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CorporateINTL

Corporate INTL Global Dispute Resolution & Litigation Adviser Guide 2012


Global Dispute Resolution & Litigation Adviser Guide Introduction Alternative dispute resolution One consequence of recent economic strife is that businesses now face more litigious times. An increasing complaint of businesses is that it is cheaper to settle a dispute than risk the current high costs associated with defending a writ in the courts. Reforms and simplifications of civil law procedures have been attempted for many years, but they remain costly, complex and beyond the means of many businesses. Alternative dispute resolution (ADR) is a process designed to help two opposing parties reach an agreement outside of the courts. In recent years, ADR has also gained acceptance worldwide. The process of ADR comprises dispute resolution techniques that fall outside of government judicial process. Some courts now require parties to conduct ADR of some kind before permitting the parties’ cases to be tried. The rising popularity of ADR can be attributed to the increasing caseload of courts, the lower cost of ADR in comparison with litigation, and emphasis on client confidentiality. ADR is generally classified into four types: negotiation, mediation, collaborative law, and arbitration. Negotiation Negotiation is a dialogue intended to resolve disputes, to produce an agreement upon courses

of action, to bargain for advantage, or to reach outcomes to satisfy key interests. In negotiation, participation is voluntary and there is no official third party to facilitate the process. Mediation In mediation, there is a third party mediator who facilitates the resolution process and may even suggest a resolution (known as a mediator’s proposal) but who does not impose a resolution on the parties. Mediation gives the parties the opportunity to discuss the issues raised in the charge, determine underlying interests or concerns, find areas of agreement, and finally reach resolutions. A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. Collaborative law In collaborative law, each party has an attorney who facilitates the resolution process within specifically contracted terms. The parties reach agreement with support of the attorneys and mutually-agreed experts, though no one imposes a resolution on the parties. Arbitration In arbitration, participation is usually voluntary and there is a third party who imposes a resolution. Arbitrations often occur because parties to contracts


agree that any future dispute concerning the agreement will be resolved by impartial individuals. This is known as a “Scott-Avery Clause”, named after the case Scott v Avery (1865), which reads: “neither party [...] shall bring any action or other legal proceedings against the other of them in respect of any such dispute until such dispute shall first have been heard and determined by the arbitrator(s) [ ... ], in accordance with the Arbitration Rules and [ ... ] an award from the arbitrator(s) [ ... ] shall be a condition precedent to [ ... ] any action or other legal proceedings [ ... ]”. Mediation/arbitration is a hybrid where a third party can move from a mediating stance to a position of more authority if the parties cannot find a solution. There are other methods of ADR, such as early neutral evaluation, where an expert third party such as a surveyor or accountant gives their opinion on the strength of a case. A more formal procedure is expert determination, where the disputing parties agree to be bound by the decision of a neutral expert. Retired judges or private lawyers are able to re-train as arbitrators or mediators; however, trained and qualified non-legal dispute resolution specialists form a growing body within the ADR field. In the US, many states now have mediation or other ADR programmes joined with the courts, to facilitate settlement of lawsuits. ADR in the UK Between 1993 and 1996, Lord Woolf conducted a

wide-ranging enquiry into the civil justice system, attempting to create and implement a root and branch review of the civil law system in England. The aim was to simplify the system and reduce the backlog of pending and unresolved civil litigation cases. In his 1995 Interim Report on Access to Justice, he highlighted three interrelated problems of cost, delay and complexity as central to the changes that needed to be made to the civil law system. This enquiry formed the basis of the new civil procedure rules brought into English civil law in 1999. The civil procedure rules included references to ADR in rules of court and introduced pre-action protocols, with their emphasis on settlement outside of court. Global popularity Away from litigation, alternative dispute resolution techniques continue to gain popularity worldwide. The boom of mediation as a means of resolving disputes outside the courts has been impressive, and is confirmed by an expanding list of respected mediators. Increasingly there is a push towards mediation and pre-litigation investigative work – as a preventative measure against settling disputes in the civil courts. Many lawyers and solicitors are positive about ADR and mediation in particular. The majority see the role of mediation continuing to expand in the future. Court time is being freed up, and although judges have been losing business in the courts, they have been gaining business and recognition separately as mediators.


Index

B

The Bahamas.......... DELANEY PARTNERS......................................................................25 Belize....................... Courtenay Coye LLP..........................................................................6 Brazil........................ Ferro, Castro Neves, Daltro & Gomide Advogados.........................26 Brazil........................ Lautenschlager, Romeiro e Iwamizu Advogados............................27 Brazil........................ J.R.Amaral Advogados....................................................................28 Brazil........................ Milaré Advogados............................................................................29 Brazil........................ Delmanto Criminal Law Office.........................................................30 Brazil........................ Zanoide De Moraes, Peresi & Braun...............................................31 Brazil........................ Licks Attorneys................................................................................32 Brazil........................ Vicente Nogueira Advogados - São Paulo......................................33 Brazil........................ Deloitte.............................................................................................34 Brazil........................ Intercorp Group...............................................................................36

C

Cayman Islands....... Campbells..........................................................................................7 Cayman Islands....... KRyS Global.....................................................................................35 Chile........................ Flores y Asociados Abogados.........................................................37 Chile........................ Aguayo Ecclefield & Martinez..........................................................38 Colombia................. Ibarra Abogados..............................................................................39 Colombia................. Vargas & Vargas Abogados.............................................................40 Colombia................. Camilo Valencia Abogados..............................................................41

E

Ecuador................... LARREÁTEGUI, MEYHTALER & ZAMBRANO ABOGADOS..............8

G

Germany.................. BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH...................9

M

Mexico..................... Garcia Barragan Abogados, S.C.....................................................10 Mexico..................... BUFETE GARCÍA JIMENO S.C........................................................11 Mexico..................... Rodríguez Dávalos Asociados.........................................................42 Mexico..................... Basham, Ringe y Correa, S.C..........................................................43 Mexico..................... B&B Global Consultores SC............................................................44


N

Netherlands............. Heussen B.V....................................................................................12 Nigeria..................... Udo Udoma & Belo-Osagie.............................................................13 Nigeria..................... Udo Udoma & Belo-Osagie.............................................................14

P

Panama................... Icaza, González-Ruíz & Alemán......................................................45 Portugal................... Sousa Machado, Ferreira da Costa & Associados – Sociedade de Advogados, R.L. (SMFC)............................................................15

R

Romania.................. Zamfirescu Racoti Predoiu Attorneys at Law...................................16 Russia...................... AstapovLawyers International Law Group.......................................17

S

Saudi Arabia............ Al-Yaqoub Attorneys & Legal Advisers in association with Hogan Lovells..............................................................................................18 Singapore................ Braddell Brothers LLP......................................................................19 Singapore................ AsiaLegal LLC..................................................................................20

T

Turkey...................... Paksoy Attorneys at Law..................................................................21 Turkey...................... Paksoy Attorneys at Law..................................................................22

U

United Kingdom...... Johnsons Solicitors..........................................................................23


Courtenay Coye LLP Belize

Our firm provides local companies, international law firms, banks and other financial institutions, trust companies, and private individuals with expert advice on Belizean law.

Eamon H. Courtenay SC

Ashanti Arthurs Martin

Litigation

Pricilla J. Banner

We offer a full range of services in contentious disputes in the courts in Belize in arbitrations and in other tribunals and inquiries. We have particular expertise in the handling of complex commercial litigation including cases involving multiple parties, many witnesses or the evidence is of a technical nature. As a common law jurisdiction, many of the remedies which are used in England such as freezing injunctions and Norwich Pharmacal orders are utilised in Belize. We appear in the Supreme Court, Court of Appeal and in appeals to the Caribbean Court of Justice (‘CCJ’) located in Trinidad, which is the highest appellate court. Since the inception of the CCJ, Courtenay Coye LLP appeared in the second substantive appeal from Belize to be argued before the CCJ. Courtenay Coye LLP has also represented clients on interlocutory applications before the CCJ. Courtenay Coye LLP appeared in the only extradition appeal from Belize to go to the Privy Council. It was a landmark decision and future appeals will go to the Caribbean Court of Justice.

Eamon H. Courtenay SC Senior Partner Tel: +501 223 1476 ecourtenay@courtenaycoye.com Ashanti Arthurs Martin Senior Associate Tel: +501 223 1476 amartin@courtenaycoye.com Pricilla J. Banner Associate Tel: +501 223 1476 pbanner@courtenaycoye.com www.courtenaycoye.com 15 A Street Belize City

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Mr Courtenay, in particular, has advised in matters relating to international law as he was a member of the team of attorneys-at-law that presented the case for the government of Belize in the facilitation process between Belize and Guatemala when both governments sought a peaceful resolution of the claim by Guatemala to Belizean Territory. He also served as honorary legal adviser to the International Federation of the Red Cross and Red Crescent Societies based in Geneva, Switzerland.


Campbells Campbells is one of the leading law firms in the Cayman Islands, with more than 40 years’ experience advising local and international clients. Our lawyers are recognised for their expertise by the leading directories and trade press (including Euromoney and World Finance Magazine) and we regularly advise some of the biggest names in finance, investment and insurance on local and offshore work. Our litigation practice is one of the strongest in the Cayman Islands and we are regularly instructed on the most high profile and complex cases in the jurisdiction.

J Ross McDonough

Alistair Walters

Guy Manning

Kirsten Houghton

Cayman Islands

The Firm:

Campbells is widely recognised for its litigation strength and has particular expertise in investment funds disputes and all aspects of the liquidations of investment funds. Members of the department appear before the Grand Court, Court of Appeal and Privy Council and have been involved in numerous reported cases. Clients range from large international, financial and trading organisations to liquidators and trustees in bankruptcy of international and local entities, participants in investment and trust structures and Cayman Islands Government Agencies. In particular, we have substantial experience acting for liquidators, creditors and shareholders of distressed companies in cross border liquidations and corporate reorganisations, as well as acting for the local restructuring departments of the major accounting firms. Our litigators also regularly appear as expert witnesses and speak at local and international conferences, and a number of our lawyers are admitted to practise in the BVI. Department head Ross McDonough has practised at the Cayman bar for 18 years and is ranked band 1 in the Chambers and Partners Guide 2012. Alistair Walters earns praise for his vast contentious experience relating to banking, finance and trusts and is an accredited mediator and certified fraud examiner. Guy Manning is a specialist insolvency litigator. Barrister Kirsten Houghton has a broad commercial dispute resolution practice and is a chartered arbitrator and also an accredited mediator.

Litigation

Litigation:

J Ross McDonough Partner, Head of Litigation Tel: +345 914-5859 RMcDonough@Campbells.com.ky Alistair Walters Managing Partner Tel: +345 914-5861 AWalters@Campbells.com.ky Guy Manning Partner Tel: +345 914-5868 GManning@Campbells.com.ky Kirsten Houghton Senior Associate Tel: +345 914-5854 KHoughton@Campbells.com.ky www.campbells.com.ky PO Box 884 Grand Cayman, KY1-1103

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LARREÁTEGUI, MEYHTALER & ZAMBRANO ABOGADOS Ecuador José Meythaler Baquero

Margarita Zambrano de Pinto

Larreátegui, Meythaler & Zambrano Abogados is one of the firms with more experience in Ecuador which counts with an expertise profile in litigation due to the high professionalism of the associate attorneys and partners that are part of the firm, who are specialized in the civil, criminal, tax, intellectual property, competence law, health registration, labor, constitutional, dispute resolution and litigation fields, etc. In each of the specialized areas, our firm is formed by teams duly integrated by counsels very well skilled for the adequate legal advice to our clients and the best representation on litigation trials.

Litigation

For a firm specialized in litigation the amendments on the procedural law are essential and require all our emphasis. I can mention as a significant change in recent years the entry into force of the Organic Code of the Judiciary Body on March 9, 2009 through the Official Gazette Supplement No. 544; by which the principle of oral proceedings is introduced as a new procedural form for the simplification of justice and always taking precautions to accelerate the proceedings. Gabriela Mendieta

José Meythaler Baquero Senior Partner Tel: 022232720 Ext. 270 jmeythaler@lmzabogados.com Margarita Zambrano de Pinto Senior Partner Tel: 022232720 Ext. 120 mzambrano@lmzabogados.com Gabriela Mendieta Associate Lawyer Tel: 022232720 Ext. 138 gmendieta@lmzabogados.com www.lmzabogados.com Av. 6 de Diciembre y Paul Rivet Edificio Josueth Gonzalez, 10mo piso

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Larreátegui, Methaler & Zambrano Abogados provides specialized litigation services in all fields of law, and it is specially required for causes that mediates commercial, civil, criminal, intellectual property, tax and labor litigation. Currently, we provide our consultancy services in civil, intellectual property, tax and other issues to companies of the Pharmaceutical and Agrochemical Industry and R&D; as well as energy, oil, foreign trade and transnational companies.


BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH

Moreover, the firm’s partners and advisers closely cooperate with their specialised colleagues of other law practices and/or external experts of non-legal areas. These include auditors, engineers, insurance specialists, medics, psychologists and communication consultants, among others. This type of cooperation has proven to be highly effective in facilitating the best possible preparation and presentation of each dispute.

Prof. Dr Holger Peres

Dr Michael L. Ultsch

Dr André Depping

Volker Herrmann

Dispute Resolution

“It is not our first priority to succeed in litigation at any cost, but rather to maximise benefit and minimise risk in the client’s interest,” said Dr. Holger Peres. He added: “We seriously consider alternative dispute resolution proceedings, as long as their implementation is deemed promising in the individual case.”

Germany

Dr Holger Peres, partner at BEITEN BURKHARDT, notes that the firm assists clients in all manner of national as well as cross border commercial cases. The firm’s legal advisory practice focuses on disputes – especially: liability issues with a technical background, corporate litigation, and alternative dispute resolution.

Client representation is generally provided for legal disputes before state courts for arbitration proceedings and expert determination proceedings, as well as for mediation and adjudication proceedings. Meanwhile, for complex litigation, BEITEN BURKHARDT uses specialist software to organise the facts of a dispute as well as to control the consistency. To this end, the firm compiles a risk and cost analysis, subsequently providing an objective, concise and clear account of the facts of the dispute. The firm’s arbitration services include: advice on the terms of arbitration agreements; representation in arbitration proceedings; selection of arbitrators; participation as party arbitrator, single and presiding arbitrator; and enforcement of arbitration awards. The firm’s team is also familiar with ad hoc procedures – as well as with institutional arbitration proceedings in accordance with the rules of ICC, DIS, AAA, LCIA and the Vienna, Stockholm and Suisse rules.

Prof. Dr Holger Peres Rechtsanwalt, Partner, Head of Litigation Practice Group Tel: +49 (0)89 35065 1331 Holger.Peres@bblaw.com Dr Michael L. Ultsch Rechtsanwalt, Partner Tel: +49 (0)89 35065 1332 Michael.Ultsch@bblaw.com Dr André Depping Rechtsanwalt, M.L.E., Partner Tel: +49 (0)89 35065 1331 Andre.Depping@bblaw.com Volker Herrmann Rechtsanwalt, LL.M. Tel: +49 (0)30 26471 274 Volker.Herrmann@bblaw.com www.beitenburkhardt.com Ganghoferstrasse 33 80339 Munich

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Garcia Barragan Abogados, S.C. Mexico

Since its foundation, Garcia Barragan Abogados, S.C. has rendered services to domestic as well as foreign clients. The firm’s offices are located in Mexico City. However, it has clients nationwide and handles their affairs through correspondent relationships with law firms or prestigious lawyers in Mexico’s most important cities.

Manuel García Barragán M.

Concerning its international practice, the firm maintains strong relationships with several renowned law firms throughout the US, as well as with law firms in Europe and the Far East. The firm also maintains correspondent relationships with prestigious law firms in several countries of Central and South America.

Dispute Resolution

The firm is composed of four general partners and eight associates, professionals in technical areas related to patents and other industrial creations, translators, paralegals, a pool of secretaries and an adequate number of administrative staff. The legal, technical, secretarial and administrative staff are highly experienced and qualified to deal with domestic and foreign clients, and all of them are fluent in English. The firm’s partners have participated in international transactions and businesses both in Mexico and abroad. In addition, the firm is affiliated with lawyers’ associations abroad. Meanwhile, Garcia Barragan Abogados, S.C. has, for several years, been active in the national and international commercial arbitration arena as counsel to parties. One of the partners of the firm is an arbiter of the National Chamber of Commerce of Mexico City, of Mexico’s Arbitration Center, of the Mexican Chapter of the International Court of Arbitration of the International Chamber of Commerce, and of the American Arbitration Association. Another of the partners is an arbiter appointed by the National Institute of Copyrights. The partners participate in this activity as counsel to parties; further, two of them participate as arbiters. All of them are fully familiarised with these procedures. Moreover, the firm offers ample experience in litigation in all administrative and judicial instances. Manuel García Barragán M. Partner Tel: +(5255) 57 03 30 20 mgb@gb-abogados.com.mx www.gb-abogados.com.mx Río Guadiana No 11, Col. Cuauhtémoc C. P. 06500 México, D. F.

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BUFETE GARCÍA JIMENO S.C. Mexico

BUFETE GARCÍA JIMENO S.C. (BGJ) was founded in 1970, by Francisco García Jimeno. Mr García Jimeno specialised in private law, civil and commercial litigation, and was dean of the one of the most prestigious Law Schools in Mexico, “Escuela Libre de Derecho”. Today, BGJ is one of the leading litigation law firms in Mexico City, dedicated exclusively to all aspects of complex litigation and trial practice, including commercial law and bankruptcy.

Litigation

Lawyers in the firm have extensive experience in negotiating settlements involving a broad range of subject areas, including debt restructuring, commercial law, construction, financial disputes, bankruptcy (Concurso Mercantil). They have negotiated with bondholders acting on behalf of the debtors in the international markets. Moreover, the firm has represented creditors and debtors in bankruptcy proceedings in many states of the Mexican Republic, in accordance with the 2000 Mexican Bankruptcy Law. The firm offers a variety of services to corporations, other law firms, government agencies and individuals. Its team of professionals has provided legal counselling to leading corporations in many countries involving businesses in Mexico. Meanwhile, they have the ability and knowledge to represent a diverse client base and have a have strong practice in cross border insolvency, having acted in the first proceeding of this kind in Mexico’s federal courts. The team has also advised major banks and institutions on debt restructure, acquisition finance and insolvency related matters – and the firm members have acted as expert witnesses in the US Courts, including the bankruptcy courts.

Jorge J. Sepúlveda García Partner Tel: +52 (55) 5511-4080 / +52 (55) 55149796 jjsepul@gjimeno.com www.gjimeno.com Conjunto Plaza del Angel, Londres 161, Torre “A” Piso 5, Col. Juárez 06600, México, D.F.

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Heussen B.V. Netherlands

Heussen is an independent, Amsterdam-based Dutch law firm specialised in corporate, commercial and employment law. Heussen has a strong international focus and cooperates with Heussen Rechtsanwaltgesellschaft mbH, one of Germany’s biggest independent law firms with offices in Berlin, Frankfurt, Stuttgart, Brussels and New York, as well as with Heussen Italia, with offices in Rome, Milan and Conegliano. Mr P.A. (Paul) Josephus Jitta

Mrs I.Y. (Yvonne) de Jong

The firm’s litigation practice covers all types of (international) litigation matters. Its partners and associates advise and assist in matters that vary from small to large, and from straightforward to complex.

Litigation

Paul Josephus Jitta, Heussen partner, noted that the firm provides high quality and pragmatic legal services. Its small teams of highly dedicated, driven and experienced lawyers ensure that clients always receive the personal attention that they desire. They favour a personal approach, taking into account the individual requirements of the client in arriving at a bespoke package. Mr G.W. (Willem) de Bouter

When asked to describe the firm’s typical client base, Mr Josephus Jitta noted: “Our client base is comprised of large-, medium- and small-sized Dutch and foreign companies. In particular, clients from the US, the UK, Scandinavia and Asia (Japan, China, Taiwan, and Korea) are well represented.” He added: “In order to best serve our clients, we encompass a Japanese practice, a Chinese practice and a Swedish practice, all headed by native lawyers – as well as a Spanish & Latin American practice, headed by a Spanish speaking lawyer.”

Mr P.A. (Paul) Josephus Jitta Partner – Litigation Tel: +31-20-312 2812 paul.josephus.jitta@heussen-law.nl Mrs I.Y. (Yvonne) de Jong Senior Associate – Litigation Tel: +31-20-312 2813 yvonne.de.jong@heussen-law.nl Mr G.W. (Willem) de Bouter Associate – Litigation Tel: +31-20-312 2879 willem.de.bouter@heussen-law.nl www.heussen-law.nl De Entree 51 1101 BH Amsterdam

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“Currently, the types of litigation that are proving the most prevalent include: corporate and commercial litigation, including liability issues; interpretation of contracts; breach of contract; tort litigation assessment; insurance litigation; earn-out disputes; seizure of assets; summary proceedings; as well as international disputes.”


Udo Udoma & Belo-Osagie

The firm’s clients include multinational and domestic corporations, non-profit organisations, multilateral and bilateral financing institutions, international organisations, embassies and state governments, as well as the Government of the Federal Republic of Nigeria.

Nigeria

Based in Lagos, Udo Udoma & Belo-Osagie (UUBO) maintains a reputation for seeking to actively develop legal solutions as well as for providing sophisticated legal advice within the firm’s chosen niche areas. These include corporate and commercial litigation, arbitration and alternative dispute resolution, energy, electric power and natural resources, banking, capital markets, corporate restructuring, M&A, project finance, IP, labour, tax and maritime practise. Uzoma Azikiwe, Esq.

Mr Olugbenga Michael Ojo

In 2009, Lagos State – the foremost commercial city in Nigeria – enacted its own arbitration law, the Lagos State Arbitration Law (LSAL), to provide for the resolution of disputes by arbitration in Lagos State and for matters connected therewith. Although the LSAL is a more contemporary legislation when compared to the Arbitration and Conciliation Act Chapter A18, Laws of the Federation of Nigeria 2004 (ACA) which is a federal enactment with countrywide application, there has been some controversy regarding the constitutionality of the LSAL. This argument centres on the validity of the LSAL as regards to the existence of the ACA, which is a federal enactment that has covered the entire field of commercial arbitration. Until this issue is settled by the courts, parties and/ or their solicitors, who would like their commercial disputes subjected to the more contemporary LSAL, would have to worry about a possible challenge to arbitral proceedings or awards conducted or made under the LSAL.

Dispute Resolution

The partners at UUBO noted that the Federal and State judiciaries in Nigeria have, for some time now, embarked on review of their respective dispute resolution procedures, for which reviews are aimed at ensuring a speedier and easier determination of cases. Mr Festus Onyia

Uzoma Azikiwe, Esq. Partner Tel: +234 1 4622307-10 uzoma.azikiwe@uubo.org Mr Olugbenga Michael Ojo Managing Associate Tel: +234 1 4622307-10 gbenga.ojo@uubo.org Mr Festus Onyia Senior Associate +234 1 4622307-10 festus.onyia@uubo.org www.uubo.org St. Nicholas House, (10th & 13th Floors) Catholic Mission Street, Lagos

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Udo Udoma & Belo-Osagie Nigeria

Based in Lagos, Udo Udoma & Belo-Osagie (UUBO) maintains a reputation for seeking to actively develop legal solutions as well as for providing sophisticated legal advice within the firm’s chosen niche areas. These include corporate and commercial litigation, arbitration and alternative dispute resolution, energy, electric power and natural resources, banking, capital markets, corporate restructuring, M&A, project finance, IP, labour, tax and maritime practise. Uzoma Azikiwe, Esq.

Mr Olugbenga Michael Ojo

The firm’s clients include multinational and domestic corporations, non-profit organisations, multilateral and bilateral financing institutions, international organisations, embassies and state governments, as well as the Government of the Federal Republic of Nigeria.

Litigation

The partners at UUBO noted that the Federal and State judiciaries in Nigeria have, for some time now, embarked on review of their respective dispute resolution procedures, for which reviews are aimed at ensuring a speedier and easier determination of cases. Mr Festus Onyia

Uzoma Azikiwe, Esq. Partner Tel: +234 1 4622307-10 uzoma.azikiwe@uubo.org Mr Olugbenga Michael Ojo Managing Associate Tel: +234 1 4622307-10 gbenga.ojo@uubo.org Mr Festus Onyia Senior Associate +234 1 4622307-10 festus.onyia@uubo.org www.uubo.org St. Nicholas House, (10th & 13th Floors) Catholic Mission Street, Lagos

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In 2009, Lagos State – the foremost commercial city in Nigeria – enacted its own arbitration law, the Lagos State Arbitration Law (LSAL), to provide for the resolution of disputes by arbitration in Lagos State and for matters connected therewith. Although the LSAL is a more contemporary legislation when compared to the Arbitration and Conciliation Act Chapter A18, Laws of the Federation of Nigeria 2004 (ACA) which is a federal enactment with countrywide application, there has been some controversy regarding the constitutionality of the LSAL. This argument centres on the validity of the LSAL as regards to the existence of the ACA, which is a federal enactment that has covered the entire field of commercial arbitration. Until this issue is settled by the courts, parties and/ or their solicitors, who would like their commercial disputes subjected to the more contemporary LSAL, would have to worry about a possible challenge to arbitral proceedings or awards conducted or made under the LSAL.


Sousa Machado, Ferreira da Costa & Associados – Sociedade de Advogados, R.L. (SMFC)

Alexandre de Sousa Machado

SMFC has accumulated experience in litigation, civil, family and inheritance, labour, commercial, insolvency, debt collection, administrative and fiscal. The partners’ experience enables the firm to advise clients, benefiting from the services of inter-disciplinary groups specially designed to offer guidance in estate management, within the context of the closely held ‘family businesses’.

Manuel Ferreira da Costa

Litigation

Companies represented include mobile communications, information technology, insurance, automobiles, real estate, farming & food, pharmaceuticals and cosmetics, as well as a host of private clients. There are many arbitration centres available in Portugal, and SMFC is equipped to offer dispute resolution services in all such areas – not only before the Portuguese courts but also before any arbitral tribunals, including global institutions.

Portugal

SMFC is a law firm located in Lisbon, founded in 1991. Litigation constitutes one of its most significant practices. The firm’s litigation team undertakes advisory services in legal proceedings involving a variety of fields, and provides counselling to corporate clients in the telecoms and services fields as well as in debt collection efforts.

Mafalda Vaz Pinto

Mr Alexandre de Sousa Machado noted: “We represent clients’ interests in insolvency proceedings, deliver solutions for the implementation of preventative measures for companies in critical situations, assist in debt collection procedures, and assist with termination of employment contracts.” SMFC also has a specialist team for litigation concerning family and inheritance law. Mr de Sousa Machado added: “We assist throughout litigation procedural stages as well as in proceedings that occur once the judicial process has been completed. We frequently handle cases where inheritance-related questions arise. For these cases, there is special emphasis on the negotiation of extra-judicial agreements on estate-sharing and conducting inventory proceedings.”

Alexandre de Sousa Machado Partner Tel: +351 210924800 asm@smfcnet.com Manuel Ferreira da Costa Partner Tel: +351 210924800 mfc@smfcnet.com Mafalda Vaz Pinto Associate Tel: +351 210924800 mvp@smfcnet.com www.smfc.pt Rua Castilho nr. 5, 4th floor, 1250-066 Lisbon

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Zamfirescu Racoti Predoiu Attorneys at Law Romania

Dispute Resolution is a key practice of Zamfirescu Racoti Predoiu Attorneys at Law, accounting for more than half of its work. With an undisputed position of leadership on the Romanian market, the firm offers local and international litigation and arbitration advice.

Calin-Andrei Zamfirescu

Stan Tirnoveanu

Understanding that litigating is not always the most desirable way to preserve a business relationship, the firm works closely with clients to determine the best strategy in preparing and conducting an alternative dispute resolution. At the same time, its lawyers identify and refine the best arguments to use in case of litigation, permanently helping clients to assess the risks and likelihood of success.

Dispute Resolution

Zamfirescu Racoti Predoiu’s top-tier litigation practice always provides focused and valuable service, and has an outstanding national and international reputation.

Cosmin Vasile

Calin-Andrei Zamfirescu Senior Partner Tel: +(40 21) 311 05 17 (18) calin.zamfirescu@zrp.ro Stan Tirnoveanu Managing Partner Tel: +(40 21) 311 05 17 (18) stan.tirnoveanu@zrp.ro Cosmin Vasile Partner Tel: +(40 21) 311 05 17 (18) cosmin.vasile@zrp.ro www.zrp.ro 12 Plantelor Street Bucharest RO-023974, District 2

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According to senior partner Calin-Andrei Zamfirescu, its clients are primarily medium- or large-sized companies that are “always on the move – developing new projects and thus always in need of a complete set of legal assistance and representation services, be it in the form of preventive legal advice, or representation in the various disputes that are bound to appear during the course of every company’s activity.” Mr Zamfirescu noted that because in 2011 a new Civil Code entered into force, this year it is time for the Civil Procedure Code to be changed. The current code dates back to 1865, with a major modification in 1948, and is “long due for a new facelift since the current times have transgressed the limits envisaged when the code was created”. He added: “The New Civil Procedure Code, expected to enter into force in mid 2012, will change the manner in which dispute resolution is conceived and treated in Romania – some of its declared scopes being the predictability of the judicial system, and raising the awareness and involvement of the litigant parties and expediency of the civil process.”


AstapovLawyers International Law Group

According to Andrey Astapov, managing partner, many of the firm’s clients are large-sized international firms that conduct their activity within the CIS countries, and face the realities and peculiarities of doing business in each country. The firm advises Ukrainian and Russian companies with respect to resolving disputes within the UK, Switzerland and France, as well as other jurisdictions. Moreover, AstapovLawyers provides high quality support concerning disputes within the areas of agriculture, commodities, finance, maritime, insurance and IP, among others. Mr Astapov noted: “Legislation on mediation has not been adopted so far in Ukraine, so there is no legal framework for the application of this potentially efficient ADR method – and it does not enjoy the same judicial support as, say, arbitration.” He added: “Otherwise, legislation in the post-Soviet countries has developed quite actively in recent years. To mention some changes that have directly affected Ukraine:- the terms for trial in all courts, as well as the terms for enforcement of court decisions, have been significantly reduced. Further, the procedure for the recognition and enforcement of foreign arbitral awards has been supplemented by the possibility of requesting for interim measures in support of the enforcement of respective awards in local courts.”

Andrey Astapov

Oleh Beketov

Oleh Gromovoi

Eugene Blinov

Dispute Resolution

The firm is primarily committed to the principles of innovation, creativity and professionalism; meanwhile, the firm’s lawyers stay abreast of all legislative changes affecting their role, and offer a bespoke approach to their broad client base.

Russia

AstapovLawyers’ expertise within the dispute resolution area extends not only to arbitration and special arbitration (GAFTA and FOSFA), but also to significant supplemental practise within the sphere of litigation. Meanwhile, its litigation practice exceeds the jurisdiction of Ukraine, thus encompassing the jurisdictions of the Russian Federation and the UK, among other diverse regions.

Andrey Astapov Managing Partner Tel: +7 (495) 987 12 10 astapov@astapovlawyers.com Oleh Beketov Counsel Tel: +7 (495) 987 12 10 beketov@astapovlawyers.com Oleh Gromovoi Senior Associate Tel: +7 (495) 987 12 10 gromovoi@astapovlawyers.com Eugene Blinov Counsel +7 (495) 987 12 10 blinov@astapovlawyers.com www.astapovlawyers.com Svyatogor-2 Business Ctr, 10 Letnikovskaya St Building 2, 8th Floor, Moscow, 115114

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Al-Yaqoub Attorneys & Legal Advisers in association with Hogan Lovells Saudi Arabia

According to the IFLR 1000, Al-Yaqoub Attorneys & Legal Advisers in association with Hogan Lovells was established in 2009, and has offices in Riyadh and Jeddah. Head of Islamic finance Rahail Ali, and head of the Hogan Lovells Saudi offering, Imran Mufti (who was promoted to partner in May 2010), represent Lovells’ leading figures in the Kingdom. Meanwhile, Montasir Al Mohammed is managing partner of AlYaqoub Attorneys & Legal Advisers.

Dispute Resolution

On the debt side of capital markets, the firm has acted as counsel to CrĂŠdit Agricole as coordinator, and Calyon Saudi Fransi, GIB Financial Services, HSBC Saudi Arabia and Samba Capital and Investment Management Company as joint lead managers and joint book runners on a SR2 billion ($533 million) bond offering from the Arab Petroleum Investments Corporation (APICORP) in October 2010. In Islamic finance work, the association advised Samba Financial Group and HSBC Bahrain on a seven-year $280 million shariah-complaint financing facility with Saudi Telecom Co for its subsidiary VIVA Bahrain. This deal was closed in February 2011.

Mr Montaser Al Mohammed Managing Partner Tel: +966 1 211 0600 Ext 0 or 227 fbatua@alyaqoub.com www.alyaqoub.com Level 56, Kingdom Tower, Aroba Street, Olaya Road PO Box 57288, Riyadh

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Managing partner Edmund Kronenburg noted: “We proudly carry on the rich legacy of excellence and commitment entrusted to us by our alumni of prominent litigators and jurists, many of whom have gone on to serve in the judiciary, government and academia. We are known for guiding clients strategically at every stage of a dispute, from the point of initial advice all the way through to final resolution – whether by trial, arbitration or a commercial settlement in our clients’ best interests.” In recent years, Singapore has emerged as a leading centre for international commercial arbitration, rivaling London and Hong Kong. Its strengths include its central geographical location, world class infrastructure and communication facilities, stable political environment, pro-arbitration policy, and the fact it is perceived by both East and West to be a neutral dispute resolution venue. Mr Kronenburg said: “Moreover, the Singapore courts are very pro-arbitration, i.e. if a contract contains an arbitration clause, the courts will almost always stay proceedings brought in breach of such a clause, in favour of arbitration. The High Court of Singapore works with the Singapore Mediation Centre to contact parties in cases that they feel would benefit from mediation. The Singapore Subordinate Courts have also been systematically referring certain types of disputes to proceed to court-facilitated mediation (also known as Court Dispute Resolution or CDR).”

Edmund Kronenburg

Tan Kok Peng

Elaine Seow

Anand Nalachandran

Dispute Resolution

Braddell Brothers LLP is Singapore’s third-oldest law practice, founded in 1883. Today, the firm is a boutique litigation, arbitration and corporate practice, specialising in high-end, complex civil and commercial litigation, criminal litigation and international arbitrations (e.g. SIAC, ICC, UNCITRAL) in Singapore, Jakarta and the Asia Pacific region. Its lawyers have experience representing clients in large, high stakes and difficult cases ordinarily regarded as the private reserve of Singapore’s largest law firms and specialist dispute resolution practices.

Singapore

Braddell Brothers LLP

Edmund Kronenburg Managing Partner Tel: +65 6499 9491 ej.kronenburg@braddellbrothers.com Tan Kok Peng Principal Partner Tel: +65 6499 9492 kokpeng.tan@braddellbrothers.com Elaine Seow Partner Tel: +65 6499 9496 elaine.seow@braddellbrothers.com Anand Nalachandran Partner Tel: +65 6499 9498 anand.nalachandran@braddellbrothers.com www.braddellbrothers.com One Raffles Place #30-02 Singapore

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AsiaLegal LLC Singapore

AsiaLegal LLC was established in December 2002 and has four directors: Timothy Tan, P. Jeya Putra, Magdalene Chew and Wendy Leong. In addition, the firm is home to seven fee-earners. Timothy Tan is also a Commissioner for Oaths and Notary Public; meanwhile, P. Jeya Putra is a Fellow of the Singapore Institute of Arbitrators and a Member of the Chartered Institute of Arbitrators (London).

Litigation

The firm specialises in shipping and admiralty litigation, including marine insurance, marine collision, charterparty disputes and non-contentious advisory work involving sale and purchase of vessels and oil and gas exploration contracts. AsiaLegal is also involved in commercial / civil litigation and arbitration. Clients include shipowners, charterers, shipyards, P&I Clubs, bunker suppliers and purchasers as well as various commodity firms. Moreover, AsiaLegal is regularly appointed by foreign and local solicitors to advise and act for them in shipping-related matters in the Singapore courts. AsiaLegal has handled a number of significant matters since its incorporation. These include: acting for the owners of the vessel ‘Kaminesan’ in respect of issues arising out of a three-ship collision involving the vessels ‘Hyundai No. 105’ and ‘Mamitsa’, which is an on-going matter in the Singapore Courts. Additional matters that AsiaLegal has been involved in for the years 2010 and 2011 include:Timothy Tan Director Tel: +65 6538 9984 timothy@asialegal.com.sg P. Jeya Putra Director Tel: +65 6538 6488 jeya@asialegal.com.sg Magdalene Chew Director Tel: +65 6538 4384 magdalene@asialegal.com.sg Wendy Leong Director Tel: +65 6538 8963 wendy@asialegal.com.sg www.asialegal.com.sg 8 Robinson Road, #08-00 ASO Building Singapore 048544

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Advising and acting for a large shipowning group on enforcement actions in Singapore against another large shipping group in respect of arbitration awards of US$40 million. Advising a large shipbuilding group listed on SGX on (a) shipping-related issues in respect of the group’s restructuring of its bank and trade debts, and (b) the restructuring and mortgage of a vessel sale and purchase contract with a well-known international offshore support company valued at some US$30 million, and subsequent enforcement actions relating to the mortgage.


Paksoy Attorneys at Law

The firm represents multinational and domestic companies in both civil and administrative courts in disputes arising from state tenders, procurement matters, construction, products liability, competition, commercial and employment matters.

Turkey

Paksoy’s litigation and arbitration practice is home to a strong team of lawyers representing complex disputes in construction, commercial, civil liability, securities, damages, insolvency and shareholder conflicts.

Serdar Paksoy

Arda Ozgil

Gokhan Bozkurt

Mustafa Bozkurt

“Meanwhile,” Mr Paksoy added, “the firm’s clients come from all over the world. Paksoy acts for leading investment banks, financial institutions, industrialists and private equity investors from across the globe, Europe, the Middle East, the Far East and the United States. Their sectors range from manufacturing, banking, IT, financial services, retail, energy, life sciences, real estate and infrastructure.”

Litigation

Senior partner Serdar Paksoy noted: “We distinguish ourselves from rivals significantly because of our multi-disciplinary capabilities, industry/sector specialists, and our support teams from other practice areas in the firm.”

Looking at the industry in general, the Turkish Civil Procedural Law has recently been amended, in October 2011 (the New Code). In Turkey, commercial court cases – which, for many, constitute the most important part of the Turkish litigation practice – are handled in accordance with the Civil Procedural Law. Enacted in 1927, this Law has been amended numerous times since then. The most common criticisms brought against the Law have been its complexity, combined with its loopholes, which made it vulnerable to abuse by defendants acting in bad faith – delaying court proceedings. Mr Paksoy stated that the New Code has brought forth a number of useful procedural mechanisms, which would obviously have an accelerating effect in respect of court proceedings – thus reaching an expeditious outcome from the courts.

Serdar Paksoy Senior Partner Tel: +90 212 366 4700 spaksoy@paksoy.av.tr Arda Ozgil Associate Tel: +90 212 366 4700 aozgil@paksoy.av.tr Gokhan Bozkurt Associate Tel: +90 212 366 4700 gbozkurt@paksoy.av.tr Mustafa Bozkurt Associate Tel: +90 212 366 4700 mbozkurt@paksoy.av.tr www.paksoy.av.tr Sun Plaza Bilim Sokak No. 5 K:14 Maslak 34398, Istanbul

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Paksoy Attorneys at Law Turkey

Paksoy’s litigation and arbitration practice is home to a strong team of lawyers representing complex disputes in construction, commercial, civil liability, securities, damages, insolvency and shareholder conflicts.

Serdar Paksoy

Arda Ozgil

The firm represents multinational and domestic companies in both civil and administrative courts in disputes arising from state tenders, procurement matters, construction, products liability, competition, commercial and employment matters. Senior partner Serdar Paksoy noted: “We distinguish ourselves from rivals significantly because of our multi-disciplinary capabilities, industry/sector specialists, and our support teams from other practice areas in the firm.”

Dispute Resolution

Gokhan Bozkurt

Mustafa Bozkurt

“Meanwhile,” Mr Paksoy added, “the firm’s clients come from all over the world. Paksoy acts for leading investment banks, financial institutions, industrialists and private equity investors from across the globe, Europe, the Middle East, the Far East and the United States. Their sectors range from manufacturing, banking, IT, financial services, retail, energy, life sciences, real estate and infrastructure.” Looking at the industry in general, the Turkish Civil Procedural Law has recently been amended, in October 2011 (the New Code).

Serdar Paksoy Senior Partner Tel: +90 212 366 4700 spaksoy@paksoy.av.tr Arda Ozgil Associate Tel: +90 212 366 4700 aozgil@paksoy.av.tr Gokhan Bozkurt Associate Tel: +90 212 366 4700 gbozkurt@paksoy.av.tr Mustafa Bozkurt Associate Tel: +90 212 366 4700 mbozkurt@paksoy.av.tr www.paksoy.av.tr Sun Plaza Bilim Sokak No. 5 K:14 Maslak 34398, Istanbul

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In Turkey, commercial court cases – which, for many, constitute the most important part of the Turkish litigation practice – are handled in accordance with the Civil Procedural Law. Enacted in 1927, this Law has been amended numerous times since then. The most common criticisms brought against the Law have been its complexity, combined with its loopholes, which made it vulnerable to abuse by defendants acting in bad faith – delaying court proceedings. Mr Paksoy stated that the New Code has brought forth a number of useful procedural mechanisms, which would obviously have an accelerating effect in respect of court proceedings – thus reaching an expeditious outcome from the courts.


Johnsons Solicitors is a long established firm founded in 1898. The current partners have developed an exceptional reputation in a number of key areas. The firm has extensive experience in property and general commercial litigation, acting for clients from Europe and the US. Paul Tweed is a registered Foreign Legal Consultant with the California Bar Association. Featured in Legal 500, Johnsons is recognised by Chambers UK 2012 Guide as a leading firm in Northern Ireland in dispute resolution, defamation/reputation management, personal injury and professional negligence.

Paul Tweed

Kenny Chambers

David Craig

John McMahon

Dispute Resolution United Kingdom

Johnsons Solicitors

With offices strategically located in London, Dublin and Belfast, we are able to provide our clients with a comprehensive and cost-effective service across the UK and Ireland. The firm represents major national and international insurance companies in Northern Ireland and has extensive experience in managing employers’ liability claims on behalf of major private sector employers. Paul Tweed’s defamation/reputation management practice has expanded rapidly over the past 12 months, primarily due to the firm’s ability to litigate simultaneously out of offices in London, Dublin and Belfast. He has acted in a significant volume of defamation and privacy cases from international and local clients anxious to achieve a prompt and effective vindication of their reputation. Paul Tweed is gaining an international reputation in mediation having been appointed to the panels of JAMS International and IMAC. He has been a consistent advocate of mediation when appearing before the House of Commons Joint Committee on Defamation and several Ministry of Justice Panels. Mr Tweed has been involved in many successful mediations and arbitrations relating to the entertainment business and other commercial disputes.

Paul Tweed Senior Partner Tel: +44 028 90240 183 paul.tweed@johnsonslaw.co.uk Kenny Chambers Partner Tel: +44 028 90240 183 kenny.chambers@johnsonslaw.co.uk David Craig Partner Tel: +44 028 90240 183 david.craig@johnsonslaw.co.uk John McMahon Partner Tel: +44 028 90240 183 john.mcmahon@johnsonslaw.co.uk www.johnsonslaw.co.uk 50-56 Wellington Place Belfast BT1 6GF / 21 Arlington Street London SW1A 1RN / 4 Harbourmaster Place IFSC Dublin 1 London Dublin Belfast

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Annual Subscribers


DELANEY PARTNERS The Bahamas

DELANEY PARTNERS is a group of leading commercial lawyers in The Bahamas, advising financial, business and private clients. John K F Delaney QC heads the firm’s insolvency practice, bringing leading counsel experience and know-how. His insolvency litigation practice spans more than 20 years. Mr Delaney has been counsel to liquidators, receivers, creditors, shareholders and boards of directors in corporate insolvencies, as well as instructing counsel on behalf of creditors, liquidators and receivers in cross-border insolvencies. In 2009, he undertook a period of public service as the Attorney-General and Minister of Legal Affairs, where he led comprehensive legislative action in support of the financial services industry. His strong command of this area of practice made him well suited to spearhead a modernisation of the laws of The Bahamas on corporate insolvencies, resulting in a state-of-the-art regime, which came into force on April 30, 2012.

John K F Delaney QC

DELANEY PARTNERS regularly advises on cross-border insolvency engagements, such as representing a receiver appointed by the United States District Court for recognition in The Bahamas; representing joint official liquidators appointed by the Supreme Court of The Bahamas over foreign entities which conducted business from The Bahamas; and advising in the liquidations of entities in an international group of companies alleged to have perpetrated a Ponzi scheme in multiple jurisdictions. The firm’s advisory services include guiding strategy development, liaising with local and foreign regulators, instructing foreign counsel, facilitating recognition in foreign jurisdictions, advising on complex issues arising in the course of cross-border investigations and representing joint official liquidators in various court applications. The team’s extensive insolvency practice experience includes the following: • Counsel to court-appointed liquidators of investment funds, private banks and trust companies • Counsel to petitioners of the liquidation of private banks, funds and trading concerns • Bahamian counsel to receivers appointed by the US District Court • Legal adviser to liquidators of a financial institution based in a neighbouring Commonwealth Caribbean jurisdiction • Representing former directors in proceedings brought by court appointed liquidators • Advising on issues arising in proposed pre-packaged receiverships or liquidations A boutique commercial practice, the firm offers financial institutions, high net worth individuals, family offices, commercial enterprises dedicated and skilled legal advisers an unparalleled level of responsiveness, availability and personal attention. Its language capabilities are English, Spanish, Greek and Italian. DELANEY PARTNERS are leading commercial attorneys providing legal solutions for business.

John K F Delaney QC Senior Partner Tel: +242-702-4500 jdelaney@delaneypartners.com www.delaneypartners.com

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Ferro, Castro Neves, Daltro & Gomide Advogados Brazil

Daltro Borges is a founding partner of Ferro, Castro Neves, Daltro & Gomide Advogados, a boutique law firm dedicated to litigation, specialised in commercial litigation, with emphasis on bankruptcy and restructuring.

Daltro Borges

Mr Daltro is recognised by his peers and clients as a “think-outsidethe-box” lawyer, having used several new concepts even before they were enshrined in the Brazilian bankruptcy/restructuring law. Clients often highlight his capacity to understand business and legal problems and craft customised solutions in the most diverse areas. A leading individual in this area, Mr Daltro participates in several study committees dedicated to his area of expertise. These include one from the Institute of Lawyers of São Paulo (IASP) and one from the Brazilian Bar Association, Rio de Janeiro chapter (OAB-RJ). Mr Daltro is also a member of the Brazilian Institute of Reorganisation Studies (IBR) and the Turnaround Management Association (TMA). Mr Daltro has acted as counsel in major insolvency and restructuring proceedings in Brazil, including ones from Varig, Arapuã, Mesbla, NET and Parmalat. He has experience acting in various situations of credit dysfunction, such as on behalf of (i) a creditor of an insolvent company on the creditors committee, (ii) the debtor, and (iii) a potential buyer. He also acts regularly as counsel for private equity funds and distressed assets funds. His most representative clients in this area are: LDC commodities (Dreyfus Group); Libra Terminais; Companhia Albertina; Banco Safra; BANCO ABC; Eneva and Prumo Logística. Mr Daltro also has extensive experience in commercial litigation and arbitration, having acted as counsel before State and Federal Courts and in arbitration proceedings before the International Chamber of Commerce and several domestic chambers. BR Malls and CR2 are representative clients for his commercial litigation practice.

Daltro Borges Founding Partner Tel: +55 21 2519-1900 daltro.borges@fcdg.com.br www.fcdg.com.br

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Lautenschlager, Romeiro e Iwamizu Advogados Brazil

Eduardo Romeiro has about 20 years of practice in the litigation area. Mr Romeiro is a managing partner of Lautenschlager, Romeiro e Iwamizu Advogados, co-founded the firm in 2005. Mr Romeiro is a member of the Brazilian Bar Association; the Institute of Attorneys of Sao Paulo; the International Bar Association; chairman of the Executive Committee of Law Exchange International; and arbitrator of the European Chamber in Sao Paulo. Mr Romeiro has a solid background in civil and commercial complex and strategic judicial litigation, comprising cross border litigation, class actions, contractual disputes, corporate litigation, product liability and credit recovery, among others. He also has broad experience in arbitration proceedings involving commercial matters of different nature.

Eduardo Romeiro

He has successfully acted in the following recent matters, among others: • Cases involving contractual disputes over infrastructure projects of the Brazilian government, defending a relevant European client in the Power & Energy field – global amount over $200 million; • Strategic litigation cases involving the subsidiary of a US manufacturer in the household appliances business in relevant product liability issues; • $75 million litigation involving civil engineering projects and civil responsibility for alleged defects in the project; • $50 million corporate litigation brought by shareholders against the board of directors in representation of the board; • $200 million credit recovery for financial institution, concerning syndicated loans operations and others. Lautenschlager, Romeiro e Iwamizu Advogados provides specialised legal services in litigation and consulting, relating to a wide range of areas and fields of law. The firm represents clients in court in public and private litigation involving the several fields of law, such as civil, commercial, corporate, bank, bankruptcy, consumer protection, antitrust, administrative law and intellectual property litigation, among other fields, before the lower courts, state courts of appeals and higher court levels. Eduardo Romeiro Managing Partner Tel: +5511 2126 4610 cer@lrilaw.com.br www.lrilaw.com.br

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J.R.Amaral Advogados Brazil

Jose Romeu Amaral is the managing partner of J.R.Amaral Advogados and is responsible for the corporate/M&A area. He is a professor at Insper, where he teaches corporate law and legal aspects of corporate finance. He has a Master Degree in Corporate Law at Universidade de São Paulo, and an LLM at Northwestern University School of Law. He also has a Post-Degree in Corporate Law at Mackenzie and an MBA in Corporate Management at Unicamp. Jose Romeu Garcia do Amaral

Before setting up J.R.Amaral Advogados, Mr Amaral was a partner at Bichara, Barata & Costa Advogados; general counsel at Sadia S.A.; executive legal manager at JBS S.A., and worked at Greenberg Traurig LLP (New York office). He is a member of the Brazilian Corporate Law Institute – IDSA, the International Bar Association, the Private Law Institute, the Brazilian Corporate Governance Institute, and is also a director and executive office of the Lawyer’s Defense Movement Institute. He was worked on several M&A deals, including local and cross-border transactions in many sectors such as: food; education; retail; textile (apparel clothing); construction; real estate; energy; environmental services; and transport. Mr Amaral stated that the firm has differentiated its services by assisting its clients with a tailor-made and personalised approach. The firm’s partners and senior lawyers are regularly involved to deliver legal solutions that are cost-effective and add value to the clients’ business. “We understand that the knowledge of the business of our clients is a key factor to provide crafted services that are suitable to their needs,” he commented. “We distinguish ourselves also by having a consistent international experience, which comes from our participation in many cross-border transactions involving jurisdictions such as the USA, Canada, China, Russia, Saudi Arabia, Germany, Austria, Panama, Guyana, Chile, Uruguay and Argentina.”

Jose Romeu Garcia do Amaral Partner Tel: +55 11 3263 0266 romeu@jramaral.com.br www.jramaral.com.br

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Milaré Advogados Brazil

Roberta Jardim de Morais is a Leading Lawyer at Milaré Advogados, a position she has held since 2007. Academic Background: • Postdoctoral researcher in Human Rights at the Law School of the University of Coimbra, Portugal (started in 2013); • PhD in Legal Economic Sciences from the Law School of the University of Coimbra, Portugal (completed in 2010 – Approved with Distinction); • Master’s Degree in Economic Law from the Law School of the Federal University of Minas Gerais (completed in 2003 – Approved with First Class Honours); • Specialist in Medical Science Law from the Law School of the University of Coimbra, Portugal (completed in 2003); • Specialist in Competition Law from the Law School of the Federal University of Minas Gerais (completed in 2000); • Specialist in International Trade Law from the University Institute of European Studies, Torino, Italy (completed in 1995); • Bachelor’s Degree in Law from the Law School of the Federal University of Minas Gerais (completed in 1994).

Roberta Jardim de Morais

Publications: • Author of Safety and Labelling of Genetically Modified Foods – An Approach of Economic Law (Segurança e Rotulagem de Alimentos Geneticamente Modificados – Uma Abordagem do Direito Econômico). Forense, 2004; • Co-Author of Aspectos Controvertidos do Direito Ambiental: Tutela Material e Tutela Processual. Belo Horizonte: Editora Fórum, 2013; • Co-Author of Novo Código Florestal, 2nd Edition. São Paulo: RT, 2013; • Author of several articles on biosafety published in newspapers and periodicals. Languages: • English; • Spanish; • French; • Italian. Roberta Jardim de Morais Leading Lawyer Tel: +55 1130467470 - Ext.: 7423 roberta@milare.adv.br www.milare.adv.br

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Delmanto Criminal Law Office Brazil

Delmanto Criminal Law Office, located in the city of São Paulo, was founded in 1935 by Dante Delmanto, a son of Italian immigrants who became the most famous criminal trial lawyer in Brazil, for decades. Since then, the firm has continued in the hands of his sons Celso (who passed on in 1989) and Roberto, and his grandsons Roberto, Jr and Fabio.

Roberto Delmanto, Jr

During almost 80 years of tradition, the firm has witnessed several changes in Brazilian society. From a political perspective, the firm has experienced two dictatorships: Getulio Vargas’ regime, from 1937 to 1945; and the military regime, from 1964 up to 1985, when democracy returned. The firm has existed through ups and downs in the economy. In the beginning, Brazil mainly exported commodities such as coffee beans and rubber. Later, the country was industrialised, bringing automotive and other industries. More recently, Brazil’s economy has experienced a boom, returning to the exportation of commodities, such as iron and soy beans. At the same time, the internal market has strengthened, from civil construction, oil exploitation, an increase of airplane companies etc. From a monetary perspective, Brazil has become an international creditor with a fairly strong currency. Brazil still has a huge social gap, however this has diminished in recent years. At the same time, in the last 15 years, the country experienced the impact of globalisation as several companies and banks, traditionally owned by Brazilian entrepreneurs, were bought by international investment funds and huge foreign companies. Following all this, Delmanto Criminal Law Office has managed to keep up both with tradition and innovation. Honouring the firm’s 80 years of law practice, it is fully conversant with international standards of compliance. The firm compares criminal law practice with heart surgery: the client must have eye to eye contact with their lawyer, developing trust and confidence with a specialist. The firm’s partners and associates are extremely specialised in criminal law practice, like artisans. To become an associate, a lawyer of the firm spends years in direct training with one of the partners. The partners Roberto Delmanto, Roberto Delmanto, Jr and Fabio Delmanto are co-authors of several books. The most notable of these is Commentaries on the Penal Code, which is currently in its 8th edition (Saraiva, 2010). In the last 25 years, the book has sold more than 500,000 copies among law students, judges, public prosecutors, lawyers and police authorities. It is common to see an edition of the book on a judge’s desk, an achievement which makes the firm very proud and more determined to maintain a high standard in every defence it makes.

Roberto Delmanto, Jr Partner Tel: +55 11 3887 6251 rdelmantojr@me.com www.delmanto.com

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While keeping up to date with the transformation of Brazilian society, the partners noticed a huge transformation regarding international companies which face white collar crime, ecological crime and tax crime charges. As a result, based on their expertise in those areas, obtained after years of practice in every Brazilian Court, the firm wrote a specific book in which the laws regarding those crime are discussed with updated jurisprudence: Special Criminal Laws Commented (2nd edition, Saraiva, 2014).


Zanoide De Moraes, Peresi & Braun Brazil

Maurício Zanoide De Moraes is an attorney, admitted to OAB/SP under number 107.425. He holds a B.A. in Law, received in 1989, and a PhD in Criminal Procedural Law, received in 1999, both from the Law School of the University of São Paulo – Largo São Francisco. Mr Moraes is qualified as a Professor Lecturer of Criminal Procedural Law, also from the Law School of the University of São Paulo – Largo São Francisco, and held an academic position as Associate Professor of the Department of Criminal Procedural Law at the university.

Maurício Zanoide De Moraes

He has completed specialisation courses in Economic and European Criminal Law, organised by the Law School of Coimbra (IDPEE) and by the Brazilian Institute of Criminal Sciences, 2000, as well as in Procedural Law from the Law School of the University of São Paulo – Largo São Francisco, 1991. Mr Moraes is a Former President of the Brazilian Institute of Criminal Sciences – “IBCCRIM”, 2005/2006. He was a member of the Examining Board on the XVI Exam for Substitute Federal Judge of the 3rd Region-TRF 3 (2012-2013). He has participated in a number of agencies and institutions, including: Brazilian Institute of Criminal Sciences; Institute Manoel Pedro Pimentel; Brazilian Institute of Procedural Law; Lawyers Institute of São Paulo; and Lawyers Association of São Paulo. Mr Moraes has authored books, articles and papers published in a number of specialised journals. He has acted as a lecturer in seminars and conferences and has led classes in graduation and post-graduation programs at the University of São Paulo and other institutes. Mr Moraes is fluent in English, Spanish and Italian. ````````

Maurício Zanoide De Moraes Founding Partner Tel: +55 (11) 3064 1314 mzmoraes@zmpbadvogados.com.br www.zmpbadvogados.com.br

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Licks Attorneys Brazil Otto Licks

Otto Licks Partner Tel: +55 21 35503700 otto.licks@lickslegal.com www.lickslegal.com

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Otto Licks, founder and managing partner at Licks Attorneys, has over 20 years’ experience. Acting both as an attorney and law professor, he has established a solid reputation as a trial and litigation specialist, advising clients in areas such as intellectual property and life sciences in cases involving industries related to telecommunications, medical devices and information technology – among many others. Regularly working with clients to resolve matters involving data package exclusivity, regulatory compliance, international patent issues, unfair competition, misleading advertising and qui tam actions, Mr Licks has an international client roster and considerable experience when it comes to the correct interpretation and enforcement of the law, dealing with regulatory agencies and protecting clients’ rights at all levels. He is an accomplished speaker in the United States, Europe, Asia and Latin America, and has published extensively in his areas of expertise. Professional highlights: • Recognised as one of the most notable practitioners in Brazil in the intellectual property field, “having received enthusiastic recommendations from market observers. He is particularly noted for his patent litigation capabilities”, by Chambers & Partners in 2012. • Highlighted by Análise Advocacia 500 magazine as the most admired attorney within the intellectual property area in Brazil (Out/2011). • Identified by IAM magazine as a leading patent litigator in Brazil (2011). • Who’s Who Legal Patents and Life Sciences magazines declared him as a very sharp, absolutely terrific attorney with “in-depth expertise in intellectual property and the life sciences”. (2009-2013). • Which Lawyer magazine described him as a highly recommended attorney within the intellectual property of life sciences area (2009 & 2008). • PLC Life Sciences magazine recognised Mr Licks as a highly recommended Brazilian attorney for his practice specialisation within life sciences • (2006-2012). • PLC Intellectual Property magazine identified Mr Licks as a highly recommended attorney within the intellectual property practice area (2008-2012).


Vicente Nogueira Advogados - São Paulo

Mr Nogueira provides fully integrated assistance on IP rights with extensive experience on trademarks, industrial designs and patents prosecution, including clearance opinions, maintenance and portfolio management, licensing, enforcement measures and litigation.

Brazil

Carlos Vicente da S. Nogueira is a registered Brazilian lawyer and managing partner of Vicente Nogueira Advogados - São Paulo. He has been involved with the IP field for more than 25 years and his practice includes all aspects of intellectual property counselling with an emphasis on trade mark prosecution, portfolio management and licensing, trade dress and related law. He has been also involved with patent and industrial designs prosecution, product labelling and advertising, unfair competition and litigation. Carlos Vicente da S. Nogueira

Mr Nogueira has been rendering assistance to clients from different fields such as food, pharmaceutical, cosmetics, medical devices, entertainment, electronics, lightening, metallurgy, sanitary ware and ceramics, textile, clothing, fine gifts, firearms, software, education, insurance, financial management and consultation, architecture and design, among others. Committed to providing his clients with effective and direct communication, rendering practical assistance and precise and clear opinions, Mr Nogueira has consolidated a solid image of knowing and understanding his client’s business, always working to build a relationship based on trust and respect to their needs. Being flexible and adaptable to his client’s necessities without jeopardising the quality of the services the firm provides, Mr Nogueira and his team have been seen as a trustful and respectful reference in IP law for the Brazilian jurisdiction. Admitted to the Brazilian Bar - Section of Rio de Janeiro in 1985 and to the Section of São Paulo in 1994, Mr Nogueira has served as a member of the Board of Directors of the Brazilian Intellectual Property Association - ABPI from 2004-2007 and as a Co-Advisory Counsel at the Brazilian Industrial Property Agents Association - ABAPI from 2008-2009. Mr Nogueira has been a member of several IP Groups and Associations, including: the Brazilian Intellectual Property Association (ABPI); International Trademark Association (INTA); Inter-American Association of Intellectual Property (ASIPI); Pharmaceutical Trade Mark Group (PTMG); American Intellectual Property Law Association (AIPLA); and the International Association for the Protection of Industrial Property (AIPPI). He has also been accepted as a Foreign Observer at the Asian Patent Attorney Association (APAA). Mr Nogueira’s law firm was selected as the winner in the Corporate INTL Global Awards 2012 in the category of “Industrial Design Law, Firm of the Year in Brazil” and Mr Nogueira personally has been recognised as a “Recommended Attorney” by Global Law Experts.

Carlos Vicente da S. Nogueira Managing Partner Tel: +55 11 3105 0326 Fax: +55 11 3105 7849 carlos.nogueira@vnadvogados.com www.vnadvogados.com

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Deloitte Brazil

Cristina Arantes A Berry has more than 24 years’ experience in Corporate Income Tax, Foreign Capital Legislation, Corporate Law, Corporate Reorganisation and Tax Planning. She joined Deloitte Brazil in March 2002 and is currently based in its São Paulo office.

Cristina Arantes A Berry

Ms Berry studied Law at the Faculdade de Direito da Universidade Mackenzie in São Paulo, and is a member of the Brazilian Bar Association, São Paulo section. She has participated in numerous projects such as: advising multinational clients on tax and business related to multinational joint ventures, and counselling clients on structuring and restructuring complex national and international operations. Moreover, Ms Arantes has an extensive experience in the Telecommunications, Utilities, Consumer, Manufacturing, Pharmaceutical and Media industries. Ms Berry states that her main characteristic as an adviser is to focus on the client to understand their individual business and tax requirements. In recognition of her service capability as a key adviser in this area, she recently received the accolade ‘Tax Adviser Firm of the Year in Brazil’ for the Corporate INTL Global Awards 2014. Ms Berry also notes that the Brazilian tax environment provides and requires constant updates and advisory demands, meaning that compliance work is key. Her typical client base is composed of very well-structured entities with strong technical backgrounds and knowledge.

Cristina Arantes A Berry Partner Tel: +55 11 5186 1013 caberry@deloitte.com www.deloitte.com/br

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KRyS Global

Ms MacInnis acts as a liquidator in compulsory and voluntary insolvencies, and directs specialised engagements involving asset tracing, forensic analysis and valuation assignments. Her experience is primarily in cross-border insolvency projects in Asia, Europe and Africa involving multi-jurisdictional issues and regulations. Ms MacInnis has worked with liquidation committees, creditors, investors and their advisers, and her practical experience and energetic and creative vision ensure results for clients

Cayman Islands

Margot MacInnis is an experienced leader and professional insolvency practitioner in the Cayman Islands, with a background in financial services, particularly in banking and alternative investments. She is responsible for the day-to-day operations and leading the Cayman practice of KRyS Global.

Margot MacInnis, CA, CFE, CAMS

Margot MacInnis, CA, CFE, CAMS Managing Director Tel: +1 (345) 947 4700 margot.macinnis@krys-global.com www.krys-global.com

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Intercorp Group Brazil

Intercorp Group offers global services and expert advice. The firm’s team has direct access to a unique network of professionals around the world that dedicate time to develop customised solutions, aiming to meet tax planning needs and asset preservation strategies for its clients.

Leonardo Braune

Intercorp Group was established under the supervision of Leonardo Braune with the objective of becoming one of the few truly international tax consulting boutiques, fully capable of providing high quality tax, estate planning and fiduciary structuring services, while delivering the most efficient and practical solutions to its clients. Intercorp Group is a high level consulting firm specialising in tax, estate planning and fiduciary structures. The firm’s team consists of professionals with extensive experience. With this, the team operates in a very unique way in addressing the issues of taxation, accounting and international transactions of its clients. Once the firm has assisted its clients in determining their needs, its primary purpose is to facilitate and coordinate the development and implementation of the steps involved in their project. The firm’s initial job is to assign one of its qualified coordinators, who will act throughout the entire advisory and consulting processes. These coordinators have access to an international network of professionals and specialists in many areas and are responsible for “playing the role of the client”, being therefore extremely capable of clarifying questions and giving suggestions and practical solutions to their issues. Commitment, creativity, technicality, quality and reliability are Intercorp Group’s strengths. The firm’s goal is to make its clients feel confident and comfortable that the team is handling their matter properly and efficiently. With Intercorp Group, clients can have direct or indirect access to a unique global network of specialists and professionals that will work in a simple, clear and objective manner. For over 20 years, Leonardo Braune has acted as a tax consultant in the areas of international tax, real estate planning, wealth preservation, fiduciary advice, implementation and management of international structures and project management. Mr Braune began his career at Arthur Anderson as a trainee and quickly became senior manager of the tax consulting area, acting significantly in many segments at Arthur Anderson and working very closely with several international offices on various large global projects.

Leonardo Braune Managing Partner Tel: +55 21 3282 5288 leonardo@intercorpgroup.com

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With vast experience in tax, an extremely diversified client base and a very strong global network of top specialists in many different business related areas, Mr Braune has been part of a large number of successful projects in several industries, including: oil and gas; telecommunications; real estate; international services; investment funds; and asset management.


Flores y Asociados Abogados

He is the executive director of Flores y Asociados Abogados, which is the only corporate law firm located in the two biggest Chilean cities.

Chile

José Miguel Flores Acuña is a University of Concepción Law School’s lawyer with a Master of Laws degree in Corporate Law from the University of Pompeu Fabra in Barcelona Spain and a postgraduate degree in Intellectual Property from the Ministry of Finance in Japan. He has also studied Advanced Negotiation at Harvard University’s Law School. José Miguel Flores Acuña

Mr Acuña is an undergraduate and graduate degree teacher of Corporate Law, Corporate Governance and Advanced Negotiation at the most prestigious Chilean universities. He is also a member of the board of directors of enterprises that develop in industrial, real estate and retail areas. In corporate affairs, Flores & Asociados Lawyers and its director, Mr José Miguel Flores, have excelled in the creation, development and organisation of corporate governments for various companies, as well as collaborating in the processes of sale, merger, division and transformation of them. In the development of these activities, Flores & Asociados Lawyers, has skills in the areas of negotiation, corporate, tax and financial, with a comprehensive and excellence service to its customers.

José Miguel Flores Acuña Lawyer - Principal Partner Tel: +56 (2) 2342 3220, +56 (41) 2401000 contacto@floresyasociados.cl jmflores@floresyasociados.cl www.floresyasociados.cl

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Aguayo Ecclefield & Martinez Chile Alan Krausz Bitrán

Alan Krausz Bitrán is an associate attorney at Aguayo Ecclefield & Martinez. He holds a Master in Business Law (MBL) degree, and his post-degree education includes: • Directors’ College – University of Standford-UC, Rock Center for Corporate Governance • Business Taxation – Thomson Reuters • New Approaches to Corporate Advisory – Universidad del Desarrollo • Contracts and Taxation – Universidad Finis Terrae • International Economic Relations – Universidad Mayor Mr Krausz’s practice focuses on corporate law, commercial law, consumer law and mergers and acquisitions. He has represented a broad range of clients, including purchasers, sellers, investors, financial advisers, and others. He actively participates in various board directories as director or attorney, integrally advising the company. Mr Krausz has particular experience in complex and sophisticated commercial and corporate transactions, including the merger, acquisition and sale of industrial, commercial, financial and service enterprises. He advises clients in all phases of asset and stock transactions, whether buying or selling, from planning and negotiating through consummation of the deal and afterwards. Representative engagements include assisting with due diligence investigations, negotiating and drafting merger, purchase and sale agreements, non-competition and confidentiality agreements and shareholder and management agreements. Krausz was associated for over 20 years in Bitrán & Cía law firm, where he developed and headed the consumer law department, handled complex matters for clients, represented major clients in areas of product liability and general consumer law, and advised the national authority (Sernac) through the training of its staff. Mr Krausz has actively participated as a lecturer in seminars on commercial and consumer law. He has also published several books on consumer law, including: “Tarjetas de Crédito no Bancarias y su nueva Regulación”, Editorial Legis año 2006 and “IBC Prevención de la Publicidad Engañosa”, Editorial Legis año 2010.

Alan Krausz Bitrán Associate Attorney Tel: +56 2 2246-1222 alankrausz@aem.cl www.aem.cl

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Mr Krausz is currently a professor of business law at the Universidad Adolfo Ibañez Law School (from 2004). He has also held professor positions at other Chilean universities.


Gabriel Ibarra Pardo, attorney, is a former graduate of Pontificia Universidad Javeriana. He holds an L.L.M. in International Business Legal Studies at Exeter University. For more than 20 years of professional practice, he has advised national and multinational companies, and organisations such as the Inter-American Development Bank (IDB), the Cartagena Agreement Board, and public entities such as the Ministry of Agriculture and the National University of Colombia.

Colombia

Ibarra Abogados

Gabriel Ibarra Pardo

Mr Ibarra Pardo participated as a member of the Indicative List of Governmental and non-Governmental Panellists of the World Trade Organisation, and was president of the antitrust table of the VI Business Forum of the Americas in the FTAA negotiations. In addition, between the years 2003 and 2013, he was lecturer of the Economic International Law course at Pontificia Universidad Javeriana. Currently, he is a partner of Ibarra Abogados, and renders his services as an arbitrator of the Center of Arbitration and Conciliation of the Chamber of Commerce of Bogota. Regarding international trade, Mr Ibarra Pardo has provided advice to industrial associations, such as agricultural, sugar and paper sectors in the negotiation of trade treaties, and has represented several economic sectors and companies in paramount requests of anti-dumping duties and safeguard measures in Colombia. In competition law, he represents cardinal economic sectors in antitrust and unfair competition investigations held by the Superintendence of Industry and Commerce. Likewise, he has also represented several companies in mergers before the Competition Authority, such as Abocol in its merger with Yara, and has also advised and represented Linde and BOC in a merger authorisation, as well as Protabaco in a merger with BAT, among others.

Gabriel Ibarra Pardo Partner Tel: +57 1 2360880 gibarra@ibarraibarra.com www.ibarraibarra.com

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Vargas & Vargas Abogados Colombia

Vargas & Vargas Abogados is a recognised law firm, established in Bogotá D.C., with representation in London, UK, where it is a member of the British-Colombian Lawyers Association. The firm specialises in litigation, alternative dispute resolution, advice and consultancy in areas such as, criminal law, business criminal law, human rights, civil, corporate and labour law, hydrocarbons, mining and insurance regulation, foreign investment, government contracting, among others.

Luis Fernando Vargas Rodríguez

When managing each one of its cases, confidentiality, responsibility and professionalism, as well as using the appropriate techniques, has allowed the firm to practise with success in the prevention and resolution of conflicts. The experience and youth of the team at Vargas & Vargas has allowed it to tackle new areas of law and given it a reputation for breaking new ground in Colombia and abroad. The firm and each of its lawyers have been recognised for their high level of professionalism, skill and commitment when handling each and every case. One of the firm’s most important practices is the proposition of a negotiated agreement, along with instances when it is not viable, whether it is for companies, organisations or persons, national or foreign. Luis Fernando Vargas Rodríguez, Vargas & Vargas partner and director, noted: “We outline strategies directed to protect our clients’ interests by analysing the legal reality of a dispute, thus determining the possibilities and probabilities of a possible litigation. Likewise, a consultancy gives us an overview of every client or business, allowing us to act before the possible controversy.” Luis Fernando Vargas Rodriguez works in the litigation area of Vargas & Vargas. He is a legal adviser with broad expertise in criminal, civil and corporate law, and has represented many companies in important litigations in these areas. He graduated in legal structuring and direction of oil industry projects. Mr Vargas is part of the defence team of a business group against the Venezuelan State before international bodies in the matter of human rights. He is also a member of the British-Colombian Lawyers Association and the Rosario Attorney College, and an international observer in legal processes for the International Bar Association-Human Rights Institute and the British-Colombian Lawyers Association.

Luis Fernando Vargas Rodríguez Partner / Director Tel: +57 1 6104401 +57 3212052688 info@vargasvargasabogados.com luisfernando@vargasvargasabogados.com www.vargasvargasabogados.com

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He commented: “The largest institution dedicated to dispute resolution is the judicial branch. This branch, through its judges, has the task of resolving disputes and conflicts among individuals, individuals and government, and among governmental institutions. This means that judges in different jurisdictions have an obligation to define cases that are brought to their attention. There are also other institutions that specialise in alternative dispute resolution, such as Commerce Chambers, which do arbitration, mediation and negotiation.” Moreover, in recent years, oral litigation has been implemented in criminal, civil, administrative and labour cases, providing clients with the principles of immeditation and concentration. New regulations have also been introduced in Vargas & Vargas’ active jurisdictions, obligating judges to give rulings in shorter time periods. Mr Vargas added that this is to speed up processes, and was brought about because of existing judicial congestion.


Camilo Valencia is an attorney at law, graduated from the Universidad de Caldas School of Law, with more than fourteen years of experience in legal and regulatory issues. He specialised in Administrative Law at the same University, in Telecommunications Law at the Universidad Externado de Colombia School of Law, and obtained his Masters Degree in Communications Management (MCM) from the University of Strathclyde (United Kingdom). He also holds a PGD in EU Competition Law from King’s College London and has studies in telecommunications law and regulation from the University of Brasilia (Brazil).

Colombia

Camilo Valencia Abogados

Camilo Valencia

Mr Valencia has held the position of Secretary General at Empresa de Telecomunicaciones y Servicios Agregados Emtelsa S.A E.S.P, and was legal advisor of the Ministry of Communications of Colombia - Office of the Minister. Since 2005 he has acted as an independent adviser and practitioner in legal and regulatory issues. He has also been a professor of telecommunications law and regulation, competition law, and public utilities law and regulation at several universities, including Universidad Externado, Universidad Javeriana, Universidad del Norte, Universidad Libre, Universidad de Los Andes, and Universidad Sanbuenaventura de Cali. Amongst his clients are or have been: the Ministry of Information and Communications Technologies MINTIC; the Communications Regulation Commission CRC; the Television National Commission CNTV; the Superintendence of Trade and Commerce SIC (competition authority); the Fund of Information and Communications Technologies FONTIC; the Cellular Industry Association of Colombia; British American Tobacco; Comcel (América Móvil); Intel; Telefónica Movistar; People Contact Call Centre; Empresa de Telecomunicaciones de Bucaramanga; the Banking Association of Colombia; Baker & McKenzie; Avantel, Aguas de Manizales; TV Azteca; Empresa de Telecomunicaciones de Pereira; the Andean Community Companies Association; and China Great Wall Industry Corporation CGWIC.

Camilo Valencia Founding Partner Tel: +57 17433385 +57 68811885 +57 3176595804 camval@camilovalencia.com www.camilovalencia.com

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Rodríguez Dávalos Asociados Mexico

Jesús Rodríguez Dávalos has a law degree from the National Autonomous University of Mexico Law School. Mr Rodríguez founded Rodríguez Dávalos Asociados (RDA) in 1995, capitalising on his previous working experience in Petrolos Mexicanos and Crowell and Moring, an international law firm based in Washington DC.

Jesús Rodríguez Dávalos

Mr Rodríguez has positioned RDA as the leading consulting firm in the energy and infrastructure sectors, with a special focus on oil & gas and electricity. He has led numerous first-of-a-kind projects in Mexico, such as the first privately-owned LPG pipelines, the first compressed natural gas transportation system, the first private petrochemical pipeline and the first solar-generated operational electricity project in Mexico. These projects have provided RDA a vast cumulative knowledge of doing business in Mexico, even in a changing legal framework as was the case with the first LPG storage plant in Mexico, developed under the new Mexican regulation. Mr Rodríguez and his RDA team have assisted and represented the interests of diverse clients in different activities such as the Mier-Monterrey natural gas pipeline, the multiple services contracts for the Burgos Basin as well as 10 blocks of the incentivised contracts bid by Pemex E&P. Similarly, RDA represents natural gas and electricity permit holders before the Energy Regulatory Commission in its various schemes: for electricity, self-consumption, cogeneration and small-scale production for natural gas and renewables; for natural gas, RDA represents over 10 natural gas distribution zones. As part of its consulting business, RDA helped financed IPP (Independent Power Producers) companies before the Federal Electricity Commission, which have a cumulative installed capacity of over 2,500 MW. Mr Rodríguez is currently advising on the most important project of the natural gas pipeline project in Mexico, as well the Bordo Poniente Landfill (BPL) project. The BPL project consists of the collection of Mexico City waste to create electricity by biogas. Additionally, he is developing a project to export electric energy to Central America, among many other projects such as a private storage plant in the Bajío, all of which prove his professionalism and extensive experience in the sector.

Jesús Rodríguez Dávalos Partner Tel: +52 (55) 52020405 jrodriguez@rdabogados.com.mx www.rdabogados.com.mx

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Basham, Ringe y Correa, S.C. Mexico

Martín Michaus has been a partner at Basham, Ringe y Correa, S.C. since 1993, working in the intellectual property area in Mexico City. He is a member of the Executive Committee of the firm and focuses on intellectual property, franchises, licensing, litigation and ownership of names. Mr Michaus is former president of the Inter-American Association of Intellectual Property (ASIPI), since November 2006, and a member of the International Association for Intellectual Property Teaching and Research (ATRIP). He is also former president of the Mexican Association for the Protection of Intellectual Property (AMPPI) and of the Mexican Group of the International Association for the Protection of Intellectual Property (AIPPI).

Martín Michaus

Mr Michaus is a panel member of the WIPO on trademarks, domain names, and arbitration disputes, and of the Independent Film and TV Association (IFTA). He is also a former coordinator of the Mexican Bar Association. He has collaborated on various national and international publications specialising in intellectual property, and has acted as a lecturer and speaker on intellectual property at various national and foreign universities. Mr Michaus graduated from the Universidad Iberoamericana and has a master degree in Comparative Law from the University of Illinois. He is currently a candidate for a doctorate in law from the Universidad Panamericana. Mr Michaus is fluent in Spanish and English.

Martín Michaus Partner Tel: +52 55 52 61 04 53 mmichaus@basham.com.mx www.basham.com.mx

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B&B Global Consultores SC Mexico

Ismael Bustamante Samano is CPA, MBA, and a PhD candidate in taxes.

Ismael Bustamante Samano

B&B Global Consultores located in Mexico City advises a large variety of clients, domestic and transnational, in different economic sectors and in a wide range of specialised fields. The firm provides tax, accounting services, payroll, finance, audit, specialising in international taxation and transfer pricing. Ismael Bustamante Samano has advised domestic companies and multinational companies in connection with cross-border transactions, application of transnational double tax treaties. Mr Bustamante is member of the Public Accountants Association of Mexico (“CCPM�) and current member of board of IECnet an international association of accounts. B&B Global Consultores is member of IECnet, which is an international association of accountants, auditors and tax consultants. All IECnet’s members are professionally qualified under the laws of their respective jurisdictions. The network has over 65 members and, due to its medium size, extensive personal contacts have been established and strengthened between the members for their benefit and, more importantly, for the benefit of their clients. With members located in six continents, IECnet can support its clients in all their international as well as local business requirements to an exceptionally high standard.

Ismael Bustamante Samano Partner Tel: +52 55 11070846 ibustamante@bbglobal.com.mx www.bbglobal.com.mx

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Icaza, González-Ruíz & Alemán Panama

With more than 30 years of experience, attorney Michelle Oteiza de De la Guardia provides legal advice to major Panamanian and international companies and has been recognised as a leader within the Banking and Finance sector. She holds an LL.B degree from the University Santa Maria La Antigua, Panama (Cum Laude, 1983). Her thesis titled ‘The Nationality of Corporations under Panamanian Law and in Comparative Law’ and its publication was recommended by the grading jury.

Michelle Oteiza de De la Guardia

Mrs De la Guardia has served at Icaza, González-Ruíz & Alemán since 1983, acting as a partner of the firm since 1993. Since 1991 she has been legal counsel to multiple companies in the structuring of public offering of securities and legal advisor to local and foreign banks. As well as merger and acquisitions of local and foreign banks. She was in charge of the formation in 1996 and surveillance of Icaza Trust Corporation, a fiduciary wholly owned by the firm since 1996. In 2012, provided legal advice to one of the bank involved in the issuance of 20 million common shares of Retail Peru Corp., subject to Regulation 144A and Regulation S of the Securities Act of 1933 of the US. In 2011 was involved in the securitisation of toll revenues of a highway, via the issuance of US$395 million in securities by a trust also under regulation S and 144A. Mrs De la Guardia provides legal consultancy to JP Morgan, Bancolombia, Banco Internacional de Costa Rica, Global Bank Corporation, Progreso (private pension funds)and other private companies for the issuance of bonds and preferred shares with its corresponding registration in the Superintendence of the Securities Market. Her memberships include: the Panama Bar Association, founding member of the Panama’s Chapter of Women Corporate Director, an international community of women who serve on boards of directors.

Michelle Oteiza de De la Guardia Partner Tel: +507 205 6000 michelleo@icazalaw.com www.icazalaw.com

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CorporateINTL

Corporate INTL Global Dispute Resolution & Litigation Adviser Guide 2012