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 Michael W. Bühler – Jones Day Ulrich Hagel – Bombardier Transportation Hannah Tümpel – International Chamber of Commerce 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 mbuehler@jonesday.com Areas of Focus International Litigation & Arbitration Trial Practice Energy Michael started his career as counsel at the ICC International Africa Practice Court of Arbitration, of which he was the German member Construction (1997-2009). He is co-chair of the Task Force of the ICC 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 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 jgrierson@jonesday.com Areas of Focus Barrister (Lincoln's Inn), England and Wales International Litigation & Arbitration 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 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 mbuehler@jonesday.com JONES DAY GLOBAL LOCATIONS ATLANTA DALLAS LOS ANGELES NEW YORK SINGAPORE BEIJING DUBAI MADRID PARIS SYDNEY BOSTON FRANKFURT MEXICO CITY PITTSBURGH TAIPEI BRUSSELS HONG KONG MILAN SAN DIEGO TOKYO CHICAGO HOUSTON MOSCOW 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 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: Corporate Litigation Industrial Litigation/Product Liability Competition Law Practice Highlights Ranked yearly among the best “dispute resolution” practices in France in: 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. The Legal 500 - EMEA 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 Antitrust and competition law; Banking and finance; Business restructuring and reorganization; Capital markets; Corporate criminal investigations; Employee benefits and executive compensation; Energy; Environmental, health and safety; Financial institutions litigation and regulation; Government regulation; Healthcare; insurance recovery; Intellectual property; International litigation and arbitration; Issues and appeals; Labour and employment; Mergers and acquisitions; Private equity; Product liability and tort litigation; Real estate; Securities and shareholder litigation and SEC enforcement; Tax; and 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 All areas of expertise of Paris Office listed in the guides: Chambers Global Chambers Europe The Legal 500 EMEA #1 in M&A for French Announced Deals, based on number of deals, for “Year End 2009” (Bloomberg) #1 in Climate Change for two consecutive years in Chambers Europe (2009 and 2008 Editions) #1 in Private Equity/Venture Capital in France in Chambers Europe (2010 Edition) 26 8. Jones Day to Open Offices Jones Day to open three offices in Saudi Arabia 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." 29 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. 30 31
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