CRCICA).
ness interviews, etc.) is handled efficiently — a method that
• The Netherlands Arbitration Institute (NAI).
has proved to be very cost-effective for clients. We also work
• The Belgian Centre for Arbitration and Mediation (CEPANI).
closely with our colleagues in other offices to advise clients
• The International Arbitral Centre of the Austrian Federal
on legal issues relating to dispute resolution and to represent
Economic Chamber (Vienna Rules).
• The International Centre for Settlement of Investment
them in arbitrations, and we work with cocounsel in countries
in which Jones Day does not have offices.
Disputes (ICSID).
• The United Nations Commission on International Trade Law
(UNCITRAL).
Jones Day’s International Litigation & Arbitration Practice
comprises more than 60 lawyers in our offices in Beijing,
Brussels, Dubai, Frankfurt, Hong Kong, London, Madrid, New
In addition, members of our team often serve as arbitra-
Delhi, Paris, Shanghai, Singapore, Taipei and Tokyo. Jones
tors and mediators in complex international arbitrations and
Day’s One Firm Worldwide philosophy promotes seamless
mediations throughout the world.
coordination between the International Litigation & Arbitration
Practice in Europe and Asia and more than 60 other lawyers with significant international arbitration experience in
THE PARIS INTERNATIONAL DISPUTE
RESOLUTION TEAM
other practice areas and Jones Day locations throughout
The international dispute resolution team in Jones Day’s
cipally in our Dallas, Houston, Los Angeles, New York, San
Paris Office is composed of nearly a dozen lawyers. The
Francisco and Washington offices, who handle a number of
team is diverse, with extensive experience in arbitration and
international arbitrations and mediations for North American
international trade and business generally. We comprise six
companies. Nearly 150 lawyers within the Firm regularly share
nationalities (American, British, Dutch, French, German and
their detailed arbitration knowledge, putting Jones Day in a
Swedish), and we advise clients and conduct arbitrations
position to defend clients’ interests and adopt tailor-made
in six languages (Dutch, English, French, German, Spanish
strategies according to the specific needs of each dispute.
the world. Lawyers in the Paris Office work closely with colleagues in the Firm’s highly acclaimed Trial Practice, prin-
and Swedish).
The head of the team, Dr. Michael Bühler, has been a member
of the ICC International Court of Arbitration since 1997 and is
ADDITIONAL INFORMATION
also the head of litigation and arbitration of Jones Day Europe.
For additional information regarding our international dis-
Sigvard Jarvin is a former General Counsel (1982–87) and for-
pute resolution practice, please contact your principal Firm
mer member of the ICC Court (1988–95). Jacob Grierson is an
representative or the lawyer listed in this publication. General
English barrister and a CEDR-accredited mediator.
email messages may be sent using our “Contact Us” form,
which can be found at www.jonesday.com.
LAWYER CONTACT
PARIS
33.1.56.59.39.39
Michael W. Bühler
[email protected]
JONES DAY GLOBAL LOCATIONS
ATLANTA
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LOS ANGELES
NEW YORK
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MEXICO CITY
PITTSBURGH
TAIPEI
BRUSSELS
HONG KONG
MILAN
SAN DIEGO
TOKYO
CHICAGO
HOUSTON
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SAN FRANCISCO
WASHINGTON
CLEVELAND
IRVINE
MUNICH
SHANGHAI
COLUMBUS
LONDON
NEW DELHI
SILICON VALLEY
© 2011 Jones Day. All rights reserved.
5. Jones Day Paris Commercial and Corporate
Litigation
ƒ Practice Overview
21
Practice Overview
The Paris commercial and corporate litigation team, headed up by partner Laurent Martinet, is made
up of 10 lawyers.
Highly Experienced in Litigation Before the French Courts
The litigation team advises companies on all aspects of pre-litigation and litigation, whatever the
adversary. For services not directly provided by it, the team has also established a network of
trustworthy correspondents (local attorneys, experts and bailiffs) that share its rigorous work-product
and legal ethics standards.
Broad-based, the team’s work tends to fall into the following
main practice areas:
ƒ
Corporate Litigation
ƒ
Industrial Litigation/Product Liability
ƒ
Competition Law
Practice Highlights
Ranked yearly among the best
“dispute resolution” practices
in France in:
ƒ Chambers Global
Corporate Litigation
The Paris team advises on and litigates business law
disputes, including in particular relating to M&A transactions.
The team regularly assists clients in risk analysis, in both the
pre-litigation and litigation phases of a claim, and in seeking
temporary and/or permanent injunctions where appropriate.
The team also advises clients on disputes related to equity
transactions, civil and criminal liability attaching to company
directors and the legal entities they manage, as well as the
risks associated with the sale and distribution of goods.
ƒ The Legal 500 - EMEA
ƒ Legal 500 - Paris
Ranked yearly as a highly
reputed practice in France by
the French magazine Décideurs
Stratégie Finance Droit
Industrial Litigation/Product Liability
Laurent Martinet is highly experienced litigators and negotiators in product liability actions. In
response to an ever more restrictive regulatory environment, they provide upstream advice to
companies on the implementation of long-term strategies to minimize risk, and also assist them
downstream throughout the litigation phase. Calling on its extensive litigation expertise, the team
regularly assists clients involved in industrial scale disputes, including those related to product-series
defects.
Competition Law
The team is highly experienced in the field of competition and distribution law. It regularly advises
clients as to competition law issues and regulatory audits conducted by the French DGCCRF and its
related administrative branches in connection with special offers, sales, price labeling and advertising
campaigns, and also in relation to company directors’ criminal liability under French, European and
international regulations. In the area of distribution law, the team assists distributors in their business
relationships (franchises, affiliated agents…) and with respect to issues such as the reorganization of
a distribution network or the termination of a dealer's agreement at the national level, including in light
of new European regulations. The team also assists in managing issues related to product quality
requirements (general terms of sale or purchase, non-compliance of products and goods, delays in
delivery).
22
6. More about Jones Day
23
Managing Partner: Stephen J Brogan
Website: www.jonesday.com
Since its founding in 1893, Jones Day has grown, in response to
its clients’ needs, from a small, local practice to a truly global firm
with more than 2,500 lawyers resident in 34 offices around the
world. Today, Jones Day is one of the largest global law firms, and
counts approximately half of the Fortune Global 500 among its
clients.
Year after year, its results earn Jones Day global awards and
recognition. The firm’s commitment to client service has repeatedly
earned the firm the ‘Number One for Client Service’ ranking
awarded by the BTI Consulting Group based on a survey of more
than 2000 Fortune 1000 general counsel.
Jones Day’s greatest strength is its ‘One Firm’ approach, which
allows the firm to quickly create multi-office and multidisciplinary
teams worldwide. Jones Day’s global reach, management
structure, and integrated global technologies have been
purposefully designed to permit it to efficiently respond to each
client’s needs with tailor-made service, creating the most effective
team, strategy, and experience to serve its clients best.
Jones Day offers a full suite of integrated legal services throughout
its offices in Europe, the US, Latin America, Asia and the Middle
East, and has helped clients with legal matters in connection with
every major industry.
GLOBAL REACH: 2500 lawyers worldwide
Jones Day has announced that it will open an office in São Paulo (Brazil)
and associate offices in Alkhobar and Jeddah (Saudi Arabia) in 2011.
*Riyad office is in association with Alsulaim Alawaji & Partners Law
Firm.
24
Main Areas of Practice
ƒ Antitrust and competition law;
ƒ Banking and finance;
ƒ Business restructuring and
reorganization;
ƒ Capital markets;
ƒ Corporate criminal
investigations;
ƒ Employee benefits and
executive compensation;
ƒ Energy; Environmental,
health and safety;
ƒ Financial institutions litigation
and regulation;
ƒ Government regulation;
ƒ Healthcare; insurance
recovery;
ƒ Intellectual property;
ƒ International litigation and
arbitration;
ƒ Issues and appeals;
ƒ Labour and employment;
ƒ Mergers and acquisitions;
ƒ Private equity;
ƒ Product liability and tort
litigation;
ƒ Real estate;
ƒ Securities and shareholder
litigation and SEC
enforcement;
ƒ Tax; and
ƒ Trial practice.
7. The Paris Office
The Paris Office of Jones Day opened in 1970. Our lawyers advise a wide range of U.S.,
French, and other multinational clients on domestic and cross-border matters. Our clients
include major corporate groups, as well as banks and financial institutions, private equity, real
estate and venture capital funds), public agencies and entities, and other institutional clients.
The Paris Office has more than 90 lawyers, including 21 partners. All Paris Office lawyers are
fluent in French and English, and many are fluent in other languages also.
We serve our clients in respect of both “inbound”
French law matters and “outbound” matters that call on
the resources of the Firm’s fully-integrated worldwide
network.
Our practices include: mergers and
acquisitions; venture capital and private equity; debt and
equity capital markets; banking and finance;
restructuring and insolvency; real estate; environmental,
health and safety; tax; EU and French competition law;
French public and administrative law; commercial
litigation; international arbitration; intellectual property;
and labor law. Paris Office lawyers have specific sector
experience in a number of industries, including
automotive, oil and gas, energy, mining, chemicals,
financial services, and telecommunications. A number
of our Paris Office lawyers have experience in matters
involving other French-speaking jurisdictions, including
in North and Sub-Saharan Africa.
Our lawyers are committed not only to our clients, but
also to our community. We represent the non-profit
organization Helen Keller International on a pro bono
basis. In an innovative public private partnership
arrangement, Jones Day lawyers worked with the U.S.
State Department to plan and complete the renovation
of the historic Hotel de Talleyrand (former site of the
U.S. Consulate in Paris), which host the Paris office of
Jones Day since May 2010.
25
Highlights
ƒ All areas of expertise of Paris Office
listed in the guides:
ƒ Chambers Global
ƒ Chambers Europe
ƒ The Legal 500 EMEA
ƒ #1 in M&A for French Announced
Deals, based on number of deals, for
“Year End 2009” (Bloomberg)
ƒ #1 in Climate Change for two
consecutive years in Chambers
Europe (2009 and 2008 Editions)
ƒ #1 in Private Equity/Venture Capital
in France in Chambers Europe (2010
Edition)
26
8. Jones Day to Open Offices
ƒ Jones Day to open three offices in Saudi
Arabia
ƒ Jones Day to open office in São Paulo
27
Jones Day to open three offices in Saudi Arabia
January 11, 2011 - The global law firm Jones Day has announced that it will open
three offices in the Kingdom of Saudi Arabia in 2011. The offices will be located in
Riyadh, Jeddah and Alkhobar. These openings will bring the total number of Jones Day
locations worldwide to 37.
Jones Day will practice in the Kingdom in association with Alsulaim Alawaji & Partners Law Firm, a
Saudi firm established in 1990 and with which Jones Day has worked closely for many years.
Yusuf Giansiracusa has rejoined Jones Day as Partner-in-Charge resident in the Riyadh office,
which opened on January 1, 2011. Mr. Giansiracusa has worked with Saudi clients and foreign
clients doing business in the Kingdom for the last twenty years. He represents several of the leading
commercial and industrial families and has a broad range of experience in commercial and corporate
transactions, industrial and infrastructure projects, OGP and private client matters.
Alsulaim Alawaji & Partners and Jones Day will open offices in Jeddah and in Alkhobar later in 2011.
These offices will focus on project finance, mergers and acquisitions, and dispute resolution. The
Partner-in-Charge resident in the Jeddah office will be Fahad Habib who will relocate from Jones
Day’s Washington office. Mr. Habib has for many years represented Saudi clients in complex
litigation and has assisted multinational corporations on trade and regulatory issues involving the
Middle East. The Partner-in-Charge resident in the Alkhobar office will be Oliver Passavant who has
practiced at Jones Day for many years in both the United States and in Germany. Mr. Passavant has
extensive experience in energy, mergers and acquisitions, finance, corporate restructuring, and
intellectual property.
Stephen J. Brogan, Managing Partner of Jones Day said, "we are delighted to welcome Yusuf
Giansiracusa back to the Firm and we know that he will make a real contribution in Riyadh, where he
is one of the most senior Western lawyers. We are also very pleased to re-establish our relationship
with Alsulaim Alawaji & Partners, a first-class firm with whom we have had a long and very positive
working relationship."
Mr. Brogan added that, "Jones Day has represented a number of important Saudi clients over the
past two decades in a wide range of matters, including defending clients against unfair accusations of
wrongdoing brought against them in high-profile litigation in the United States. In 2009, the firm
decided it was time to re-establish a physical presence in the region, and we opened an office in
Dubai. The Kingdom is the centre of economic activity in the Middle East and by far the largest
economy. Opening associate offices in Riyadh, Jeddah and Alkhobar is a natural next step as we
seek to serve our clients’ needs in each of the three quite different and very important commercial
centers in the Kingdom."
Mr. Giansiracusa said, "I am delighted to be back at Jones Day and pleased that the Saudi clients I
have represented for many years will have the benefit of the sophisticated legal services that Jones
Day can offer in key business centers around the world."
28
Jones Day to open office in São Paulo
October 2010 - The global law firm Jones Day has announced that it will open an office
in São Paulo, Brazil. This will be the Firm's 33rd office and its second in Latin America
after Mexico City.
The office will launch as a foreign legal consultancy, as required by the Brazilian Bar Association
(OAB), and will open as soon as all regulatory approvals are obtained. Jones Day will open its own
office, with no association or alliance with any local law firm.
Jones Day São Paulo will focus on supporting global clients with inbound investments into Brazil and
elsewhere in Latin America, working together with the best local independent firms, as well as
providing legal counsel to Brazilian companies in their international operations. The São Paulo Office
will concentrate on cross-border M&A, private equity, banking and finance, and project
finance/infrastructure transactions, as well as energy and capital markets.
Stephen J. Brogan, Managing Partner of Jones Day, said "Brazil is a dynamic, expanding economy,
and one of the world's key emerging markets. It is a significant commodity producer, a world leader in
energy, and home to some of the most important worldwide infrastructure projects undertaken in
recent years. With Latin America's largest and deepest stock market, massive inbound investment,
and soon-to-be-massive outbound investment, Brazil has been identified by many clients as central to
their global strategy. It is the biggest market in the world where Jones Day does not have a presence,
and its importance will only increase in future years, making Brazil an ever more important economy
for our clients."
Luis Riesgo, Chair of the Latin American practice, will move to São Paulo to serve as Partner-inCharge of the new office. Mr. Riesgo, who served as Partner-in-Charge of the Madrid Office of Jones
Day for the last five years, is ranked by Chambers as a leading lawyer in Latin America in
Corporate/M&A, and was recently identified as one of the top 30 foreign lawyers in Latin America by
Latin Business Chronicle. He comments, "We feel that having a physical presence in Brazil would
allow us better to serve our clients, and my relocation to São Paulo underscores Jones Day's
commitment to serve them in Brazil and Latin America."
Mercedes Fernández will take over from Luis Riesgo as Partner-in-Charge of the Madrid Office.
Mercedes is Chair of the International Litigation & Arbitration Practice in Madrid. Her practice focuses
on civil law procedure, and encompasses arbitral and judicial proceedings. She has been ranked
both as a leading lawyer by Chambers Global 2009 for her work in international arbitration in Latin
America, as well as by Chambers Europe 2009 for her work in litigation in Spain. Ms. Fernandez is
also recommended in PLC Which Lawyer? 2009 and is a board member of the Spanish Arbitration
Club. Ms. Fernández' litigation experience is centered on disputes arising from construction contracts
and large civil engineering projects, construction defects, energy projects, distribution, and merger
and acquisition transactions.
Stephen J. Brogan, Managing Partner of Jones Day, said "Jones Day can never have enough
leaders. The leadership appointments that we are announcing today are a tribute to Mercedes and
Luis' great work and commitment to the Firm, as we continue developing the next generation of
leaders worldwide."
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Mr. Riesgo will be joined in São Paulo by Sanjiv Kapur and S. Wade Angus, corporate partners in
Cleveland and New York respectively, each with extensive experience working with clients on
transactions in Brazil and throughout Latin America. They have developed a practice that includes
mergers and acquisitions, private equity investments, infrastructure, mining and energy transactions,
pharmaceutical, technology outsourcing, and other strategic alliances, as well as banking and finance
and capital markets. All of them are following the process required to be admitted as consultants on
foreign law in São Paulo.
Jones Day, which will run its Latin America practice from Brazil, has represented clients in the region
for decades, and is among the very few law firms that will have offices in São Paulo, Mexico City, New
York and Madrid, and the U.S. and Asia business and finance hubs.
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