E X P E R T G U I D E S
R I S I N G
S T A R S RISING STARS
WHAT’S INSIDE?
FEATURES BY: TAREK HOUDROUGE AND LOUIS BURRUS SCHELLENBERG WITTMER GEORG SCHERPF LUTHER JOHANNES LANDBRECHT AND AXEL BUHR GABRIEL ARBITRATION LUIS GERARDO GARCÍA SANTOS COY, MAURICIO SERRALDE RODRÍGUEZ, JORGE KARGL PAVÍA AND SEBASTIÁN MARTÍNEZ PASTRANA CREEL, GARCÍA-CUÉLLAR, AIZA Y ENRIQUEZ JULIA USHAKOVA-STEIN FENWICK & WEST LUKAS STOCKER AND DR JAN KLEINER BÄR & KARRER PETER KURJANOWICZ GRANT THORNTON OPHELIA CLAUDE ANTONIN LÉVY & ASSOCIÉS CONTENTS
Research manager Tatiana Hlivka Project managers Raquel Ipo Alexandra Strick Production manager EXPERTGUIDES Luca Ercolani THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS Production editor Josh Pasanisi Managing director, LMG Research Tom St Denis Managing director, LMG Tim Wakefield CEO, Specialist Information RISING STARS Jeff Davis METHODOLOGY 2
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RISING STARS EXPERT GUIDES 1 METHODOLOGY
EXPERT GUIDES RESEARCH
Methodology Expert Guides has been researching the world’s legal markets for 25 years, and has become one of the most trusted resources for international buyers of legal services.
Welcome to the fifth edition of Legal Media Group’s Rising Stars 2019. Our guides cover a broad – and growing – range of legal practice areas, including: When published in 1994, the Expert Guides were the first-ever guides dedicated to leading individuals in the legal industry. Since then we have continued to focus on individuals considered by peers and clients to be the best in their respective fields. This principle and concept has been extended to Rising Stars and we are launching the first edition of the series this year. Aviation Banking, finance and transactional The Rising Stars guide represents a listing of the brightest and most talented practitioners in the Commercial arbitration area of business law and related practices. We classify rising stars (RS) as recently appointed Competition and antitrust partners or senior associates – who have already been recognised for their work in the Construction and real estate background of important transactions. Our objective is to identify energetic, professional and Energy and environment skilful upcoming talent who have already demonstrated their status in recent notable Insurance and reinsurance transactions and who are on the right track for future partnership and leadership in the field International trade and shipping where they operate. Labour and employment Life sciences To recognise rising stars, we have sent over 10,000 questionnaires to senior practitioners involved Litigation and product liability in each practice area in more than 55 jurisdictions, asking them to nominate individuals as Patents defined above. Privacy and data protection Rising stars All nominees have been independently offered the opportunity to enhance their listing with a Tax professional biography. They give readers valuable and detailed information on each Technology, media and telecommunications practitioner’s specialisation and work. Trademarks Transfer pricing We owe the success of this guide to all individuals and firms that filled in the questionnaire and Trusts and estates helped with candidates selection. We hope you will find the guide to be a useful tool and White collar crime information source for the next generation of leaders in the legal business. Women in business law
All information was believed to be correct at the time of going to press. Our guides are distributed to and regularly used by Research team the world’s most prominent decision-makers and frequent buyers of legal services. Each guide has an extensive distribution list plus additional tailoring to its area of focus.
Each guide is also reprinted in full at www.expertguides.com
2 EXPERT GUIDES RISING STARS EXPERTGUIDES T HE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
AVIATION
Australia 6 Hong Kong SAR 6 United Arab Emirates 6 Belgium 6 Ireland 6 United Kingdom 4 Brazil 6 Japan 6 United States 7 Cayman Islands 6 Netherlands 6 Venezuela 7 Chile 6 Russia 6 Germany 6 Singapore 6
RISING STARS EXPERT GUIDES 3 AVIATION ATTORNEY BIOGRAPHIES
U N I T E D K I N G D O M U N I T E D K I N G D O M
Tina Collier Nicholas Harding Clyde & Co Clyde & Co The St Botolph Building The St Botolph Building 138 Houndsditch 138 Houndsditch London EC3A 7AR London EC3A 7AR UK UK Tel: (44) 20 7876 4096 Tel: (44) 20 7876 4657 Email: [email protected] Email: [email protected] Website: www.clydeco.com Website: www.clydeco.com
Tina is a Senior Associate in Clyde & Co’s London Aviation team. Her Nick is a Senior Associate in the Aviation Finance department at Clyde practice is varied and includes contentious and non-contentious work; & Co. He is an experienced aviation finance lawyer acting for leading she is used to handling both high (i.e. multi-million pounds) and low airlines, aircraft finance banks, owners and other market participants value claims. on finance, leasing and sale and purchase transactions relating to all types of commercial and business aircraft. Tina’s contentious work focuses on general aviation disputes and crashes (including fixed/rotor wing, and hot air balloons) for Nick has experience in the financing and leasing of commercial and private/commercial carriage and/or domestic/international carriers. business aircraft and helicopters. His experience includes export credit She also advises airlines on passenger, baggage and cargo claims, has supported financings, finance and operating lease transactions, pre- handled major airline/aircraft losses, and deals with airport and delivery payment financings, tax-based leases and financings ground handling contractual disputes. (including French, Italian and Japanese tax structures), manufacturer supported financings and warranty arrangements, asset value Tina frequently advises insurers and reinsurers on subrogation claims. guarantees and sale and purchase transactions. He also advises airlines Her contentious work covers a number of jurisdictions, in particular on “power by the hour” and maintenance arrangements (including those in Latin America, Africa and Europe, and she also has experience performance guarantees) with original equipment manufacturers. of Russia and the Far East. Over the past year, Nick has acted on several award-winning For her non-contentious work, Tina advises airlines on regulatory transactions including: issues, including in respect of their terms and conditions of carriage and their policies relating to EU and International standards and • Airline Economics 2018 Lease Deal of the Year: acting for Turkish requirements. She advises both All Risks and War Risks insurers and Airlines on the CACIB-arranged French tax lease financing of a reinsurers on aviation coverage in the above mentioned jurisdictions, Boeing 777F aircraft with ICBC credit support; and provides guidance on the commercial aspects for her clients. • Global Transport Finance 2018 Aircraft Tax Lease of the Year: acting for Royal Air Maroc on the AFIC-supported French tax lease Tina has vast experience of drafting contractual settlement financing of two Boeing aircraft; and documentation and she was part of the Clyde & Co team that advised • Airfinance Journal 2018 Operating Lease Deal of the Year: acting for on and drafted 50/50 provisional claims settlement documentation for airBaltic on the sale and leaseback of two Airbus A220-300 aircraft the Aviation Market on two major airline losses. (formerly the CSeries CS300) with Avation.
Tina frequently attends London Aviation Market events. She is held Nick also acts for financiers, owners and operators in the business jet with high regard amongst her clients and was named in the Expert market, advising on the purchase, financing, operating and tax Guides’ Rising Stars publication (aviation category) in 2017 and 2018. arrangements for such aircraft.
In addition, Nick advises banks and lessors on issues relating to the repossession of aircraft and engines in various jurisdictions, with particular expertise in relation to liens and detention rights affecting aircraft.
Nick was named in Expert Guides’ Rising Stars publication (Aviation category) in 2018.
Nick joined Clyde & Co in 2015, having previously worked for several years in the asset finance team at another firm in London.
4 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES AVIATION
U N I T E D K I N G D O M U N I T E D K I N G D O M
Elizabeth Lambert-James Thomas van der Wijngaart Clyde & Co Clyde & Co The St Botolph Building The St Botolph Building 138 Houndsditch 138 Houndsditch London EC3A 7AR London EC3A 7AR UK UK Tel: (44) 20 7876 4117 Tel: (44) 20 7876 4099 E: [email protected] E: [email protected] Website: www.clydeco.com Website: www.clydeco.com
Elizabeth is a Senior Associate in the aviation team at Clyde & Co. Her Tom is a Partner in Clyde & Co’s London aviation team. He has a well practice focuses primarily on contentious aviation matters, including developed practice covering both non-contentious and contentious complex multi-jurisdictional catastrophe work, personal injury, cargo, aviation work, with a particular expertise in regulatory and baggage and subrogation work. Elizabeth also advises clients on commercial issues including airline licensing, traffic rights, package regulatory matters. Although English-qualified, she is also fluent in travel, consumer law and contractual matters. Tom also advises various French and has extensive and specialist knowledge of civil law blue chip companies and insurers regarding the development, jurisdictions, particularly francophone Africa. She has worked on cases operation and insurance of unmanned aircraft systems. which have reached the highest courts in France (both the Cour de Cassation and the Conseil d’Etat) and defended a number of class His broad experience in airport slot transactions is particularly actions in diverse jurisdictions. noteworthy, having acted for Flybe in relation to the sale of its entire Gatwick slot portfolio to easyJet and for British Airways in its purchase Elizabeth represents insurers, reinsurers and companies (both based in of Monarch’s entire Gatwick slot portfolio following the air carrier’s the UK and abroad) and is often instructed directly by airlines with entry into administration. regard to her particular areas of expertise. She has experience of bringing claims against manufacturers and maintenance providers as Tom provides ongoing guidance to various aviation stakeholders well as in the defence of claims. regarding the impact of Brexit on aviation, including advice to airlines regarding contingency measures to safeguard access to the EU’s single Elizabeth has been involved in many high profile aviation accident aviation market. Tom was part of the team which wrote the “EBAA: cases including the Kenya Airways accident to Boeing 737 in Brexit scenarios for business aviation” report. Cameroon, the Air France accident to Airbus A330 in the Atlantic Ocean, the Georgian Airlines accident to CRJ-100 in the Democratic Tom also represents airlines, maintenance organisations and airports Republic of Congo and more recently the Air Algerie accident to MD83 in multi-jurisdictional contentious matters (both insured and in Mali. uninsured) including passenger, baggage and cargo claims, subrogated actions and debt recovery proceedings. Elizabeth regularly publishes articles and presents to clients on various topics from EC regulations and international treaties and the impact Tom’s recent speaking engagements have included moderating a panel these have on airlines to the growing litigation surrounding fume on passenger rights at the IATA Legal Symposium in Barcelona, events. She also provides training to in-house lawyers on issues of presenting to 25 senior airport representatives at Airport Council particular interest to airline clients. Most recently, Elizabeth presented International’s Brussels offices regarding the implications of Brexit and at the Aviation Africa conference on the subject of post-accident presentations at the BAR UK AGM, IATA Legal Forum, Getting The emergency response. Deal Through Aviation Law Conference and European Regions Airline Association Conference (2017 and 2018). Tom also drafts regular articles and papers on aviation law matters, including for the Air & Space Law journal.
Tom has been identified as a “Next Generation Lawyer” by Legal 500 (2019, 2018), is recognised in Expert Guides' 'Rising Stars' guide (2016, 2017, 2018) and is ranked in the Aviation Regulatory category by Who's Who Legal (2019).
RISING STARS EXPERT GUIDES 5 AVIATION EXPERT LISTINGS
AUSTRALIA HONG KONG SINGAPORE James M Cooper SAR Kamil G Ahmed Clyde & Co K&L Gates Christopher Healy Melbourne Singapore Bird & Bird Hong Kong Samuel Kolehmainen Herbert Smith Freehills Clara Lam BELGIUM Singapore Bryan Cave Leighton Paisner Charlotte Thijssen Hong Kong Kennedys Terence Liew HFW Brussels Rachel Thomasen Singapore Clifford Chance Hong Kong Chris Marrable BRAZIL HFW Eugene Yeung Singapore Maria Baqueriza Pillsbury Winthrop Shaw Pittman Clyde & Co Hong Kong Michelle Runagall-Orli Rio de Janeiro Stephenson Harwood Singapore Felipe Bonsenso IRELAND CAL-Costa Albino & Lasalvia Sociedade Adam Smart de Advogados Stuart Kennedy Stephenson Harwood São Paulo Matheson Singapore Dublin Marcela Alves Corrêa Cascione Pulino Boulos Advogados Rio de Janeiro UNITED ARAB JAPAN EMIRATES Keisuke Imon CAYMAN White & Case Charles Cockrell Tokyo HFW ISLANDS Abu Dhabi/Dubai Tomohiko Kamimura Sarah Humpleby Dhruv Balai Paul Walkers Squire Patton Boggs Tokyo Watson Farley & Williams Grand Cayman Dubai Sebasian M Smith K&L Gates CHILE Tokyo UNITED Francisco Prat E Del Río Izquierdo Abogados KINGDOM Santiago NETHERLANDS Will Alete Norton Rose Fulbright Laetitia Kunst London Stek GERMANY Amsterdam Reem Bangina Katja H Brecke Kennedys Arnecke Sibeth Dabelstein London Frankfurt am Main RUSSIA Tina Collier See bio Johannes Vogel Dmitry A Karamyslov Clyde & Co Freshfields Bruckhaus Deringer Debevoise & Plimpton London Frankfurt am Main Moscow Dan Cowdy Celine Zeng Norton Rose Fulbright Freshfields Bruckhaus Deringer London Frankfurt am Main
6 EXPERT GUIDES RISING STARS EXPERT LISTINGS AVIATION
UNITED UNITED STATES KINGDOM David Berkery A&L Goodbody Luke Elliott New York Allen & Overy London John D Brown McAfee & Taft Nicholas Harding See bio Oklahoma City Clyde & Co London Mary Dow Condon & Forsyth Caroline Joyce New York Watson Farley & Williams London Richard Gill McCann Fitzgerald Victoria L Koob New York/Dublin Holland & Knight London Jason Kaplan Hughes Hubbard & Reed Manuela Krach New York K&L Gates London Brian E Liu Debevoise & Plimpton Elizabeth Lambert-James See bio New York Clyde & Co London Natasha N Mikha Clyde & Co Dominic Pearson Los Angeles Watson Farley & Williams London Nicholas Milburn Milbank John Pearson New York VedderPrice London Madalyn Miller Clifford Chance Marcus Pyke New York Bird & Bird London Sarah Gogal Passeri Holland & Knight Rakhi Savjani New York/Charlotte Pillsbury Winthrop Shaw Pittman London Terry Sanders Hughes Hubbard & Reed Ashleigh Standen New York Reed Smith London Shani Smith Fisher Smith Gambrell & Russell Thomas van der Wijngaart See bio Los Angeles Clyde & Co London Clay C Thomas Vedder Price Richard Walton Chicago Milbank London Annabelle Wheeler VENEZUELA Norton Rose Fulbright Rodolfo Ruiz A London/Munich Clyde & Co Paul Woodley Caracas HFW London
RISING STARS EXPERT GUIDES 7 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
BANKING AND FINANCE
Feature for: Switzerland, by Tarek Houdrouge and Louis Burrus of Schellenberg Wittmer 9
Argentina 13 Lithuania 13 Spain 13 Canada 13 Malta 13 Sweden 13 Finland 13 Mexico 13 Switzerland 9 Germany 13 New Zealand 13 United Arab Emirates 13 Hong Kong SAR 13 Norway 13 United Kingdom 13 Ireland 13 Singapore 13 United States 13
8 EXPERT GUIDES RISING STARS THOUGHT LEADERSHIP BANKING AND FINANCE
SWITZERLAND Overview of conflict of interest at the Board of Swiss companies
Tarek Houdrouge (left) and Louis Burrus (right) Schellenberg Wittmer Geneva
Introduction Representatives of large shareholders, e.g. major shareholders or con - trolling shareholders, are frequent on the Board of directors of Swiss companies. This regularly creates tensions at the Board, in particular between the major shareholder’s need to information via its represen - tative and the confidentiality obligations of the shareholder’s repre - sentative towards the company, and conflicts of interest may arise. This is in particular true when there is an ongoing dispute between If necessary for the other board members, a more detailed road shareholders or between a shareholder and the company. map (with more specific information and explanation on the con - In such circumstances, it is important for the Board of directors to flicted matters) can be prepared and shared separately to the non- implement a protocol on how to deal with conflicted matters in order conflicted Board members. to guarantee a decision-making process beyond criticism and to safe - guard the company’s best interests. In practice, we have seen an increase Holding of Board meetings in requests to assist with the implementation of a formal process. All the matters listed in the agenda (conflicted and non-conflicted) In terms of good corporate governance, it is also crucial to protect must be discussed during one single meeting. No separate Board the members of the Board of directors from a potential liability (the meeting should be held to discuss the conflicted matters, since the absence of conflict of interest is a key criterion developped by the conflicted Board member(s) could argue that his/her right to partici - Swiss Federal Supreme Court) and also for financial regulated institu - pate has been breached (only one invitation and one formal meeting tions, such as banks or securities dealers, to maintain their proper each time). business conduct (which is a license requirement imposed by the In case a conflicted matter has to be discussed during a Board Swiss Financial Market Supervisory Authority (FINMA)). meeting and the Chairman is conflicted, the meeting should be chaired by the Vice-Chairman. Pratical process at the Board for conflicted matters The conflicted Board member(s) should be allowed to partici - Although different approaches and modalities are possible in case of pate to the Board meetings only with respect to non-conflicted conflict of interest at the Board, the process to be implemented matters. When a conflicted matter is discussed, the Chairman should, in our view, address at least the following main aspects. The should request the conflicted Board members to leave the meeting process should be described in reasonable terms in written organiza - during the relevant deliberations and votes. Determination of the tional rules. existence of a conflict If the conflicted Board member(s) agrees Convening of Board meetings with the conflicted character of the matter, Generally, the Chairman shall convene the IN A SITUATION OF CONFLICT he leaves the room during the relevant delib - meetings and, in his/her absence or if he is OF INTEREST, IT IS IMPORTANT erations and votes and his/her exit is conflicted, the Vice-Chairman. There shall be FOR THE BOARD OF DIRECTORS recorded in the minutes. Often, organiza - only one invitation sent to all Board members TO IMPLEMENT A PROTOCOL ON tional rules grant the conflicted Board mem - outlining the agenda. It is recommended to HOW TO DEAL WITH ber(s) the right to make a statement before include the mention conflicted/non-con - CONFLICTED MATTERS IN ORDER leaving the room. flicted matter next to each item of the agenda, If the conflicted Board member(s) objects TO GUARANTEE A DECISION- if possible by separating them into two differ - to the conflicted character of the matter, then ent categories (conflicted vs non-conflicted). MAKING PROCESS BEYOND the other Board members should vote to de - The documentation related to conflicted CRITICISM AND TO SAFEGUARD cide whether the matter is conflicted. If it is matters should not be provided or made THE COMPANY'S BEST INTERESTS decided that the matter is conflicted, then the available to the conflicted Board member(s). conflicted Board member(s) should leave the
RISING STARS EXPERT GUIDES 9 BANKING AND FINANCE THOUGHT LEADERSHIP
SWITZERLAND room. If not, he can stay and vote on the matter. In both cases, the de - A shareholder’s representative does not have a right to pass on con - liberations and votes are recorded in the minutes. fidential information of the company to the major shareholder. Such a transmission would require a decision of the full Board of directors. Minutes of Board meetings In principle, all information of the company that is not publicly If the conflicted Board member(s) requests to make a statement be - known, in particular if its disclosure could cause damage to the com - fore leaving, it is preferable to allow him to make such statement. As pany, is subject to the duty of confidentiality of the shareholder’s rep - mentioned, this is often provided for in company’s organizational resentative. rules. After the Board meeting, two different versions of the minutes The obligation to maintain confidentiality relates to relative secrets must be prepared: (a) redacted minutes for the conflicted Board and absolute secrets. The company is the owner of relative secrets and member(s) containing only non-conflicted matters and (b) full min - can itself decide on a release from confidentiality obligation or on a utes for the other members. The minutes containing the conflicted (selective) disclosure of confidential information. The preservation of matters are confidential for the non-conflicted Board members. absolute secrets is a statutory obligation (e.g. banking secrecy) or a If the entire agenda contains only conflicted matters, no minutes contractual obligation towards third parties (e.g. non-disclosure can be transmitted to the conflicted Board member(s). agreement) and the company cannot decide alone on the disclosure of such secrets. The disclosure of absolute secrets would breach the Legal representation shareholder’s representative fiduciary duty and the relevant statutory If the overall matter becomes a dispute, it is advisable that the Board or contractual provisions, unless the prior consent of all parties in - of Directors seeks assistance and potentially representation by the volved has been obtained. company’s external counsel. In some specific cases, it might even be preferable to retain a separate counsel for the Board of Directors. It is Relative equal treatment further crucial that the external counsel retained always advises the As a member of the Board of directors, a shareholder’s representative Board as a whole, and refrains from giving any advice to individual shall treat all shareholders equally under the same conditions. This Board members. general principle of relative equal treatment also applies to the trans - mission of confidential information to shareholders. Restrictions on the transmission of information As an exception, a privileged disclosure of relative secrets only to The sharing of information is often one of the most sensitive aspects (major) shareholders may in somel cases be justified under Swiss cor - in a situation of conflict of interest, in particular when the conflict porate law if (i) there is an objective reason for the disclosure, (ii) the pertains to an ongoing dispute between a shareholder and the com - prevailing interests of the company require it and (iii) the unequal pany. Such disputes may happen when a new shareholder has received treatment is proportionate. its shares as part of the compensation to a sale it made to the com - pany. Depending on the nature of the dispute (e.g. representations Conclusion and warranties, valuation issues, post-closing items, etc.), the ban to In order to protect their interests and preserve a decision-making pro - information of the conflicted Board member(s) can become very ex - cess beyond criticism, Swiss companies should implement a dedicated tensive, going as far as an exclusion from any financial related infor - process to manage situations of conflict of interest affecting Board mation. For those reasons, the Board of Directors should pay a members. specific attention to how it handles this aspect in a conflict of interest The shareholder’s representatives at the Board of directors of Swiss situation. companies do not have a special position within the Board: the disclo - sure of confidential information from the shareholder’s representative Right to information against duty of confidentiality to the major shareholder he/she is representing is only permitted Under Swiss law, all members of the Board of directors are subject to a under strict conditions. duty of confidentiality and secrecy resulting from their duty of loyalty. Major shareholders of a Swiss company cannot claim privileged in - In many cases, this obligation of confidentiality goes against the major formation status vis-à-vis other shareholders. Board members must shareholder’s right to information. Indeed, Swiss corporate law does always act in the interests of the company and comply with the princi - not give major shareholders a general entitlement to information over ple of (relative) equal treatment of shareholders, also in case of situa - minor shareholders. tions of conflict of interest.
10 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES BANKING AND FINANCE
S W I T Z E R L A N D S W I T Z E R L A N D
Olivier Favre Tarek Houdrouge Schellenberg Wittmer Ltd Schellenberg Wittmer Ltd Löwenstrasse 19 / P.O. Box 2201 15bis, rue des Alpes / P.O. Box 2088 8021 Zürich 1211 Geneva 1 Switzerland Switzerland Tel: (41) 44 215 5252 Tel: (41) 22 707 8000 Email: [email protected] Email: [email protected] Website: www.swlegal.ch Website: www.swlegal.ch
Dr. Olivier Favre is a partner in Schellenberg Wittmer’s banking and Tarek Houdrouge is the co-head of Schellenberg Wittmer’s banking and finance group in Zurich. Olivier focuses on derivatives, structured finance group and partner in the corporate and commercial group in finance and capital markets transactions, and advises clients on Geneva. He is also the head of the firm’s African Regional Desk. financial services, securities, commodities, fund, insurance and reinsurance regulation. He advises clients on financing transactions Tarek’s main areas of expertise are banking and finance, transactions and on fintech solutions and their legal implementation. His clients and corporate law, combining banking and finance expertise with an include financial institutions, buy-side firms, issuers, insurance M&A practice. He advises banks and financial institutions on all companies and industry associations. regulatory matters, cross-border activities, lending transactions and distribution of financial products. Tarek’s practice also covers fintech Olivier’s recent expertise includes: advising on regulatory change and cryptocurrency. projects in connection with the Brexit planning; advising on the implementation of the regulatory obligations arising under the Swiss Some recent examples of Tarek’s expertise include: advising a major Financial Market Infrastructure Act and the new Swiss Financial Services European bank with a strong international presence in the acquisitions Act; advising on the set-up of a Fintech-based deposit taking platform; and disposals of strategic clients’ banking portfolios and in a cross- and advising on the setup of a crypto-assets brokerage activity. border merger and restructuring project; advising on the set-up of a new cryptocurrencies exchange platform in Switzerland, including the Olivier obtained a doctorate in law from the University of Zurich (iur, regulatory analysis of all financial regulations; advising on all regulatory 2003) and a master’s in law from Harvard Law School (LLM, 2004). and corporate aspects of the first ICO powered by a Swiss bank; and For his doctoral thesis, he received the Issekutz Award for outstanding advising a leading European bank on all regulatory aspects in the achievements in business law. development of its online private banking offer and additional e- banking services. Prior to joining Schellenberg Wittmer as an associate in 2009, Olivier practiced as an attorney in London, specialising in OTC derivatives and Tarek studied at the Law School of the University of Lausanne where he structured finance transactions, fund products and capital markets graduated with a law degree in 2003 and with an LLM in European and transactions. He also worked as an associate at Allen & Overy LLP international economic law in 2004. After he was admitted to the Bar in (2004–2007) and as a legal counsel at Goldman Sachs (2007–2009). Switzerland in 2006, he worked as an associate in the banking and corporate groups of a large business law firm in Geneva. He obtained a Master of Laws from Northwestern University School of Law (Chicago) in 2010 and was admitted to the New York State Bar in 2011. Tarek joined Schellenberg Wittmer in 2010.
RISING STARS EXPERT GUIDES 11 BANKING AND FINANCE ATTORNEY BIOGRAPHIES
S W I T Z E R L A N D
Grégoire Wuest Schellenberg Wittmer Ltd 15bis, rue des Alpes / P.O. Box 2088 1211 Geneva 1 Switzerland Tel: (41) 22 707 8000 Email: [email protected] Website: www.swlegal.ch
Grégoire Wuest is a partner and co-head of the banking and finance practice in Schellenberg Wittmer’s Geneva office. He is also the head of the firm’s Brazilian Regional Desk. His practice focuses on banking and finance, in particular in the field of multi-jurisdictional transactions involving non-standard and highly valuable assets securing borrowings, complex cross-border acquisitions, and other financial transactions – notably in relation to the shipping and business aviation industries. Grégoire also advises Swiss and foreign financial institutions on regulatory matters and on the implementation of new regulations.
Grégoire’s recent expertise in banking includes: advising a major European banking group in a large banking restructuring involving an international cross-border merger whereby the Swiss bank of the group absorbed an affiliated bank and the subsequent opening of a branch abroad; advising a major Swiss bank with a strong international presence in the acquisitions/disposals of strategic clients’ banking portfolios; advising a major European banking group in multi-hundred millions financings secured by exotic assets and advising a boutique Swiss bank on the redrafting and amendment of its entire contractual documentation and all internal regulations and improving e-banking for clients.
Grégoire studied at the University of Geneva and was admitted to the Swiss Bar in 2009 (ranked second). Grégoire has been a partner at Schellenberg Wittmer since 2016.
12 EXPERT GUIDES RISING STARS EXPERT LISTINGS BANKING AND FINANCE
ARGENTINA IRELAND SPAIN Daniel Levi Lyn Brennan Blanca Arlabán Estudio Beccar Varela William Fry Uría Menéndez Buenos Aires Dublin Madrid
CANADA LITHUANIA SWEDEN Dan Dedic Ieva Dosinait Albert Wållgren Goodmans Ellex Valiunas Vinge Toronto Vilnius Stockholm
David S Rotchtin Bennett Jones Toronto MALTA SWITZERLAND Leonard Bonello Olivier Favre See bio Dev Singh GANADO Advocates Schellenberg Wittmer Fasken Martineau DuMoulin Valletta Zürich Toronto Lorraine Poole Tarek Houdrouge See bio GANADO Advocates Schellenberg Wittmer FINLAND Valletta Geneva Mariella Både-Landell Benjamin Leisinger Castrén & Snellman Homburger Helsinki MEXICO Zürich Mercedes Haddad Maria Lehtimäki Creel García-Cuéllar Aiza y Enríquez Grégoire Wuest See bio Waselius & Wist Mexico City Schellenberg Wittmer Helsinki Geneva
GERMANY NEW ZEALAND UNITED ARAB Daniel Collins Alexander Klein Buddle Findlay EMIRATES Gibson Dunn & Crutcher Auckland Graham Brewer Frankfurt am Main Clifford Chance Gerard Souness Dubai Stanislav Schmidt Chapman Tripp Bird & Bird Auckland Frankfut am Main UNITED HONG KONG NORWAY KINGDOM Halvor Klingenberg Aby Kennedy SAR Haavind Gibson Dunn & Crutcher Jacqueline Chan Oslo London Ogier Hong Kong SINGAPORE UNITED STATES Danielle Roman Mourant Kamil G Ahmed Danielle Li Hong Kong K&L Gates Skadden Arps Slate Meagher & Flom Singapore New York
Maria McElhinney A&L Goodbody New York
RISING STARS EXPERT GUIDES 13 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
CAPITAL MARKETS
Brazil 16 Russia 16 United Kingdom 16 Canada 16 Slovak Republic 16 United States 16 Hong Kong SAR 15 Switzerland 16
14 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES CAPITAL MARKETS
H O N G K O N G S A R
Iris Leung Linklaters 10th Floor, Alexandra House 18 Chater Road, Hong Kong/China Tel: (852) 2901 5233 Email: [email protected] Website: www.linklaters.com
Executive Summary Iris is a partner at Linklaters and she advises leading Chinese and international companies and financial institutions in China, Hong Kong and Singapore on major corporate and capital markets deals. She has extensive experience advising corporate and institutional clients, private equity firms and international financial institutions on their global principal and strategic investments. Iris also has specialist knowledge of advising Chinese and Hong Kong companies on their outbound investments and capital markets transactions.
From 2015 to 2018, Iris was awarded the Euromoney LMG Rising Star.
Work highlights Iris has led, or been a key advisor, on many landmark deals. These include advising:
• Cheung Kong (Holdings) and Hutchison Whampoa on their US$100bn merger and reorganisation and Cheung Kong Property Holding’s spin-off listing ( the largest corporate restructuring in Asia in 2015 ) • China Cinda Asset Management on its US$3.2bn Rule 144A preference share issuance • China International Capital Corporation Limited (CICC) on its US$2bn Rule 144A Medium Term Note (MTN) establishment and subsequent draw-down • the underwriters on the US$1bn listing of Orient Securities Company, a joint venture partner with Citigroup and with A-shares listed on the Shanghai Stock Exchange • the underwriters on US$3.1bn business trust IPO of Hong Kong Electric Investments (“ Equity Market Deal of the Year” for 2014 by Asian Legal Busines s) • China Everbright Bank on its US$3.4bn IPO on the Hong Kong Stock Exchange ( the largest Hong Kong IPO for the year for 2013 ) • Alibaba on its US$5.9bn capital raising to purchase its shares back from Yahoo (“ Hong Kong Deal of the Year” for 2014 by Asian Legal Business ) • COFCO Land Holdings on its US$1.8bn reverse takeover of Hong Kong Parkview Group ( “Real Estate Deal of the Year” for 2014 by Asian Legal Business )
RISING STARS EXPERT GUIDES 15 CAPITAL MARKETS EXPERT LISTINGS
BRAZIL UNITED Thomas Ayres KINGDOM Shearman & Sterling Jacqyekube Heng São Paulo Norton Rose Fulbright Guilherme Sampaio Monteiro London Pinheiro Neto Advogados São Paulo UNITED STATES Jake Farquharson CANADA Clifford Chance Michael Hickey New York Blake Cassels & Graydon Toronto
HONG KONG SAR Iris Leung See bio Linklaters Hong Kong
RUSSIA Olga Ponomarenko Latham & Watkins Moscow
SLOVAK REPUBLIC Peter Jedinak Allen & Overy Bratislava
SWITZERLAND Christina Del Vecchio Niederer Kraft Frey Zürich
UNITED KINGDOM Peter Crossan Allen & Overy London
Mark Dickinson Herbert Smith Freehills London
16 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
COMMERCIAL ARBITRATION
Features for: Germany, by Georg Scherpf of Luther 18 Switzerland, by Johannes Landbrecht and Axel Buhr of GABRIEL Arbitration 20
Australia 28 Germany 18, 22, 28 South Korea 29 Austria 28 Hong Kong SAR 29 Spain 29 Belgium 28 Italy 29 Switzerland 20, 24, 29 Canada 28 Japan 29 Ukraine 30 China 28 Netherlands 29 United Arab Emirates 30 Ecuador 28 Portugal 29 United Kingdom 30 Finland 28 Russia 29 United States 30 France 22, 28 Singapore 24, 29
RISING STARS EXPERT GUIDES 17 COMMERCIAL ARBITRATION THOUGHT LEADERSHIP
GERMANY DIS Arbitration– New Rules for Improved Efficiency
Georg Scherpf Luther Hamburg
Introduction Beginning of 2018 saw the release of the new arbitration rules of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit, DIS). The 2018 DIS-Rules (DIS-Rules) apply to all arbitrations commenced on or after 1 March 2018 (Ar - ticles 1.2 and 6.1). The DIS is the most important arbitral institution in Germany with 116 arbitrations administered in 2018 1. The revision process started in 2016 and was organized in three different commissions taking 18 months to be completed. The process involved practition - ers, in-house counsel, representatives from the institution and aca - demics. The objective of the revision process was update the 1998 DIS-Rules to reflect the best practices in international arbitration of today without giving up the distinctive features of DIS arbitra - tions 2. This article summarizes the main revisions and the distinctive characteristics of the DIS-Rules as well as the powers of the newly created Arbitration Council within the DIS. Cited provisions refer to the DIS-Rules 2018 unless otherwise stated. explicitly regulated. Now, the tribunal is also required to discuss Shortened Deadlines with the parties certain measures to increase the efficiency of the The time periods for the appointment of the arbitrator by the re - proceedings as mentioned in Annex 3 of the DIS-Rules. These mea - spondent as well as the appointment of the chairman by the party- sures include, inter alia, limits on the number or on the length of appointed arbitrators have been reduced from 30 days to 21 days submissions (including witness statements and expert reports), (Articles 7.1 and 12.2). Previously, the constitution of the arbitral structuring the arbitration into different phases, rendering of par - tribunal took around two months. tial awards, restricting document production and giving prelimi - Under the new rules, the respondent has 45 days from the date nary factual and legal indications. If the parties cannot agree on the of transmission of the Request to file its An - applicability of certain measures, the arbi - swer. This may be extended by 30 days upon tral tribunal has discretion to decide what request (Article 7.2). A further extension the most appropriate procedure is for the may only be granted in exceptional circum - […] COMBINING case at hand. Concerning preliminary indi - stances (Article 7.3). Under the old rules, DISTINCTIVE CIVIL LAW cations, the Annex 3 (F.) adds: “[…] pro - the time until the constitution of the tri - vided all of the parties consent thereto”, bunal was unused.. FEATURES WITH A with a view to international parties from SUFFICIENTLY different legal traditions. Procedural Efficiency In addition, the tribunal shall also dis - The new rules provide for a mandatory case BALANCED APPROACH cuss with the parties whether the rules for management conference within 21 days of FOR PARTIES FROM Expedited Proceedings (Annex 4) shall be the constitution of the tribunal (Article applied to the proceedings. Under these 27.2). Although a case management confer - DIFFERENT LEGAL rules, among others, the final award must be ence was not uncommon in international TRADITIONS rendered within six months after conclusion arbitrations under the old rules, it was not of the case management conference.
18 EXPERT GUIDES RISING STARS THOUGHT LEADERSHIP COMMERCIAL ARBITRATION
GERMANY
During the revision process, the users of the DIS expressed their Multi-Contract Arbitration, Multi-Party Arbitration, Joinder concern of an automatic applicability of expedited procedures The new DIS rules contain for the first time rules on multi-party and where the amount in dispute is under a certain threshold (see for multi-contract proceedings including the consolidation of arbitration example article 30 and Appendix VI ICC Arbitration Rules). The proceedings and the joinder of additional parties. The 1998 DIS-Rules amount in dispute does not necessarily correlate with the complex - only dealt with the constitution of an arbitral tribunal in case of mul - ity of the case or the importance of the dispute to the parties. tiple claimants or respondents (Article 8 and articles 17 to 19). These It is not uncommon that there are delays between the end of the changes are highly welcome as parallel or separate proceedings are the hearing and the rendering of the award. The new rules seek to cor - epitome of inefficient dispute resolution. rect this. According to article 37, the tribunal shall send the award to the DIS for review no later than three months after the last oral Competencies for the new DIS Arbitration Council hearing or alternatively after the last written submission. Under the 1998 DIS-Rules the arbitral tribunal or sole arbitrator was Finally, the DIS reviews the formalities of the award and may entrusted with tasks that were at times difficult to reconcile with their also propose other amendments (Article 39.3). The proposed independence and impartiality. For example, arbitrator challenges amendments are not binding on the tribunal or sole arbitrator and were decided by the arbitral tribunal itself. The challenge decision is are described, in comparison to article 34 ICC Arbitration-Rules, as now entrusted to the newly created and independent Arbitration “Scrutiny light ”3. Council within the DIS. This is likely to increase the legitimacy of the challenge decision. Under the old rules, at least in theory, the chal - Implementing Efficient Proceedings lenged arbitrator could participate in the taking of that decision, al - The rules on the efficient conduct of the proceedings are supple - beit it was common practice that the challenged arbitrator in a mented by a cost rule allowing the tribunal to also take into consider - three-member tribunal would not exercise his or her right (Article ation the extent to which the parties have conducted the arbitration 15.4 DIS-Rules 1998). efficiently (Article 33.3). Similarly, the Arbitration Council also takes Besides this, the Arbitration Council was given following compe - into account the diligence and efficiency with which the arbitrators tencies: have handled the dispute when fixing the fees in cases of an early ter - • Appointment of a sole arbitrator upon request of any party or if mination of the proceedings or in cases of an award by consent. the parties did not agree on the number of arbitrators (Article Moreover, the Arbitration Council can reduce the arbitrators’ 10.2) after having heard both parties. fees in case the final award was not rendered within the time frame • Requesting and administering deposits: under the 1998 DIS-Rules foreseen in article 37 (see above). the arbitral tribunal or sole arbitrator would request and adminis - ter the deposits. The new revision is highly welcome as this is a task Reducing Costs that is better performed by the arbitral institution. Sole Arbitrators • Determining the arbitrator’s fees when the arbitration has been The new rules seek to increase the number of disputes decided by a terminated prior to the final award or by way of consent award sole arbitrator. In case the parties have not agreed on a specific (Article 34.4). Previously, this decision was taken by the arbitral number of arbitrators, any party can request the Arbitration Coun - tribunal itself. cil to appoint a sole arbitrator. In case no such request is made or • Removal of the arbitrator from office if the arbitrator fails to fulfil the request is denied, the tribunal will consist of three arbitrators its duties or he will be unable to fulfil his duties in the future (Arti - (Article 10.2). In practice, the parties often do not specify the num - cle 16.2). ber of arbitrators in the arbitration clause and end up – by default • Confirming or modifying the tribunal’s determination of the – with a three-member tribunal even though the dispute might amount in dispute upon a party’s request. The arbitral tribunal has warrant a sole arbitrator. The possibility to apply for a sole arbitra - the primary task of determining the amount of dispute consider - tor is comparable to developments of other arbitral institutions ing it is closest to the dispute. This new competence of the Arbitra - where the default is no longer a three member tribunal (see for ex - tion Council also increases the legitimacy and acceptance of the ample article 12(2) ICC Arbitration-Rules). costs determination.
Early Settlement Conclusion One of the distinct features of the 1998 Rules which was maintained The revision process of the DIS-Rules has successfully updated the and enhanced in the 2018 rules is the obligation of the arbitral tri - 1998-Rules without simply following current trends in institutional bunal to facilitate settlement or other resolution of the dispute un - arbitration. Rather it incrementally enhanced and combined the dis - less any party objects (Article 26). In addition, the new rules provide tinctive civil law features of DIS arbitrations with a asufficiently bal - in article 27.4 (III) that the possibility of using mediation or any anced approach for international parties from different legal other method of alternative dispute resolution shall be discussed al - traditions. For example, preliminary factual and legal indications are ready at the case management conference. In case the parties reach only to be given if all parties consent. The same applies to the facilita - an amicable settlement, the tribunal will, at the request of the par - tion of settlements (Article 26). Finally, the creation of the DIS Arbi - ties, record such settlement in an award by consent unless it consid - tration Council has increased the transparency and legitimacy of ers that there are serious grounds not to do so (Article 41.1). decisions previously entrusted to the tribunals or sole arbitrators.
1 See www.disarb.org/upload/statistics. 2 See Leitlinien zur Reform der DIS-Schiedsgerichtsordnung: http://ideasfordisrules.com/wp-content/uploads/2016/08/Leitlinien-Reform-DIS-Schiedsgerichtsordnung-1.pdf. 3 Theune, in Schütze: Institutionelle Schiedsgerichtsbarkeit 2017, Kapitel III, Art. 39 Rn. 15.
RISING STARS EXPERT GUIDES 19 COMMERCIAL ARBITRATION THOUGHT LEADERSHIP
SWITZERLAND The Reform of Swiss International Arbitration Law has entered Home Stretch
Johannes Landbrecht (left) and Axel Buhr (right) GABRIEL Arbitration Zürich
Making Something Excellent Even Better Swiss law on international arbitration is part of the Swiss Private In - ternational Law Act (PILA) as its Chapter 12. Swiss law on domestic arbitration is part of the Swiss Code of Civil Procedure. Arbitration proceedings are international, according to Swiss law, if at least one of the parties to the arbitration agreement, at the time of its signing, is not domiciled in Switzerland. Furthermore, the parties, in domestic cases, can opt in to Swiss international arbitration law, whereas in in - ternational cases, they can opt out of Swiss international arbitration law, choosing domestic arbitration law instead. • further strengthening party autonomy in line with international The current version of Chapter 12 PILA was enacted, subject to developments (below 5). very minor subsequent amendments, in 1989. It has been a success Yet the most important innovation, from a practical perspective, story with parties from all over the world. Parties value its clarity, its may be the proposed possibility to make, in the context of annulment precision, and its simplicity. While Chapter 12 PILA covers by and proceedings, submissions to the Swiss Federal Court in English (below large the same issues as the UNCITRAL Model Law 1985, the Swiss 2). legislator decided to enact an independent and unique version of an arbitration law. In a nutshell, it would seem that the main feature of Submissions to the Swiss Federal Court in English Swiss international arbitration law, singling it out amongst arbitration Today, any submissions to the Swiss Federal Court must be filed in laws from other jurisdictions, is its high regard for party autonomy. one of the official languages (German, French, Italian, or Romansh). Given its overall success, one may question whether Swiss interna - Exhibits in a language other than German, French, or Italian must be tional arbitration law even requires fundamental reform. While a filed together with a translation. This rule even includes exhibits in thorough review process was launched in order to assess possible English, which are accepted by the Swiss Federal Court without trans - shortcomings and areas that might need improvement, and the lation only where all parties agree. Zurich University of Applied Sciences School of Management and The language requirements of the Swiss Federal Court conflict Law was tasked with an in-depth market and regulatory cost assess - with the fact that the majority of international arbitration proceed - ment study, it quickly turned out that the current Swiss international ings seated in Switzerland are conducted in the English language and arbitration law was already highly competitive in an international may involve parties who are not fluent in any of the official languages. arena, served its users and other stakeholders In these cases, translating a party’s own well, and did not require major adjustments. (draft) submissions and those of the other Yet, in 2012, the Swiss parliament, eager party can be a very costly and time-consum - not to rest on its laurels, requested the Swiss ing task. In annulment proceedings, where Federal Council to prepare a draft bill that time is of the essence especially for the appli - “preserves the attractiveness of Switzerland as FURTHER ENHANCING cant (who must prepare and file a request to an international arbitration hub ”. Following THE USER FRIENDLINESS set aside an international arbitral award the release of a first draft in 2017 and subse - within a mere 30 days from receipt), translat - quent public consultations, the Swiss Federal OF SWISS ing drafts and documents can be a daunting Council, in 2018, issued a revised draft that INTERNATIONAL exercise. focuses on three main objectives: The draft bill would enable the filing of • codification of case law of the Swiss Fed - ARBITRATION submissions in English and would therefore eral Court (below 3); make annulment proceedings for many for - • rendering Chapter 12 even more user eign parties much more user friendly. It re - friendly (below 4); and mains to be seen whether this amendment
20 EXPERT GUIDES RISING STARS THOUGHT LEADERSHIP COMMERCIAL ARBITRATION
SWITZERLAND will be approved by parliament, as the Swiss Federal Court opposed Rendering Chapter 12 Even More User Friendly the Swiss Federal Council’s proposal during public consultations. The draft bill seeks to render Swiss international arbitration law more user friendly for international users. Codification of Case Law of the Swiss Federal Court With this goal in mind, the Swiss Federal Council proposes to fur - The draft bill further seeks to bring the text of Chapter 12 PILA up to ther strengthen the character of Chapter 12 as a self-contained set of date with the case law of the Swiss Federal Court and to clarify certain rules, by removing references to the provisions of the Swiss Code of open issues that are currently not dealt with in Swiss international ar - Civil Procedure and incorporating the content of those provisions di - bitration law. rectly into Chapter 12. In line with the case law of the Swiss Federal Court and Swiss do - Furthermore, the draft bill seeks to unify the form requirements mestic arbitration law, the draft bill provides for the right of a party to for all arbitration-related agreements and, as already discussed above, request the arbitral tribunal to correct typographical errors in its to enable parties to file submissions to the Swiss Federal Court in an - award, to explain considerations in its award, or to render an addi - nulment proceedings in English. tional award on claims omitted. Furthermore, the draft bill confirms the right of a party to request, Further strengthening Party Autonomy in limited cases, a reopening of the proceedings by way of a decision Finally, in line with the prevailing view in Switzerland, the draft bill of the Swiss Federal Court ( Revision / review), in addition to the right expressly confirms that arbitration clauses included in unilateral acts, to request the setting aside of the award. These limited cases include such as for example in a will or a trust deed, have legal force. This situations where (i) relevant facts or evidence come to light after the amendment is a welcome confirmation that international succession completion of the arbitration proceedings; where (ii) criminal investi - and trust matters can be safely submitted to arbitration in Switzer - gations show that the award was tainted by illegality; or where (iii) land. circumstances have come to light after the completion of the arbitra - tion proceedings that call into question an arbitrator’s independence Conclusion or impartiality. If everything goes according to plan, the reform of Chapter 12 PILA In line with the case law of the Swiss Federal Court and Swiss do - will be approved by the Swiss parliament without major changes in mestic arbitration law, the draft bill also provides that a party forfeits 2019 and enter into force in 2020. its right to object to a violation of procedural rules if the objection is The reform contains many improvements, but the legislator will not promptly raised. refrain from extensive reconstruction works. For the users of Swiss in - Responding to uncertainties created by the case law of the Swiss ternational arbitration, this is good news. Chapter 12 PILA, under the Federal Court, the draft bill expressly clarifies that arbitration pro - wise guidance given by the Swiss Federal Court, has been working well ceedings are international if one party to the arbitration agreement for many years. Rather than simply following international trends, was domiciled in Switzerland at the time the agreement was signed. Swiss international arbitration law has in fact developed and shaped The parties’ domicile at the time the proceedings are commenced is many of those trends over the past decades. irrelevant in this respect. In addition, Swiss international arbitration law of the future will Finally, the draft bill clarifies that any ancillary proceedings before be even more accessible and transparent, with the reform further en - Swiss state courts (the so-called juge d’appui ) are governed by the hancing clarity and precision as well as the user friendliness of Swiss rules on summary proceedings. international arbitration.
RISING STARS EXPERT GUIDES 21 COMMERCIAL ARBITRATION ATTORNEY BIOGRAPHIES
F R A N C E G E R M A N Y
Wesley Pydiamah Gebhard Bücheler Eversheds Sutherland Seven Summits Arbitration 8 Place D’Iéna Blütenstr. 1 75116 Paris 80799 Munich France Germany Tel: (33) 1 55 73 41 22 Tel: (49) 89 413 264 281 E: [email protected] Email: [email protected] Website: www.eversheds-sutherland.com Website: 7summits.law
Wesley is a Partner in Eversheds Sutherland’s arbitration Department Gebhard Bücheler is a partner at Seven Summits Arbitration (7SA), a specialising in international commercial arbitration, investment Munich-based disputes specialist firm dedicated to arbitration. Qualified arbitration and public international law matters. to practice law in New York and Germany, Gebhard serves as counsel and as arbitrator. He has acted in many investment and commercial disputes in His experience includes dozens of cases where he advised and represented a broad range of industries, including energy and natural resources, Governments, State-entities and private multinational companies in healthcare and pharmaceutical, media and advertising, manufacturing, proceedings before numerous institutional and ad hoc arbitral tribunals private equity, and financial services. (including under ICC, SIAC, PCA, LCIA, DIFC and UNCITRAL Rules). He also has a significant experience in proceedings before the Iran-US Gebhard has taught international law at LMU Munich and regularly guest Claims Tribunal. lectures on international arbitration at the University of St. Gallen. In 2015, Oxford University Press published his monograph Proportionality Wesley’s regional focus is on Africa and the Middle East, and has also in Investor-State Arbitration. Gebhard holds law degrees from Columbia developed a non-contentious expertise on Iranian matters these recent University and LMU Munich, including a PhD in international investment years. He has been advising numerous large multinational companies in law supervised by Judge Bruno Simma. Gebhard worked in the Paris office relation to sanctions, investment protection and doing business in Iran of Freshfields Bruckhaus Deringer from 2010 to 2013 before returning to generally. Munich. In 2019, Wesley has been cited in the Legal 500 Review: “ The practice is co- Representative matters: headed by […] Wesley Pydiamah, who is ‘always helpful and business savvy’ ”. • Represent a German aerospace-component manufacturer in an ICC In 2018, he has been mentioned in the Legal 500 Review: “ Wesley arbitration against a French company arising from a licensing Pydiamah is very professional and also familiar with the Middle East culture agreement in the defence sector and the petrochemical industry ” and has been listed by Euromoney’s • Act for a German company in a SCAI mediation with a Swiss company “Rising Stars 2018” guide as one of the 10 rising stars in commercial arising from a licensing agreement in the pharmaceutical sector arbitration for France. • Represented a leading global trader based in the United States in an ICC arbitration with a Swiss trading company regarding a dispute Wesley lectures on OHADA arbitration and disputes in Africa at the arising from a shipping contract University of Paris 2 Panthéon Assas. He is a member of several arbitral • Sole Arbitrator in a DIS Arbitration regarding a joint venture dispute organisations, is a founding member of AfricArb and serves on the in the manufacturing sector advisory board of the MARC Court, the leading arbitral institution in • Presiding Arbitrator in a DIS arbitration concerning a shareholder Mauritius dedicated to resolving Africa-related disputes. dispute in the manufacturing sector Wesley holds law degrees in international law from the Universities of Paris • Tribunal assistant in several UNCITRAL investment arbitrations 1 Panthéon-Sorbonne and Paris Ouest Nanterre and is fluent in English administered by the PCA involving multilateral and bilateral and French. He is admitted to practice law in France. investment treaties (including the OIC Treaty) with amounts in dispute of up to €1.5 billion His recent experience as Counsel includes advising and representing: • Represented a US private equity firm in a DIS post-M&A arbitration against the seller of a clinical research company • a major South African telecommunications operator in a billion dollar • Acted for a B2B marketing and communications agency in an ICC dispute under the ICC Rules arising from a license to operate a GSM arbitration against a leading machine tools manufacturer arising from network; the termination of a long-term contractual relationship • a Middle Eastern Government in a bilateral investment treaty dispute • Represented a leading German energy company in electricity-pricing arising out of a tender process in the telecommunications sector and disputes based on long-term supply agreements with electricity which was successfully defended by the Respondent State; distribution companies • a Middle Eastern petrochemical company which produces and • Acted for several investors in a dispute relating to the withdrawal of commercialises petrochemical products in a dispute concerning the regulatory support for solar energy projects by a European state under shipment of methanol; the Energy Charter Treaty and bilateral investment treaties • a global healthcare company in a LCIA arbitration concerning a • Advised the foreign majority shareholder of an aluminum smelter and distribution agreement to market medical imaging equipment and a hydroelectric power plant on contract and investment treaty claims technology in North Africa; regarding a mandatory share transfer to a Southeast Asian state • a Swiss commodities and trading company in several arbitrations • Advised a European energy company on investment treaty claims relating to the supply of petroleum products in Mauritania; against an Eastern European state concerning regulatory measures in • an Italian oil super-major in relation to two disputes arising out of the electricity supply and distribution sector upstream oil and gas projects in West Africa; and • Represented a major European gas importer in parallel ad hoc gas- • a Tunisian State-owned company specialised in the production of pricing arbitrations with an aggregate amount in dispute of several phosphoric acid in a dispute and related settlement negotiations with billion euro international lenders.
22 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES COMMERCIAL ARBITRATION
G E R M A N Y G E R M A N Y
Arne Fuchs Georg Scherpf McDermott Will & Emery Rechtsanwälte Luther Steuerberater LLP Gänsemarkt 45 Feldbergstraße 35 20354 Hamburg 60323 Frankfurt am Main Germany Germany Tel: (49) 40 18067 12913 Tel: (49) 69 9511 45124 Mobile: (49) 152 016 12913 Email: [email protected] Email: [email protected] Website: www.mwe.com Website: www.luther-lawfirm.com
Arne Fuchs focuses his practice on international dispute resolution, Georg Scherpf works with the arbitration group at Luther representing with an emphasis on international arbitration and public international clients in commercial and investment arbitrations. He also sits as law, including investment treaty arbitration. He has experience with arbitrator. disputes conducted under the ICSID Convention, ICC, LCIA, HKIAC, SCAI, DIS and UNCITRAL Rules, as well as pure ad-hoc arbitration. His commercial arbitration work covers a broad range of legal issues Arne also acts as (sole) arbitrator and has served as secretary of the and sectors including international trade, corporate disputes (joint tribunal in numerous international arbitrations (commercial and venture and post M&A), energy (gas storage and supply contracts) as treaty). He is a Fellow of the Malaysian Institute of Arbitrators well as construction disputes. He has represented clients in arbitrations (FMIArb). seated in Germany, England, Switzerland and Singapore and under various institutional rules (DIS, ICC, LCIA, SIAC and SCAI). Arne has been recognized as a dispute resolution specialist in GAR’s Moreover, he advises clients on conflict of laws, contract law, Who’s Who Legal: Arbitration – Future Leaders since the inaugural 2017 commercial and sales law (CISG). edition and described as “ a very smart lawyer ”, “ phenomenally hard working ” and “ a prominent name in the investment arbitration space ”. His extensive public international law experience includes advising The Legal 500 EMEA identifies him as recommended lawyer for clients in relation to bilateral investment treaties (BITs) and arbitration in its 2019 edition. multilateral investment treaties including the Energy Charter Treaty (ECT). He has acted for investors in several complex treaty cases Arne regularly speaks at international conferences and teaches training (ICSID, UNCITRAL and ad hoc) relating to infrastructure and energy courses and workshops on dispute resolution. In 2017, he was investments. appointed by the ICC International Court of Arbitration as Regional Representative for the Europe and Russia Chapter of the ICC YAF Georg studied law at Humboldt University and King’s College London, (with a 2017-2019 mandate). and practises as a German attorney ( Rechtsanwalt ) and a solicitor (England and Wales). Between 2013 and 2016 he was regional Prior to joining the firm, Arne worked, inter alia , at the German representative of the DIS40; he currently serves as a YIAG Federal Ministry of Economics and Technology’s division representing representative for Germany. Georg regularly publishes and speaks on the Federal Republic of Germany before the European Courts and in international dispute resolution and arbitration. Besides this the international arbitration practice group of another leading global publication, he is also recognized for his work in Legal 500 and law firm in Frankfurt am Main. Who’sWhoLegal (Future Leaders).
Arne studied law at the University of Augsburg and obtained his Master of Laws degree from the George Washington University Law School in Washington, DC, where he focused his studies on public international law and international arbitration. He also successfully completed an advanced training program in German and International Arbitration at the University of Frankfurt and the American University’s Washington College of Law Seminar on International Commercial Arbitration.
Arne is fluent in English, German and French. He reads Spanish.
RISING STARS EXPERT GUIDES 23 COMMERCIAL ARBITRATION ATTORNEY BIOGRAPHIES
S I N G A P O R E S W I T Z E R L A N D
Julie Raneda Anne-Carole Cremades Schellenberg Wittmer Pte Ltd Schellenberg Wittmer Ltd 6 Battery Road, #37-02 15bis, rue des Alpes / P.O. Box 2088 Singapore 049909 1211 Geneva 1 Tel: (65) 6580 2240 Switzerland Email: [email protected] Tel: (41) 22 707 8000 Website: www.swlegal.ch/en/singapore/ Email: [email protected] Website: www.swlegal.ch
Julie Raneda is a partner in Schellenberg Wittmer’s international Anne-Carole Cremades is a counsel in Schellenberg Wittmer’s arbitration practice in Singapore. She specialises in international international arbitration group in Geneva. She specialises in commercial and investment arbitration and has acted as counsel in a international commercial arbitration and has acted as counsel before broad range of disputes involving international sales, licence and international arbitral tribunals in a broad range of disputes involving distribution agreements, energy, construction and engineering share purchase agreements, oil and gas contracts, joint venture contracts and joint venture agreements. In addition, she has served as agreements, sales and distribution contracts, international sole arbitrator in several Swiss Rules and SIAC arbitrations. She has construction contracts and investment disputes between states and also represented parties before the Swiss Supreme Court in foreign investors. In addition, she has served as arbitrator as well as proceedings related to challenges of arbitral awards and advised parties secretary to arbitral tribunals in several ICC and ad hoc arbitrations. on matters connected to international trade sanctions. She has also represented parties before the Swiss Supreme Court in proceedings related to challenges of arbitral awards rendered both in Examples of Julie’s expertise in arbitration include: representing a commercial or investment arbitrations. state-owned company; providing advice on Swiss substantive law and Swiss law of international arbitration in ICC proceedings seated in Examples of Anne-Carole’s expertise in arbitration matters include: Switzerland related to a dispute in the engineering and construction representation of a Qatari company in a dispute regarding the sector; representing a leading pharmaceutical company in a dispute termination of a subcontract for the construction of an airport in the arising from a manufacturing and supply agreement; and representing Middle East; representation of a Turkish company in a dispute the Russian Federation in Swiss Supreme Court proceedings relating to regarding manufacturing of consumer electronics; and representation the setting-aside of two separate arbitral awards on jurisdiction in two of a North-African state-owned company in a dispute relating to a investment dispute matters. water desalinisation plant and project finance issues.
After completing a degree in international relations at the Graduate Prior to joining Schellenberg Wittmer, Anne-Carole worked as an Institute Geneva, Julie graduated with a law degree from the University associate in a renowned Paris law firm. Additionally, she was a teaching of Geneva. Julie Raneda joined the Geneva office as a trainee in 2008 assistant in contract law at the University of Paris and a trainee lawyer and again as an associate after her admission to the Swiss Bar in 2011. in a Madrid based law firm. She also worked as a senior associate at the London office of Wilmer Cutler Pickering Hale and Dorr LLP in 2014-2015. Anne-Carole Cremades is a member of several professional associations, including the Spanish Club of Arbitration (CEA), the As a key partner of the Asian Regional Desks, Julie is responsible for Comité Français de l’Arbitrage (CFA), the Swiss Arbitration further developing the firm’s international arbitration practice in Asia. Association (ASA) and ICDR Young & International. She is president of the Swiss chapter of the Spanish Club of Arbitration (CEA). She has Julie is Chair of the Swiss Arbitration Association’s South-East Asia authored various publications on international arbitration issues and chapter, Vice Chair of the Inter-Pacific Bar Association’s Next regularly speaks at arbitration conferences. Generation Committee, Committee Member of the Young Singapore International Arbitration Centre and Member of the Singapore International Arbitration Centre’s Users Council.
24 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES COMMERCIAL ARBITRATION
S W I T Z E R L A N D S W I T Z E R L A N D
Anya George Anna Kozmenko Schellenberg Wittmer Ltd Schellenberg Wittmer Ltd Löwenstrasse 19 / P.O. Box 2201 Löwenstrasse 19 / P.O. Box 2201 8021 Zürich 8021 Zürich Switzerland Switzerland Tel: (41) 44 215 5252 Tel: (41) 44 215 5252 Email: [email protected] Email: [email protected] Website: www.swlegal.ch Website: www.swlegal.ch
Anya George is a partner in Schellenberg Wittmer’s dispute resolution Dr. Anna Kozmenko is a partner in Schellenberg Wittmer’s dispute group in Zürich. Her practice focuses on international commercial resolution and sports group in Zurich. She represents parties in arbitration and litigation. She represents states, state-owned entities complex disputes across a wide range of sectors with a particular and private companies in complex multi-jurisdictional disputes across emphasis on natural resources, energy, telecommunications, a wide range of sectors with particular emphasis on energy, natural construction and sports. resources and manufacturing and sales agreements. She handles arbitrations under the rules of the ICC, LCIA, UNCITRAL and SCAI Anna’s experience as counsel and arbitrator includes numerous and before the PCA, and in ad hoc proceedings. Anya has special arbitrations, both ad hoc and institutional (under the ICC, LCIA, SCC, expertise in arbitration-related litigation, including enforcement and VIAC, AAA/ICDR, UNCITRAL, CAS, ICSID, ICSID Additional setting-aside proceedings before the Swiss Supreme Court, in both Facility and Swiss rules), at various seats and under a broad range of French and German. She also advises clients on business and human applicable laws. rights issues. Anna’s recent notable matters include: successful representation, Anya’s arbitration experience includes: successful representation of 39 before the CAS, of 39 Russian athletes who had been wrongly banned Russian athletes who challenged their disqualification from the Sochi for life from the Olympic Games amid allegations of a systematic Games and their lifetime Olympic bans by the International Olympic doping scheme around the Sochi Olympic Games; representing Russia Committee (IOC) before the Court of Arbitration for Sport; before the Swiss Supreme Court to set aside awards on jurisdiction in representation of MOL Hungarian Oil and Gas Company Plc in a series of investment arbitration matters; and the successful defense of setting-aside proceedings before the Swiss Supreme Court in a dispute GazpromNeft PJSC before a Swiss court against the European Bank for with the Republic of Croatia; and representation of the Russian Reconstruction and Development. Federation in proceedings before the Swiss Supreme Court to set aside an interim award on jurisdiction rendered in one of the “second wave” Anna is an adjunct professor of law at the University of Arkansas Yukos matters. School of Law, where she teaches international commercial arbitration. She is on the global executive board of ICDR Young & International. In Anya is recognised by leading legal directories and publications Who’s 2016, WWL Future Leaders Arbitration ranked Anna among the “most Who Legal (who quoted her as one of the best of her generation highly regarded individuals”. She was named a “top arbitration worldwide), Legal 500 and Expert Guides for her expertise in practitioner” by the Russian Arbitration Association in 2014–2018. international arbitration. Prior to joining Schellenberg Wittmer, Anna practiced at a leading Anya is trilingual (English/French/German) and dual-qualified as a international law firm in Paris and New York. She graduated with Swiss attorney and a solicitor of England and Wales. highest honors from Peoples’ Friendship University of Russia (BA, MA and SJD degrees) and obtained an LL.M degree in international Anya is a co-chair of the LCIA’s Young International Arbitration Group dispute settlement from the University of Geneva (MIDS). (YIAG). She is also on the young professionals’ group committee of the British Swiss Chamber of Commerce, and is an associate of the Chartered Institute of Arbitrators. Anya speaks and publishes regularly on a variety of international arbitration topics.
RISING STARS EXPERT GUIDES 25 COMMERCIAL ARBITRATION ATTORNEY BIOGRAPHIES
S W I T Z E R L A N D S W I T Z E R L A N D
Johannes Landbrecht Stefan Leimgruber Gabriel Arbitration AG Schellenberg Wittmer Ltd Bahnhofstrasse 108 Löwenstrasse 19 / P.O. Box 2201 8001 Zürich 8021 Zürich Switzerland Switzerland Tel: (41) 44 206 20 80 Tel: (41) 44 215 5252 Email: [email protected] Email: [email protected] Website: www.gabriel-arbitration.ch Website: www.swlegal.ch
Dr. Johannes Landbrecht practises at the arbitration boutique law firm Dr. Stefan Leimgruber is a partner in Schellenberg Wittmer’s dispute GABRIEL Arbitration in Zurich, specialising in and regularly advising, resolution group in Zürich. His main areas of practice are domestic together with the team at GABRIEL Arbitration, on international and international commercial arbitration and litigation. He acts as arbitration (including arbitration-related court proceedings), counsel and arbitrator in international arbitrations, both ad hoc and transnational dispute resolution (including cross-border litigation and institutional (including ICC, Swiss Rules, UNCITRAL, WIPO, mediation), and conflict of laws issues. CEPANI), in a wide range of commercial disputes, including disputes arising from international joint ventures, shareholders’ and share Johannes has a unique transnational legal background, as regards (a) purchase agreements, sales, licence and distribution agreements and his professional experience – having previously worked in top-tier construction contracts. Stefan also represents parties before Swiss arbitration practices in Frankfurt/Main, Paris, Geneva, and Singapore; courts with a particular focus on banking, post-M&A and corporate (b) his professional training – being admitted to the bar in Germany litigation, interim measures and enforcement of foreign judgments (2008), Switzerland (2018), and England & Wales (barrister, 2014); but and awards. also in light of (c) his academic training – having studied, inter alia, at the Universities of Konstanz (Mag jur, 2006), London International Stefan’s recent experience in arbitration matters includes: counsel to an Programmes (LLB, 2011), and Geneva (PhD, 2012). Indonesian producer and to a South Korean trading company in two Swiss Rules arbitrations relating to warranty and damage claims Given his legal background and training, Johannes is exceptionally well arising from the purchase and shipment of steel bars; arbitrator placed to advise on disputes involving more than one jurisdiction, on (chairman) in an ad hoc arbitration concerning the exercise of put the part of the applicable laws as much as with regard to the parties options under a shareholders agreement; counsel to two Swiss and individuals involved (for instance the arbitrators). Most companies in a post-M&A dispute following the rescission of a share importantly, Johannes can efficiently bridge the common law / civil law purchase agreement by the sellers (CEPANI Rules). divide that exists in some areas of law, in particular in the context of arbitration proceedings. This enables Johannes to create considerable Stefan is recognised and ranked for his work in arbitration and additional value for clients. litigation by leading international directories such as The Legal 500, Expert Guides and Who’s Who Legal. They describe him as “highly Johannes focuses on energy and IP-related disputes, but he has also recommended by clients and peers alike” and as “an excellent all-round acted as counsel (including for several Fortune 500 companies) and lawyer with particular strength in post-M&A arbitration proceedings”. secretary to arbitral tribunals in a wide variety of other disputes, including private equity, construction, agency, joint venture, and post- Prior to joining Schellenberg Wittmer in 2007, Stefan worked at the M&A. He has acted in proceedings under the arbitration rules, inter Zürich District Court, first as a legal secretary and later as a judge, alia, of the ICC, LCIA, Swiss Chambers, UNCITRAL, DIAC, SCC, mainly dealing with debt enforcement, civil attachments, injunctions, VIAC, and WIPO. and recognition and enforcement of foreign judgments. From 2010 to 2011, Stefan was a visiting scholar at the University of Sydney Law To keep up to date with recent developments and in order to further School, where he conducted extensive research in the fields of build his expertise, Johannes is a regular speaker at and organizer of international arbitration and transnational litigation. He obtained a conferences and events in the area of dispute resolution around the doctorate in law from the University of Lucerne in 2013 for his thesis globe, while also serving as a regional coordinator of DIS40 in on negative declaratory relief in international arbitration in Switzerland. He regularly publishes on arbitration and disputes-related Switzerland. topics, acting also as a co-editor of the Swiss Arbitration Association’s ASA Bulletin. Stefan is a member of several professional associations, including the International, the Swiss and the Zurich Bar Associations. Johannes has been invited to serve as Lecturer at the University of Zurich as well as at the University of Münster in Germany.
Johannes practises in English, French, and German.
26 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES COMMERCIAL ARBITRATION
S W I T Z E R L A N D
Sebastiano Nessi Schellenberg Wittmer Ltd 15bis, rue des Alpes / P.O. Box 2088 1211 Geneva 1 Switzerland Tel: (41) 22 707 8000 Email: [email protected] Website: www.swlegal.ch
Sebastiano Nessi is a senior associate in Schellenberg Wittmer’s Geneva office. Trained in both civil and common law, Sebastiano specializes in international arbitration and commercial litigation.
Sebastiano’s clients and cases have spanned most continents, including Europe, Asia, South America and Africa. He has handled arbitrations under the rules of the ICC, LCIA, UNCITRAL, ICSID, SCC, SCAI and before the PCA. He has represented states, state-owned entities and private companies in complex multi-jurisdictional disputes across a wide range of sectors with a particular focus on energy, commodities, pharmaceuticals, joint ventures, aerospace, sports and construction disputes.
Sebastiano also regularly sits as an arbitrator.
Sebastiano has written and spoken widely on arbitration, as well as teaching commercial and investment arbitration at the University of Paris I, Panthéon-Sorbonne and Sciences Po Law School (2013–2017).
Sebastiano has been recently appointed ICC YAF Representative for Europe and Russia. He is also a Steering Committee Member of the Young Arbitration Practitioners group of the Chartered Institute of Arbitrators (CIArb YMG).
Sebastiano Nessi graduated from the University of Geneva in 2004 (summa cum laude) and was admitted to the bar in Switzerland in 2006. In 2009, he earned a Master of Laws (LLM) from Columbia Law School (New York).
RISING STARS EXPERT GUIDES 27 COMMERCIAL ARBITRATION EXPERT LISTINGS
AUSTRALIA FRANCE GERMANY Peter Harris Stephan Adell Arne Fuchs See bio Clifford Chance Squire Patton Boggs McDermott Will & Emery Perth Paris Frankfurt am Main
Sam Luttrell David Burke Catrice Gayer Clifford Chance Quinn Emanuel Urquhart & Sullivan Herbert Smith Freehills Perth Paris Düsseldorf
Simon Elliot Olga Hamama Three Crowns Freshfields Bruckhaus Deringer AUSTRIA Paris Frankfurt am Main Eliane Fischer Freshfields Bruckhaus Deringer Gaëlle Goudet Filhol Tobias Höfling Vienna betto seraglini Baker McKenzie Paris Frankfurt am Main Heidrun Halbartschlager Konrad & Partners Athina Fouchard Papaefstratiou Marc Jacob Vienna Eversheds Sutherland Shearman & Sterling Paris Frankfurt am Main Eric Leikin Freshfields Bruckhaus Deringer Emily Fox Nicholas Kessler Vienna Herbert Smith Freehills Orrick Herrington & Sutcliffe Paris Düsseldorf
Thomas Granier Benjamin Lissner BELGIUM McDermott Will & Emery CMS Hasche Sigle Michelle Glassman Bock Paris Cologne WilmerHale Alexander J Marcopoulos Simon Manner Brussels/Washington DC Shearman & Sterling Manner Spangenberg Paris Hamburg CANADA Théobald Naud Anna Masser DLA Piper Jones Day Hugh A Meighen Paris Frankfurt am Main Borden Ladner Gervais Toronto Wesley Pydiamah See bio Sebastian D Müller Eversheds Sutherland King & Spalding Paris Frankfurt am Main
CHINA Alexandre Reynaud Tilman Niedermaier Helen Tang betto seraglini CMS Hasche Sigle Herbert Smith Freehills Paris Munich Shanghai Tom Christopher Pröstler CMS Hasche Sigle GERMANY Berlin ECUADOR Jennifer Bryant David Toscano Noerr Georg Scherpf See bio Ferrere Düsseldorf Luther Quito Hamburg Gebhard Bücheler See bio Seven Summits Arbitration (7SA) Moritz Schmitt Munich Freshfields Bruckhaus Deringer FINLAND Frankfurt am Main Anna-Maria Tamminen Philipp Duncker Jan E Spangenberg Hannes Snellman Hogan Lovells Manner Spangenberg Helsinki Munich Hamburg
28 EXPERT GUIDES RISING STARS EXPERT LISTINGS COMMERCIAL ARBITRATION
HONG KONG RUSSIA SWITZERLAND SAR Oleg Todua Christophe Guibert de Bruet White & Case Lalive Sheila Ahuja Moscow Geneva Allen & Overy Hong Kong Roman Huber Lalive Desmond Ang SINGAPORE Zürich Sidley Austin Julie Raneda See bio Hong Kong/Singapore Schellenberg Wittmer Eva Kalnina Lévy Kaufmann-Kohler Donovan Ferguson Singapore Geneva King & Wood Mallesons Daniel Waldek Hong Kong Herbert Smith Freehills Anna Kozmenko See bio Singapore Schellenberg Wittmer Zürich ITALY Catherine Anne Kunz Fabio Cozzi SOUTH KOREA Lalive Paul Hastings Woojae Kim Geneva Milan Bae Kim & Lee Johannes Landbrecht See bio Michele Curatola Seoul Gabriel Arbitration Lombardi Segni e Associati Zürich Milan SPAIN Stefan Leimgruber See bio Flavio Ponzano Schellenberg Wittmer ARBLIT Victor Bonnin Reynes Zürich Milan VBArbitration Madrid Alexandre Mazuranic White & Case Alba Briones Geneva JAPAN Hogan Lovells Yutaro Kawabata Madrid Florian Mohs Nishimura & Asahi Pestalozzi Tokyo Zürich SWITZERLAND Olivier Mosimann Luca Beffa Kellerhals Carrard NETHERLANDS Baker McKenzie Basel Stan Putter Geneva Sebastiano Nessi See bio Conway Brendan Casey Schellenberg Wittmer Rotterdam Akin Gump Strauss Hauer & Feld Geneva Geneva Michele Potestà PORTUGAL Anne-Carole Cremades See bio Lévy Kaufmann-Kohler Attorneys at law Schellenberg Wittmer Geneva Joana Galvão Teles Geneva MLGTS Marco Stacher Lisbon Lorraine de Germiny Walder Wyss Lalive Zürich Geneva RUSSIA Simon Vorburger Rahul Donde Quinn Emanuel Urquhart & Sullivan Andrey Panov Lévy Kaufmann-Kohler Zürich Norton Rose Fulbright Geneva Moscow Anya George See bio Schellenberg Wittmer Zürich
RISING STARS EXPERT GUIDES 29 COMMERCIAL ARBITRATION EXPERT LISTINGS
UKRAINE UNITED Dmytro Donenko KINGDOM Engarde Samantha J Rowe Kyiv Debevoise & Plimpton London/Paris UNITED ARAB Stephanie Marine Sarzana Covington & Burling EMIRATES London Kirsten O’Connell Allen & Overy Dubai UNITED STATES Kabir Duggal Arnold & Porter UNITED New York KINGDOM Érica Franzetti Clea Bigelow-Nuttall Dechert Pinsent Masons Washington DC London Gregory A Litt Naomi Briercliffe Skadden Arps Slate Meagher & Flom Allen & Overy New York London Ina C Popova Clare Connellan Debevoise & Plimpton White & Case New York London Anna Giulia Tevini Daniel g Costelloe Shearman & Sterling WilmerHale New York London Jonathan J Thompkins Philip J Devenish Shearman & Sterling Jones Day New York London Gretta Walters Sarah Ganz Chaffetz Lindsey WilmerHale New York London
Sabrina Janzik Clyde & Co Lodnon
Aimee-Jane Lee Debevoise & Plimpton London
Simon Maynard Three Crowns London
Dharshini Prasad WilmerHale London
30 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
COMPETITION AND ANTITRUST
Feature for: Mexico, by Luis Gerardo García Santos Coy, Mauricio Serralde Rodríguez, Jorge Kargl Pavía and Sebastián Martínez Pastrana of Creel, García-Cuéllar, Aiza y Enriquez 32
Argentina 35 Germany 36 Singapore 37 Australia 35 Hong Kong SAR 36 Slovak Republic 37 Austria 35 India 36 South Africa 37 Belgium 35 Italy 36 South Korea 37 Brazil 35 Japan 36 Spain 37 Chile 35 Latvia 36 Sweden 37 China 35 Lithuania 36 Switzerland 37 Colombia 35 Mexico 32, 36 Ukraine 37 Czech Republic 35 Netherlands 36 United Kingdom 37 Estonia 35 Poland 37 United States 34, 37 Finland 35 Portugal 37 France 36 Romania 37
RISING STARS EXPERT GUIDES 31 COMPETITION AND ANTITRUST THOUGHT LEADERSHIP
MEXICO Essential facilities and Primary Jurisdiction in Mexico
Luis Gerardo García Santos Coy, Mauricio Serralde Rodríguez, Jorge Kargl Pavía and Sebastián Martínez Pastrana 1 (clockwise L-R) Creel, García-Cuéllar, Aiza y Enriquez Mexico City
Introduction On June 12, 2013, an amendment to the Mexican Federal Constitu - tion regarding antitrust and telecommunications matters became ef - fective (the “Constitutional Amendment”). Among other things, the Constitutional Amendment created a new Federal Economic Compe - tition Commission ( Comisión Federal de Competencia Económica ; “COFECE”) as an autonomous constitutional body, as well as new specialized federal courts in economic competition, telecommunica - tions and broadcasting. The Constitutional Amendment also granted COFECE new pow - ers to identify essential facilities and regulate their access. The details and scope of these new powers, as well as the applicable proceeding, were further detailed in the new Competition Law published in 2014. The first case ever in which COFECE made use of these powers re - lates to the allocation of landing and take-off slots in Mexico City’s airport, which was recently reverted by a Federal Circuit Court through an application of the primary jurisdiction doctrine, conclud - Investigations by COFECE with respect to essential facilities may ing that slots regulation fell within the technical expertise of the Min - derive in: (a) recommendations to public authorities; (b) orders to istry of Communications and Transportation ( Secretaría de economic agents to eliminate a competition barrier; (c) the determi - Comunicaciones y Transportes or “SCT”) through the General Direc - nation of an essential facility and the issuance of guidelines to regu - tion for Civil Aeronautics ( Dirección General de Aviación Civil ). late, as appropriate, its access, tariffs, rates, technical and quality conditions, and timing; and (d) the divestiture of the controlling The Essential Facilities Doctrine and COFECE’s Authority agent’s assets, rights, shares or interests, as required to remedy any an - The powers granted to COFECE in the Constitutional Amendment ticompetitive effects, in those cases in which other measure are not were based on and are similar to, the essential facilities doctrine ap - sufficient for these purposes. plied by both US Courts and the Court of Justice of the European Union. The Case In Mexico, in order for a facility to be The first case ever in which COFECE used deemed as essential, COFECE must analyze: these new powers was in February 2015, in an (i) whether the facility is controlled by one or THIS APPEAL AGAINST ex officio investigation (file number IEBC- more economic agents with market power in 001-2015) related to Mexico City Airport’s any given market; (ii) whether the facility COFECE’S FIRST-EVER (“AICM”) allocation of landing and take-off cannot be replicated from a technical, legal or ESSENTIAL FACILITIES slots. As AICM is a saturated airport, any air - economic perspective; (iii) whether the facil - line intending to conduct operations therein ity is essential for the provision of goods or CASE WILL SHAPE requires a slot assignment. services in one or more markets and has no COMPETITION In June 2017, based on the evidence it substitutes; (iv) the conditions which lead to gathered during the investigation, COFECE the economic agent’s control of such facility; PRACTICE FOR YEARS concluded (among other things), that slots in and (v) whether regulating access to the es - TO COME AICM were an essential facility and that the sential facility will generate efficiencies in the way in which they were being allocated by market. AICM resulted in inefficiencies and anticom -
32 EXPERT GUIDES RISING STARS THOUGHT LEADERSHIP COMPETITION AND ANTITRUST
MEXICO petitive effects, deriving in a high concentration of slots among few exceeded the scope of its authority and invaded SCT’s sphere of ac - airlines, which limited both the entry of new airlines and the expan - tion. sion by airlines holding fewer slots. According to COFECE, this also The Circuit Court further clarified that COFECE, as antitrust ex - led to systemic distortions in the daily operations of airlines in detri - pert, could issue non-binding recommendations to SCT, which the ment of consumers. latter could take into account alongside technical, safety and interna - As a result, among other aspects, COFECE’s decision imposed tional elements to better determine the way in which slots would be upon AICM certain obligations (“COFECE’s Essential Facilities Deci - assigned. sion”), including (i) enforcing an 85/15 compliance rule upon airlines For these reasons, the Circuit Court concluded that COFECE's under penalty of losing previously assigned slots; and (ii) imposing powers to regulate access to essential inputs are limited to the fulfill - certain restrictions (cap) to carriers holding 35% or more slots accu - ment of its regulatory purpose, and such powers do not extend to reg - mulation per hour. ulating operational and technical matters related to aeronautical In July 2017, one of the affected airlines 2 filed a constitutional ap - services. peal ( amparo claim) with a District Court challenging COFECE’s Es - In other words, in cases in which there are legal and regulatory sential Facilities Decision based on an interpretation of the essential provisions that grant authority to a sector regulator with technical ex - facilities, primary jurisdiction and implied immunity doctrines in pertise, COFECE’s essential facilities powers are limited to non-bind - the US and Europe, arguing that COFECE’s Essential Facilities Deci - ing opinions or recommendations and it cannot assume powers to sion exceeded the purpose of COFECE’s powers and that slots allo - regulate access to the facility, prices, technical conditions or quality in cation fell within the technical expertise of the SCT, who not only those sectors, since there is an ad hoc authority with powers and ex - had to consider antitrust aspects, but also technical, safety, effi - pertise to do so. ciency, public policy and international commitments within its anal - The direct effect of this ruling is that COFECE’s Essential Facilities ysis. Decision is not applicable to the claimant airline (including the cap of In the first instance, the District Court dismissed the claim, ar - 35%), however, the ruling is also a landmark case in regard to guing essentially that (i) the airline had not suffered a direct affec - COFECE’s essential facilities powers in regulated markets. tation by COFECE’s Essential Facilities Decision as AICM still Although the ruling is not mandatory upon future cases, it does needed to implement it; and (ii) that the case was inadmissible be - offer guidance on the Federal Court’s interpretation of the primary cause if the outcome was favorable to the airline, the ruling would jurisdiction doctrine, effectively limiting COFECE’s essential facilities also benefit other airlines and the AICM itself -which were not par - authority in cases in which there is a sector regulator with technical ties in the trial- and therefore, would contravene the “relativity” expertise. principle pursuant to which an amparo ruling can only favor the claimant. Conclusion The airline appealed the District Court’s decision, which was as - COFECE’s Essential Facilities Decision was the first of its type, and it signed to the First Federal Collegiate Circuit Court specialized in was necessary for Federal Courts to provide an interpretation of the competition, broadcasting and telecommunications matters (the “Cir - scope of COFECE's powers to regulate essential facilities, particularly cuit Court”) (file A.R. 142/2018). in regulated markets, in order to “ allocate initial decision-making re - sponsibility between courts and agencies and to ensure that they do not The Circuit Court’s Ruling work at cross-purposes ”3, preventing inconsistent decisions between The Circuit Court reverted the District Court’s dismissal and ruled in COFECE and the sector regulator. favor of the claimant’s arguments, stating that slots allocation was in - The ruling provides a clear interpretation by Federal Courts of deed, a matter of technical and public policy considerations within COFECE's authority to regulate access to essential facilities, limiting SCT’s particular field of expertise and discretion. those powers to the material scope of its competence. When analysing the conflict, the Circuit Court determined that The ruling in Delta’s appeal against COFECE’s first-ever essential COFECE acted against the principle of the separation of powers, a facilities case is a landmark case which will shape competition law core element for the Mexican democratic system and that COFECE practice in Mexico for years to come.
1 Luis Gerardo García Santos Coy and Mauricio Serralde Rodríguez are partners, Jorge Kargl Pavía is counsel and Sebastián Martínez Pastrana is an associate at Creel, García-Cuéllar, Aiza y Enríquez SC. 2 Delta Air Lines. 3 Ellis v. Tribune Television Co ., 443 F.3d 71, 81 (2d Cir. 2006).
RISING STARS EXPERT GUIDES 33 COMPETITION AND ANTITRUST ATTORNEY BIOGRAPHIES
U N I T E D S TAT E S
Franco Castelli Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York 10019 US Tel: (1) 212 403 1355 Email: [email protected] Website: www.wlrk.com
Franco Castelli joined Wachtell, Lipton, Rosen & Katz’s Antitrust Department in 2005. He focuses on analysis of competition issues in US and cross-border mergers, acquisitions, and joint ventures. Mr. Castelli has represented clients before the Federal Trade Commission, the US Department of Justice, the European Commission, as well as other antitrust regulatory agencies. He has worked on transactions involving a wide variety of industries, most recently representing companies in the high-tech, stock exchange, pharmaceutical, oil and gas and chemical industries. Mr. Castelli has served as a guest lecturer on antitrust law at the Law School of the University of Milan, Italy.
Among other matters, Mr Castelli represented Expedia in its acquisition of Orbitz, which was named by Global Competition Review as Merger Control Matter of 2015 in the Americas, and in its acquisition of HomeAway; Actelion in its sale to Johnson & Johnson; Analog Devices in its acquisition of Linear Technology Corporation; Cox Automotive in its acquisition of Dealertrack Technologies; Nasdaq in its acquisition of the International Securities Exchange; NYSE Euronext in its sale to InterContinental Exchange, its later-abandoned merger with Deutsche Börse, and its acquisition of the American Stock Exchange; BGC Partners in its acquisition of GFI Group, its sale of Trayport to InterContinental Exchange, and its sale of eSpeed to Nasdaq; Covidien in its sale to Medtronic; Mallinckrodt in its acquisitions of Therakos, Ikaria, Questcor Pharmaceuticals and Cadence Pharmaceuticals; El Paso in its sale to Kinder Morgan; Copano Energy in its sale to Kinder Morgan; Rohm and Haas in its sale to Dow Chemical; XPO Logistics in its acquisitions of Norbert Dentressangle S.A. and Conway; Chicago Bridge & Iron in its acquisition of Shaw Group; URS in its merger with AECOM Technology; and AMB Property Corporation in its merger with ProLogis.
Mr Castelli received a J.D. from the University of Milan in 2001 and an LL.M. from Columbia Law School in 2005, where he was a Harlan Fiske Stone Scholar. Mr Castelli was selected as a “Future Leader” by Who’s Who Legal: Competition in 2017 and has been listed as a Rising Star in the 2015 and 2016 New York – Metro edition of Super Lawyers.
Mr Castelli is a member of the American Bar Association and the Bar Association of the City of New York.
34 EXPERT GUIDES RISING STARS EXPERT LISTINGS COMPETITION AND ANTITRUST
ARGENTINA BELGIUM CHILE Camila Corvalan Carlos Martínez Rico Ignacio Larraín Beccar Varela Baker McKenzie Philippi Prietocarrizosa Ferrero DU & Buenos Aires Brussels Uría Santiago Niklas Maydell Cleary Gottlieb Steen & Hamilton Benjamín Mordoj AUSTRALIA Brussels FerradaNehme Alyssa Phillips Santiago Ashurst Kerry O’Connell Brisbane Slaughter and May José Pardo Brussels Carey Santiago Tone Oeyen AUSTRIA Freshfields Bruckhaus Deringer Jorge Sepúlveda Michael Mayer Brussels CorreaGubbins Santiago CHSH Cerha Hempel Spiegelfeld Sophie Sahlin Hlawati White & Case Vienna Brussels CHINA Anna Wolf-Posch Falk Schöning CHSH Cerha Hempel Spiegelfeld Xi Liao Hogan Lovells Linklaters Hlawati Brussels Vienna Shanghai Elsa Sependa Gibson Dunn & Crutcher BELGIUM Brussels COLOMBIA Karel Bourgeois Takeshige Sugimoto Diego Cardona Baquero Allen & Overy Bird & Bird Philippi Prietocarrizosa Ferrero DU & Brussels Brussels Uría Bogotá Diana Calciu Angelina Woods Gide Loyrette Nouel Freshfields Bruckhaus Deringer Brussels Brussels CZECH Marjolein De Backer REPUBLIC Dechert Tomáš ihula Brussels BRAZIL Kinstellar Daniel Costa Rebello Prague Stephane Dionnet Pinheiro Neto Advogados Skadden Arps Slate Meagher & Flom Brasilia Brussels Paulo Lilla ESTONIA Mark J English Lefosse Advogados Liina Käis Quinn Emanuel Urquhart & Sullivan São Paulo Brussels FORT Legal Camilla Paoletti Tallinn Athanasia Gavala BMA - Barbosa Müssnich Aragão Arnold & Porter São Paulo Brussels FINLAND Paul Johnson Niina Hänninen Baker McKenzie CHILE Roschier Brussels Francisco Bórquez Electorat Helsinki Barros & Errázuriz Philip Lux Jussi Nieminen Santiago Euclid Law Castrén & Snellman Brussels Helsinki
RISING STARS EXPERT GUIDES 35 COMPETITION AND ANTITRUST EXPERT LISTINGS
FINLAND GERMANY ITALY Sari Rasinkangas Michael Mayr Ermelinda Spinelli Roschier Cleary Gottlieb Steen & Hamilton Freshfields Bruckhaus Deringer Helsinki Cologne Milan
Lukas Rengier Allen & Overy FRANCE Hamburg JAPAN Orion Berg Tsuyoshi Ikeda White & Case Christian Ritz Ikeda & Someya Paris Hogan Lovells Tokyo Munich Clémence Macé de Gastines Eversheds Sutherland Christoff Henrik Soltau Paris CMS Hasche Sigle LATVIA Hamburg Ieva Andersone Thomas Elkins Elena Wiese Sorainen Linklaters Riga Paris Hogan Lovells Düsseldorf Ivo Maskalans Joséphine Fourquet Daniel J Zimmer COBALT Paul Hastings Riga Paris Hengeler Mueller Düsseldorf Fayrouze Masmi-Dazi Frieh et Associés LITHUANIA Paris HONG KONG Andrius Ivanauskas Glimstedt SAR Vilnius GERMANY Marcus Pollard Linklaters Katharina Apel Hong Kong Cleary Gottlieb Steen & Hamilton MEXICO Cologne Jorge Kargl Pavía Christoph Arhold INDIA Creel García-Cuéllar Aiza y Enríquez White & Case Mexico City Aditi Gopalakrishnan Berlin/Brussels AZB & Partners Carlos Mena Labarthe Anna Blume Huttenlauch New Delhi Creel García-Cuéllar Aiza y Enríquez BLOMSTEIN Mexico City Soumya Hariharan Berlin Trilegal Sebastian Faust Mumbai NETHERLANDS Hogan Lovells Aparna Mehra Düsseldorf Marc Custers Shardul Amarchand Mangaldas & Co Loyens & Loeff Sebastian Hack New Delhi Amsterdam Osborne Clarke Rahul Rai Cologne Bart de Rijke AZB & Partners De Brauw Blackstone Westbroek Julius Hasse Mumbai Amsterdam/Brussels Freshfields Bruckhaus Deringer Kalyani Singh Berlin Maikel van Wissen Chandhiok & Associates Linklaters Tilman Kuhn New Delhi Amsterdam White & Case Yaman Verma Düsseldorf/Brussels Marc Wiggers Shardul Amarchand Mangaldas & Co Loyens & Loeff New Delhi Amsterdam
36 EXPERT GUIDES RISING STARS EXPERT LISTINGS COMPETITION AND ANTITRUST
POLAND SOUTH KOREA UKRAINE Anna Gulinska In Seon Choi Maksym Nazarenko Dentons Yulchon Sayenko Kharenko Warsaw Seoul Kyiv
Radoslaw Pawluk Suruyn Kim Greenberg Traurig Grzesiak Lee & Ko Warsaw Seoul UNITED KINGDOM Hemi Lee Kim & Chang Nicola Chesaites PORTUGAL Seoul Quinn Emanuel Urquhart & Sullivan Cláudia Coutinho da Costa London VdA Vieira de Almeida Gabriela R Da Costa Lisbon SPAIN K&L Gates Joaquín Hervada London DLA Piper Christophe Humpe ROMANIA Madrid Macfarlanes Cristina de Jonge London bpv Grigorescu Stefanica Bucharest SWEDEN David R Little Cleary Gottlieb Steen & Hamilton Emil Fahlén-Godö London SINGAPORE Bokwall Rislund Stockholm Jennifer Storey Lip Hang Poh Clifford Chance Osborne Clarke London Singapore SWITZERLAND William Turtle Frank Bremer Slaughter and May Lenz & Staehelin London SLOVAK Zürich REPUBLIC Lena Vanmali Andreas Burger Freshfields Bruckhaus Deringer Juraj Gyarfas Homburger London Allen & Overy Zürich Bratislava Thomas S Wilson Gion Giger Kirkland & Ellis Walder Wyss London SOUTH AFRICA Zürich Rosalind Lake Michael Tschudin Norton Rose Fulbright Wenger & Vieli UNITED STATES Durban Zürich Nathaniel L Asker Fried Frank Harris Shriver & Jacobson Neil MacKenzie New York Fasken Martineau DuMoulin UKRAINE Johannesburg Franco Castelli See bio Valentyna Hvozd Wachtell Lipton Rosen & Katz Mmadika Moloi Sayenko Kharenko New York Webber Wentzel Kyiv Johannesburg Richard H Cunningham Gibson Dunn & Crutcher Lerisha Naidu Denver Baker McKenzie Johannesburg Margaret Segall D’Amico Cravath Swaine & Moore New York
RISING STARS EXPERT GUIDES 37 COMPETITION AND ANTITRUST EXPERT LISTINGS
UNITED STATES Rani A Habash Dechert Washington DC
Karen Kazmerzak Sidley Austin Washington DC
Brianne L Kucerik Weil Gotshal & Manges Washington DC
Douglas Litvack Davis Wright Tremaine Washington DC
Kate Mitchell-Tombras Covington & Burling Washington DC
Michael Perry Baker Botts Washington DC
Katherine A Rocco Kirkland & Ellis New York
Simone L F Waterbury Ropes & Gray Boston
38 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
CONSTRUCTION
Australia 40 Hong Kong SAR 40 South Korea 40 Austria 40 Netherlands 40 United Arab Emirates 40 Finland 40 Poland 40 United Kingdom 40 France 40 Singapore 40 United States 40 Germany 40 South Africa 40
RISING STARS EXPERT GUIDES 39 CONSTRUCTION EXPERT LISTINGS
AUSTRALIA HONG KONG UNITED ARAB Paul Brickley SAR EMIRATES Corrs Chambers Westgarth Alvin Ho Dean Ryburn Melbourne Pinsent Masons Dentons Sinead Brickley Hong Kong Dubai MolinoCahill Lawyers Elliott Sawford Melbourne NETHERLANDS Allen & Overy Stella Guettinger Dubai Corrs Chambers Westgarth Sander van den Boogaart Melboune Houthoff Rotterdam UNITED Tom Heading Pinsent Masons KINGDOM Melbourne POLAND Edward Colclough Fenwick Elliott Krista Payne Michal Bork London Ashurst CMS Cameron McKenna Nabarro Sydney Olswang Zoe de Courcy Arbiser Warsaw George Varma Pinsent Masons Pinsent Masons London Perth SINGAPORE Rebecca Drake 39 Essex Chambers Thea Raman London AUSTRIA Rajah & Tann Singapore Nicola J Ellis Constantin Benes K&L Gates Schönherr Chen Han Toh London Vienna Pinsent Masons Singapore Rupa Lakha Charles Russell Speechlys FINLAND London Mika Karppinen SOUTH AFRICA Raeesa Rawal Hannes Snellman Christopher Picas Debevoise & Plimpton Helsinki Fasken Martineau DuMoulin London Johannesburg FRANCE UNITED STATES Florian Quintard SOUTH KOREA Tray Batcher Pinsent Masons Ara Cho Cotney Construction Law Paris Bae Kim & Lee Tampa Seoul Rowan T Mason Jones Day GERMANY San Francisco Alyson Eather UNITED ARAB DLA Piper EMIRATES Perth Bevan Farmer Addleshaw Goddard Dubai
Anna Gee Bryan Cave Leighton Paisner Abu Dhabi
40 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
CORPORATE /M&A/ PRIVATE EQUITY
Angola 43 Finland 43 Russia 43 Argentina 43 Germany 43 Serbia 43 Australia 43 Jordan 43 Singapore 43 Canada 43 Luxembourg 43 Switzerland 42 China 43 Peru 43 United Arab Emirates 43 Denmark 43 Poland 43 United Kingdom 43 Egypt 43 Portugal 43 United States 42, 44
RISING STARS EXPERT GUIDES 41 CORPORATE/M&A/PRIVATE EQUITY ATTORNEY BIOGRAPHIES
S W I T Z E R L A N D U N I T E D S TAT E S
Adriano Antonietti John L Robinson Walder Wyss Wachtell, Lipton, Rosen & Katz Rue d’Italie 10 51 West 52nd Street P.O. Box New York 10019 1211 Geneva 3 US Switzerland Tel: (1) 212 403 1056 Tel: (41) 58 658 30 13 Email: [email protected] Email: [email protected] Website: www.walderwyss.com Website: www.wlrk.com
Adriano Antonietti advises domestic and foreign banking and financial John L Robinson is a partner at Wachtell, Lipton, Rosen & Katz. He institutions, as well as collective investment schemes and asset focuses on mergers and acquisitions, corporate governance and managers on a wide range of matters, in particular regulatory issues, general corporate and securities matters. John’s practice has included a private placements, the drafting of banking contracts and certain tax wide range of matters, including cross-border and domestic related matters (FATCA, CRS). He also defends banks and their clients acquisitions and divestitures, joint ventures, carve-outs and private in a number of disputes and deals with all aspects of corporate and equity transactions. He also advises companies on takeover defense commercial law. His main fields include financial products and and in responding to shareholder activism and proxy contests. services, including regulatory aspects, as well as corporate and commercial matters. John received his A.B. in economics summa cum laude from Dartmouth College, where he was a Rufus Choate Scholar. He received Adriano Antonietti speaks French, English, German, and Italian. He his J.D. with distinction from Stanford Law School, where he was a also has some fair knowledge of Russian. He is registered with the senior editor of the Stanford Law Review and a member of the Stanford Geneva Bar Registry and admitted to practice in all Switzerland since Journal of Law, Business and Finance. 2008. Prior to law school, John worked as an associate consultant at the business strategy consulting firm L.E.K. Consulting LLP, in its Boston and Paris offices.
42 EXPERT GUIDES RISING STARS EXPERT LISTINGS CORPORATE/M&A/PRIVATE EQUITY
ANGOLA GERMANY SERBIA João Bravo da Costga Dominik Moser Vojimir Kurtic BCSA Advogados Morrison & Foerster Moravcevic Vojnovic and Partners Luanda Berlin Belgrade
Alexander Stefan Rieger Hogan Lovells ARGENTINA Frankfurt am Main SINGAPORE Exequiel H Buenaventura Mark Nam Bruchou Fernández Madero & Lombardi Allen & Overy Buenos Aires JORDAN Singapore Zeina Al Nabih Al Tamimi & Co AUSTRALIA Amman SWITZERLAND Christopher Blane Adriano Antonietti See bio Allens Walder Wyss Sydney LUXEMBOURG Geneva Alexander Koch Andrea Giger Hogan Lovells Niederer Kraft Frey CANADA Luxembourg Zürich Michael Hickey Blake Cassels & Graydon Andreas Hinsen Toronto Loyens & Loeff PERU Zürich Uldarico Ossio Seminario Estudio Echecopar Daniel Raun CHINA Lima Bär & Karrer Gavin Guo Zürich Héctor Zegarra Fredrikson & Byron Stefan Scherrer Shanghai/Beijing Garrigues Lima BianchiSchwald Zürich DENMARK Mona Stephenson POLAND Meyerlustenberger Lachenal Martin Allan Christensen Geneva Bech-Bruun Slawomir Czerwinski Copenhagen Clifford Chance Marco Toni Warsaw Loyens & Loeff Zürich EGYPT PORTUGAL Omar Sherif Shalakany Law Office Raquel Azevedo UNITED ARAB Cairo PLMJ Lisbon EMIRATES Gareth Dray Rúben Brigolas Clifford Chance FINLAND PLMJ Dubai Ilkka Osanen Lisbon Itäinen & Ojantakanen Attorneys Helsinki UNITED RUSSIA KINGDOM Anthony Walker Freshfields Bruckhaus Deringer Tom Bartram Moscow Kirkland & Ellis London
RISING STARS EXPERT GUIDES 43 CORPORATE/M&A/PRIVATE EQUITY EXPERT LISTINGS
UNITED KINGDOM Adam Runcorn Sidley Austin London
Christopher Winn Dentons London
UNITED STATES Marwan Azzi White & Case New York
Matthew A Greenberg Vinson & Elkins Houston
Luke E Laumann White & Case New York
Frank Lupinacci White & Case New York
John L Robinson See bio Wachtell Lipton Rosen & Katz New York
44 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
ENERGY AND NATURAL RESOURCES
Australia 46 Hong Kong SAR 46 Ukraine 46 Belgium 46 Mexico 46 United Arab Emirates 46 Canada 46 Portugal 46 United Kingdom 46 China 46 Singapore 46 United States 46 Germany 46 Spain 46
RISING STARS EXPERT GUIDES 45 ENERGY AND NATURAL RESOURCES EXPERT LISTINGS
AUSTRALIA HONG KONG UNITED Jackson Allen SAR KINGDOM Allen & Overy Nicholas A Molan Nicholas Antonas Perth Dechert Akin Gump Strauss Hauer & Feld Sinead Brickley Hong Kong London MolinoCahill Lawyers Emily Barlass Melbourne MEXICO Vinson & Elkins Joanne Steer London DLA Piper Carlos Maass Porras Matthew Stott Perth Baker McKenzie Juárez Orrick Herrington & Sutcliffe George Varma London Pinsent Masons Perth PORTUGAL UNITED STATES Catarina Brito Ferreira BELGIUM MLGTS Alan J Alexander Lisbon Vinson & Elkins Bram Delvaux Houston Eubelius Ana Oliveira Rocha Stephanie H Coco Antwerp PLMJ Lisbon Vinson & Elkins Houston CANADA Louise Gibbons SINGAPORE Orrick Herrington & Sutcliffe Peter Danner San Francisco Torys Simon Cowled Calgary King & Spalding Daniel J Hatch Singapore Vinson & Elkins Calro Hunt Houston Torys Calgary SPAIN Olga Kobzar Scott Douglass & McConnico Ashley Weldon María José Descalzo Austin Burnet Duckworth & Palmer Uría Menéndez Calgary Madrid Danielle Mangrum Patterson Vinson & Elkins David Antón Houston CHINA Hogan Lovells Madrid Emilie J McNally Zhaohui Li McGuireWoods Dechert Richmond Beijing UKRAINE Samuel Porter Maksym Sysoiev McGuireWoods GERMANY Dentons Austin/New York Kyiv Markus Böhme Sabina D Walia Taylor Wessing Caldwell Boudreaux Lefler Düsseldorf UNITED ARAB Houston Jörg Meinzenbach EMIRATES Hengeler Mueller Düsseldorf Kimberly Kapesi-Miller Allen & Overy Abu Dhabi
46 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
ENVIRONMENT
Brazil 48 Netherlands 48 Spain 48 United Kingdom 48 United States 48
RISING STARS EXPERT GUIDES 47 ENVIRONMENT EXPERT LISTINGS
BRAZIL Maria Gueorguiev Pinheiro Neto Advogados São Paulo
Iris Manor Siqueira Castro - Advogados São Paulo
NETHERLANDS Anna Collignon Stibbe Amsterdam
SPAIN Jesús Andrés Sedano Uría Menéndez Madrid
UNITED KINGDOM Adam Hedley Reed Smith London
UNITED STATES Margaret E Peloso Vinson & Elkins Washington DC
Stacey L VanBelleghem Latham & Watkins Washington DC
48 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
INSURANCE AND REINSURANCE
Australia 50 Canada 50 France 50 Germany 50 India 50 Netherlands 50 Peru 50 Spain 50 United Kingdom 50 United States 50
RISING STARS EXPERT GUIDES 49 INSURANCE AND REINSURANCE EXPERT LISTINGS
AUSTRALIA PERU Christian Breen Gabriel Loli León Barry.Nilsson. Osterling Abogados Sydney Lima
Dearne Matheson Wotton + Kearney Sydney SPAIN Virginia Martinez Lucy Terracall Hogan Lovells Clayton Utz Madrid Melbourne
CANADA UNITED KINGDOM Avi Sharabi Stieber Berlach Ciara Jackson Toronto HFW London
Thomas Pangbourne FRANCE CMS Cameron McKenna Nabarro Nicolas Bouckaert Olswang Kennedys London Paris Sam Tacey Cooley GERMANY London Alaina Wadsworth Anne Fischer CMS Cameron McKenna Nabarro Allen & Overy Olswang Düsseldorf London Carsten Hösker BLD Bach Langheid Dallmayr Cologne UNITED STATES Martin Karwatzki Tamara D Bruno Heuking Kühn Lüer Wojtek Pillsbury Winthrop Shaw Pittman Cologne Houston Jason B Lissy Jones Day INDIA New York Ashish Teni Neil Thomson Shardul Amarchand Mangaldas & Co White and Williams New Delhi New York NETHERLANDS Patrick R van der Vorst VanNiekerkCieremans Rotterdam
50 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
INTERNATIONAL TRADE
Australia 52 Belgium 52 Canada 52 Germany 52 India 52 Russia 52 United States 52
RISING STARS EXPERT GUIDES 51 INTERNATIONAL TRADE EXPERT LISTINGS
AUSTRALIA INDIA Alistair Bridges Ambarish Sathianathan Moulis Legal Economic Laws Practice Sydney Mumbai
BELGIUM RUSSIA Yongqing Bao Alexey Karchiomov Steptoe Egorov Puginsky Afanasiev & Partners Brussels St Petersburg
Yohan Benizri Sidley Austin Brussels UNITED STATES Laura El-Sabaawi Joris Cornelis Wiley Rein VVGB Advocaten Washington DC Brussels Jennifer Horvath Ángel Givaja Sanz Braumiller Law Group Garrigues Dallas Brussels Yujin Kim McNamara Maria Maria Krestiyanova Akin Gump Strauss Hauer & Feld Dentons Washington DC Brussels Inessa Owens Eva Monard Baker McKenzie Jones Day Washington DC Brussels Sarah E Shulman Nicoleta Tuominen Cassidy Levy Kent Dentons Washington DC Brussels Dave Townsend Dorsey & Whitney CANADA Minneapolis/Washington DC Drew Tyler Conlin Bedard Vancouver
GERMANY Katja Göcke GvW Graf von Westphalen Hamburg
Sarah Jaus BLOMSTEIN Berlin
Florian Wolf BLOMSTEIN Berlin
52 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
INVESTMENT FUNDS
Hong Kong SAR 54 Netherlands 54 Singapore 54 United Arab Emirates 54 United Kingdom 54 United States 54
RISING STARS EXPERT GUIDES 53 INVESTMENT FUNDS EXPERT LISTINGS
HONG KONG UNITED STATES SAR Simon M Saddleton Sidley Austin Joy Lam Chicago Sidley Austin Hong Kong
NETHERLANDS Tim de Wit FINNIUS Amsterdam
SINGAPORE Reina Chua Sidley Austin Singapore
Zixiang Sun Simmons & Simmons JWS Singapore
UNITED ARAB EMIRATES Carolyn J D Abram Morgan Lewis & Bockius Dubai
UNITED KINGDOM James Board Kirkland & Ellis London
Robert Nield Sidley Austin London
Jeremy Pickles Hogan Lovells London
UNITED STATES Stephanie A Capistrom Dechert Boston
Parker B Kelsey Simpson Thacher & Bartlett New York
54 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
LABOUR AND EMPLOYMENT
France 57 Italy 57 Norway 57 Sweden 57 Switzerland 56 United Kingdom 57
RISING STARS EXPERT GUIDES 55 LABOUR AND EMPLOYMENT ATTORNEY BIOGRAPHIES
S W I T Z E R L A N D
Anne Roux-Fouillet Schellenberg Wittmer Ltd 15bis, rue des Alpes / P.O. Box 2088 1211 Geneva 1 Switzerland Tel: (41) 22 707 8000 Email: [email protected] Website: www.swlegal.ch
Anne Roux-Fouillet is a senior associate in the employment law group of Schellenberg Wittmer in Geneva. She has considerable experience in representing clients before labour courts and advising them on all employment law matters including employment contracts, employee regulations, remuneration and bonus schemes, termination of employment contracts, termination agreements, discrimination issues and business transfers. Her practice areas also include social security matters, and civil and commercial litigation.
Anne graduated from the Universities of Geneva and Zurich. She was admitted to the Geneva Bar in 2008. From 2009 to 2010, she worked for an insurance company, where she gained valuable experience in employment law. In 2011, she studied for a semester at the National University of Singapore and she then joined Schellenberg Wittmer. Anne became a Swiss Bar Association-certified specialist in employment law in 2016.
Anne is a member of the Geneva Bar Association, the West Switzerland Association of Employment Law Specialists and the International Association of Young Lawyers (AIJA). She also authors publications and speaks in her fields of specialization.
56 EXPERT GUIDES RISING STARS EXPERT LISTINGS LABOUR AND EMPLOYMENT
FRANCE Marion Brière Ségala FRANKLIN Paris
ITALY Claudia Marasciuolo LABLAW Milan
NORWAY Agathe Løwenborg Arntzen de Besche Oslo
SWEDEN Dino Kalamujic DLA Piper Stockholm
Johan Zetterström Baker McKenzie Stockholm
SWITZERLAND Anne Roux-Fouillet See bio Schellenberg Wittmer Geneva
UNITED KINGDOM Ruth Buchanan Ashurst London
Annabel Mackay Baker McKenzie London
RISING STARS EXPERT GUIDES 57 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
LIFE SCIENCES
Belgium 59 France 59 South Africa 59 Brazil 59 Germany 59 Sweden 59 Canada 59 Poland 59 United Kingdom 59 Denmark 59 Russia 59 United States 59
58 EXPERT GUIDES RISING STARS EXPERT LISTINGS LIFE SCIENCES
BELGIUM POLAND UNITED STATES Kirian Claeyé Magdalena Bakowska Michael J Schubert Altius Hogan Lovells Leydig Voit & Mayer Brussels Warsaw Chicago
Jurgen Figys Marta Gadomska-Golab Alexander Varond Crowell & Moring Eversheds Sutherland Goodwin Brussels Warsaw Washington DC
Anna Pavlou Sidley Austin Brussels RUSSIA Sergei Lomakin Fabien Roy Baker McKenzie Hogan Lovells Moscow Brussels
Josefine Sommer Sidley Austin SOUTH AFRICA Brussels Chyreene Truluck Koen T’Syen Spoor & Fisher Van Bael & Bellis Pretoria Brussels SWEDEN BRAZIL Hugo Norlén Marco Aurélio Torronteguy Lindahl TozziniFreire Advogados Uppsala São Paulo UNITED CANADA KINGDOM Jeffrey Coles Jennifer Antcliff Gowling WLG Carpmaels & Ransford Ottawa London
Emma Fulton DENMARK Hogan Lovells London Mette Hygum Clausen Plesner David Lancaster Copenhagen Pinsent Masons London
Daniel Lim FRANCE Kirkland & Ellis Charles-Henri Caron London Hogan Lovells Paris UNITED STATES Angela Follett GERMANY Fish & Richardson Stephan Neuhaus Minneapolis Hogan Lovells Düsseldorf
RISING STARS EXPERT GUIDES 59 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
LITIGATION
Chile 62 Hong Kong SAR 62 Switzerland 61 France 62 New Zealand 62 United Kingdom 62 Germany 62 Portugal 62 United States 61
60 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES LITIGATION
S W I T Z E R L A N D U N I T E D S TAT E S
Louis Burrus Kevin S Schwartz Schellenberg Wittmer Ltd Wachtell, Lipton, Rosen & Katz 15bis, rue des Alpes / P.O. Box 2088 51 West 52nd Street 1211 Geneva 1 New York 10019 Switzerland US Tel: (41) 22 707 8000 Tel: (1) 212 403 1062 Email: [email protected] Email: [email protected] Website: www.swlegal.ch Website: www.wlrk.com
Louis Burrus (dual-qualified in both Switzerland and in England and Kevin Schwartz is a partner in the Litigation Department of Wachtell, Wales) (solicitor of the Senior Courts) is a partner in Schellenberg Lipton, Rosen & Katz. He is also Chair of the Judiciary Committee of Wittmer’s dispute resolution group, based in Geneva. He specializes in the New York City Bar Association and a Visiting Lecturer in Law at Yale domestic and international commercial litigation, in particular in Law School, where he teaches an advanced Corporate Litigation banking and financial disputes. He has extensive experience in Seminar. conducting cross-border corporate internal investigations, including white-collar matters, and regularly represents companies and Mr Schwartz’s practice includes corporate, commercial, and securities individuals before Swiss and foreign authorities. litigation at both the trial and appellate levels, as well as a variety of regulatory and corporate governance matters. He has worked on a Louis’s recent expertise in litigation matters include: Acting as lead number of the firm’s high-profile matters, including mergers-and- counsel to an international private banking group on all litigation acquisitions litigation in the courts of Delaware and other complex aspects related to an acquisition of another large bank; Representation litigation in courts around the country. of a large transport company before the Swiss courts in the context of several court litigations initiated by a former shareholder; and In addition, Mr Schwartz has worked on a number of pro bono matters assistance to a large international bank in the context of a large on- important to New York State. As part of the team led by former White going litigation before the courts of the Southern District of New York House Counsel Bernard Nussbaum, Mr Schwartz represented the New (SDNY). York Judiciary in historic constitutional litigation over the State of New York’s extended failure to adjust judicial salaries. He represented the In 2017, Global Investigations Review (GIR) recognized Louis as one Partnership for New York City and the Bar Association of the City of of the world’s top investigations lawyers under the age of 40. New York as amici curiae before the Court of Appeals and the Supreme Court of the United States, including in the landmark case in which the Louis has a strong expertise and understanding of the use of Supreme Court struck down the Defense of Marriage Act. On a special technology in litigation matters (in particular e-discovery, analytics task force created by the Chief Judge of New York, Mr Schwartz served tool, predictive coding, etc.). As a Board advisory member of the Swiss as legal advisor to the task force co-chairs Judith Kaye, the former Chief LegalTech Association, Louis is additionally recognized as an industry Judge of New York, and Martin Lipton, to reform the Commercial specialist in supporting the legal industry with a better understanding Division of the New York Supreme Court. He was also a Rockefeller of the legal technology market. He is regularly invited to speak as the Fellow for the Partnership for New York City, and is now a legal advisor consultative voice on matters related to technology and the legal to the Partnership Innovation Council, a panel of business leaders profession. committed to ensuring that New York’s legal and regulatory environment keeps pace with the technological revolution transforming Louis has been a partner at Schellenberg Wittmer since 2016. business and the economy.
As Chair of the 140-year-old Judiciary Committee of the NYC Bar Association, Mr Schwartz leads a committee of 50 lawyers in reviewing and interviewing every judicial nominee for all state and federal courts based in NYC, as well as candidates for District Attorney in the five boroughs and nominees for U.S. Attorney for the Southern and Eastern Districts of New York. Mr Schwartz also serves on the Council on Judicial Administration, which coordinates the work of the City Bar committees addressing issues that concern the state and federal courts. He previously served as secretary of both the Judiciary Committee and the Council on Criminal Justice.
Mr Schwartz received his B.A. from Harvard College and was awarded the Sophia Freund Prize as the top-ranked summa cum laude graduate. He earned his M.B.A. and Ph.D. from Oxford University as a Marshall Scholar, received his J.D. from Yale Law School, and previously served as a Lecturer on the Political Science Department Faculty of Yale University. Mr Schwartz served as a law clerk to Justice Ruth Bader Ginsburg on the Supreme Court of the United States and to Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit.
RISING STARS EXPERT GUIDES 61 LITIGATION EXPERT LISTINGS
CHILE SWITZERLAND Jorge Boldt Roman Baechler Cariola Díez Pérez-Cotapos Homburger Santiago Zürich
Pablo Correa Louis Burrus See bio Ugarte Ried y Correa Schellenberg Wittmer Santiago Geneva
Garen Ucari Poncet Turrettini FRANCE Geneva Alexandre Bisch Debevoise & Plimpton Paris UNITED Delphine Dendievel KINGDOM Allen & Overy Shail Patel Paris 4 New Square Lisa Janaszewicz London Bougartchev Moyne Associés Paris UNITED STATES Rachel Brook GERMANY Walden Macht & Haran Nicolas Nohlen New York Ashurst Dean Lindsay Chapman Jr Frankfurt am Main Akin Gump Strauss Hauer & Feld New York HONG KONG Susannah Geltman Simpson Thacher & Bartlett SAR New York Anita Fong Norton Rose Fulbright Kevin S Schwartz See bio Hong Kong Wachtell Lipton Rosen & Katz New York
Jonathan Wilkerson NEW ZEALAND The Lanier Law Firm Joe Edwards Houston Russell McVeagh Auckland
PORTUGAL Diogo Pereira CMS Rui Pena & Arnaut Lisbon
62 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
PATENTS
Belgium 65 Israel 65 Russia 65 Canada 65 Italy 65 United Kingdom 65 Germany 64 Netherlands 65 United States 65
RISING STARS EXPERT GUIDES 63 PATENTS ATTORNEY BIOGRAPHIES
G E R M A N Y
Mirko Weinert HOYNG ROKH MONEGIER Steinstrasse 20 40212 Düsseldorf Germany Tel: (49) 211 550 220 E: [email protected] Website: www.hoyngrokhmonegier.com
Mirko Weinert has worked as an attorney since 2007 and specializes in national and multi-national patent litigation. He has gained extensive experience in all matters relating to intellectual property rights with a technical background, as well as other areas of intellectual property law. He particularly advises clients in the technical areas of telecommunications, information technology, pharmaceuticals, medical devices and mechanics.
Before becoming an attorney, Mirko worked as a research fellow at the Johann Wolfgang Goethe University in Frankfurt am Main (Prof. Dr. Zekoll, LL.M.) where he extended his expertise in procedural law and earned his PhD in 2006 with a thesis on interlocutory remedies.
Mirko is visiting lecturer for patent law at the law faculty of the Johann Wolfgang Goethe University Frankfurt am Main and visiting lecturer for the law on licence contracts at the Heinrich-Heine University Düsseldorf. In addition, he also speaks at conferences on patent law.
64 EXPERT GUIDES RISING STARS EXPERT LISTINGS PATENTS
BELGIUM ITALY UNITED Kristof Neefs Elisabetta Bandera KINGDOM Inteo Bird & Bird Kathy Harford Brussels Milan Arnold & Porter London CANADA NETHERLANDS Simon Llewellyn Carpmaels & Ransford Daniel Davies Tjibbe Douma London Smart & Biggar/Fetherstonhaugh Dentons Boekel Ottawa Amsterdam Annsley Merelle Ward Bristows Paul den Boef Jelle Drok London Smart & Biggar/Fetherstonhaugh Freshfields Bruckhaus Deringer Ottawa Amsterdam Ryan T Evans Ruben Laddé UNITED STATES DLA Piper Freshfields Bruckhaus Deringer Sparkle T Ellison Toronto Amsterdam Boulware & Valoir Jean-Charles Grégoire Dirk-Jan Ridderinkhof Houston Marks & Clerk Hogan Lovells Ryan M Hubbard Ottawa Amsterdam Kirkland & Ellis Patrick Laycock Carlos van Staveren Chicago Parlee McLaws De Brauw Blackstone Westbroek Ken D Kumayama Edmonton Amsterdam Skadden Arps Slate Meagher & Flom Jeff Leuschner Palo Alto Smart & Biggar/Fetherstonhaugh Cosmin Maier Ottawa RUSSIA Desmarais Alexey Mikhailov New York Mark Starzomski Patentus Smart & Biggar/Fetherstonhaugh Moscow Hari Santhanam Ottawa Kirkland & Ellis Chicago UNITED GERMANY Amit H Thakore KINGDOM White & Case Bolko Ehlgen New York Linklaters Paul A Abbott Frankfurt am Main Freshfields Bruckhaus Deringer London Peter Koch Pinsent Masons Isobel Barry Munich Carpmaels & Ransford London Stephan Neuhaus Hogan Lovells Peter Damerell Düsseldorf Powell Gilbert London Mirko Weinert See bio Hoyng Rokh Monegier Emma Fulton Düsseldorf Hogan Lovells London ISRAEL Uri Fruchtman Liad Whatstein & Co Tel Aviv
RISING STARS EXPERT GUIDES 65 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
PRIVACY AND DATA PROTECTION
Austria 67 Belgium 67 Germany 67 Hong Kong SAR 67 Netherlands 67 Poland 67 United Kingdom 67 United States 67
66 EXPERT GUIDES RISING STARS EXPERT LISTINGS PRIVACY AND DATA PROTECTION
AUSTRIA UNITED Lukas Feiler KINGDOM Diwok Hermann Petsche Rechtsanwälte Hannah Crowther Vienna Bristows London BELGIUM Thibaut D’hulst UNITED STATES Van Bael & Bellis Brittany M Bacon Brussels Hunton Andrews Kurth Alja Poler De Zwart New York Morrison & Foerster Melissa M Crespo Brussels Morrison & Foerster Takeshige Sugimoto New York Bird & Bird Kate M Growley Brussels Crowell & Moring Washington DC GERMANY Xiaoyan Zhang Reed Smith Jan Spittka San Francisco DLA Piper Cologne
HONG KONG SAR Clarice Yue Bird & Bird Hong Kong
NETHERLANDS Joke Bodewits Hogan Lovells Amsterdam
Jan Brölmann Van Benthem & Keulen Amsterdam
Chantal van Dam Hogan Lovells Amsterdam
POLAND Marcin Lewoszeski Kobylanska & Lewoszewski Warsaw
RISING STARS EXPERT GUIDES 67 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
PRODUCT LIABILITY
Australia 69 Canada 69 Germany 69 Netherlands 69 Spain 69 United Kingdom 69 United States 69
68 EXPERT GUIDES RISING STARS EXPERT LISTINGS PRODUCT LIABILITY
AUSTRALIA Richard Abraham Clayton Utz Sydney
CANADA Nicole Henderson Blake Cassels & Graydon Toronto
GERMANY Tobias Ackerman Hogan Lovells Munich
NETHERLANDS Karen Jelsma Hogan Lovells Amsterdam
SPAIN Margarita Morales Hogan Lovells Madrid
UNITED KINGDOM Sarah-Jane Doson Cooley London
Matthew Felwick Hogan Lovells London
UNITED STATES Natassia Kwan Greenberg Traurig San Francisco
RISING STARS EXPERT GUIDES 69 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
PROJECT FINANCE
Brazil 71 Germany 71 Japan 71 Singapore 71 Spain 71 United Arab Emirates 71 United Kingdom 71 United States 71
70 EXPERT GUIDES RISING STARS EXPERT LISTINGS PROJECT FINANCE
BRAZIL UNITED STATES Pedro Henrique Jardim Eamon T P Nolan Machado Meyer Advogados Vinson & Elkins São Paulo New York
Clark Wohlferd White & Case GERMANY New York Martin Eimer Pinsent Masons Munich
JAPAN Shigeki Okatani Mori Hamada & Matsumoto Tokyo
SINGAPORE Danielle Delbridge Clifford Chance Singapore
SPAIN Eugenio Fernández-Rico Clifford Chance Madrid
UNITED ARAB EMIRATES Adite Aloke Afridi & Angell Dubai
UNITED KINGDOM Ilia Ditiatev Linklaters London
Rob Butler Baker Botts London
RISING STARS EXPERT GUIDES 71 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
REAL ESTATE
Australia 74 Malaysia 74 Sweden 74 Canada 74 New Zealand 74 Switzerland 73 Czech Republic 74 Poland 74 United Kingdom 74 Finland 74 Portugal 74 United States 74 France 74 Russia 74 Germany 74 Spain 74
72 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES REAL ESTATE
S W I T Z E R L A N D
Christian Eichenberger Walder Wyss Ltd Seefeldstrasse 123 P.O. Box 8034 Zürich Switzerland Tel: (41) 44 396 91 91 E: [email protected] Website: www.walderwyss.com
Christian Eichenberger is counsel in the real estate team. He focuses on real estate transactions, real estate development and real estate dispute resolution. He has acted in major transactions concerning the purchase and sale of real estate portfolios (with transaction values of more than 240 million Swiss francs) and was involved in many real estate development projects (the biggest project exceeding a value of 1 billion Swiss francs). In addition to his real estate transaction and real estate development experience, Christian Eichenberger also has extensive experience in real estate dispute resolution with particular expertise in the fields of construction law, planning and zoning law and landlord tenant law. He represents clients in both arbitration proceedings and before Swiss state courts.
Christian Eichenberger studied law at the University of Freiburg i.Ue. (lic. iur., 2001) and the University of Hawai’i at Manõa, William S. Richardson School of Law (LL.M., 2009) and he received a doctorate (PhD; on Swiss notarial laws) from the University of Berne (Dr. iur., 2008, Summa cum laude, Prof. Walther Hug Prize). In 2012 he earned a Master of Advanced Studies in Real Estate at the University of Zürich.
Christian Eichenberger clerked at the Administrative Court of the canton of Zug (2003), worked as an attorney at law and civil-law notary public with two law firms in Zug/Zürich (2004 – 2017) and did a secondment at a global construction supply company (2012). He regularly publishes in his field of expertise and he lectures and teaches at the University of Zürich (Center for Urban and Real Estate Management) as well as at the SVIT Swiss Real Estate School.
Christian Eichenberger speaks German and English. He is registered with the Zürich Bar Registry and qualified as civil-law notary public of the canton of Zug. He is a Professional Member of the Royal Institution of Chartered Surveyors (MRICS).
RISING STARS EXPERT GUIDES 73 REAL ESTATE EXPERT LISTINGS
AUSTRALIA MALAYSIA SPAIN Natalie Bryant Yin Lu Tan Adolfo Guerrero Corrs Chambers Westgarth Shearm Delamore & Co Linklaters Sydney Kuala Lumpur Madrid
CANADA NEW ZEALAND SWEDEN Jeffrey Knowles Tim Bunker Olle Källström McCarthy Tétrault Anthony Harper Mannheimer Swartling Toronto Auckland Stockholm
Allyson Roy Alistair Law Fasken Martineau DuMoulin Anthony Harper Toronto Auckland SWITZERLAND Christian Eichenberger See bio Walder Wyss CZECH POLAND Zürich REPUBLIC Marta Bijak-Haiduk Linklaters Pavel Srb Warsaw UNITED CMS Cameron McKenna Nabarro KINGDOM Olswang Janusz Dzianachowski Prague Linklaters Paul A Alger Warsaw K&L Gates London FINLAND Jacek Jezierski Dentons Tim Regis Leif Laitinen Warsaw Ashurst HPP Attorneys London Helsinki Anna Wi niewska Greenberg Traurig Grzesiak Christopher Somorjay Ville Myllymäki Warsaw Hogan Lovells Aleksandra Attorneys London Helsinki Emma Willoughby PORTUGAL Allen & Overy FRANCE Pedro Corrêa de Oliveira London VdA Vieira de Almeida Payam Yoseflavi Nicolas Bricaire Lisbon De Pardieu Brocas Maffei Bryan Cave Leighton Paisner Paris Pedro Pereira Coutinho London VdA Vieira de Almeida Déborah Gelblat Lisbon Dentons UNITED STATES Paris Ashley E Champion RUSSIA Nixon Peabody GERMANY Anna Krutik Rochester Clifford Chance Lisa A Chaney Sabrina Handke Moscow Hogan Lovells Paul Hastings Munich Daria Plotnikova New York White & Case Noam I Haberman Moscow Gibson Dunn & Crutcher New York
74 EXPERT GUIDES RISING STARS EXPERT LISTINGS REAL ESTATE
UNITED STATES Jocelyn Bush Redman Shearman & Sterling Washington DC/New York
Yaakov Sheinfeld Milbank New York
RISING STARS EXPERT GUIDES 75 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
RESTRUCTURING AND INSOLVENCY
Argentina 77 Canada 77 Finland 77 South Africa 77 Switzerland 77 United Kingdom 77 United States 77
76 EXPERT GUIDES RISING STARS EXPERT LISTINGS RESTRUCTURING AND INSOLVENCY
ARGENTINA UNITED Agustina Torre KINGDOM Zang Bergel & Viñes Ben Davies Buenos Aires White & Case London CANADA Alex Kay Hogan Lovells Caroline Descours London Goodmans Toronto Kathrytn Esaw UNITED STATES Aird & Berlis Andrew G Devore Toronto Ropes & Gray Kyle B Plunkett Boston Aird & Berlis Jennifer Hardy Toronto Willkie Farr & Gallagher Adam M Slavens Houston Torys Keith R Martorana Toronto Gibson Dunn & Crutcher New York FINLAND Sunny Singh Weil Gotshal & Manges Valle-Veikko Eronen New York Krogerus Helsinki
Robert Peldán Borenius Helsinki
Elina Pesonen Castrén & Snellman Helsinki
SOUTH AFRICA Lauren Davids ENSafrica Cape Town
SWITZERLAND Roland Fischer Lenz & Staehelin Zürich
RISING STARS EXPERT GUIDES 77 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
SHIPPING AND MARITIME
Australia 79 Ireland 79 Japan 79 Sweden 79 United Kingdom 79
78 EXPERT GUIDES RISING STARS EXPERT LISTINGS SHIPPING AND MARITIME
AUSTRALIA James M Cooper Clyde & Co Melbourne
IRELAND Hazel Dalton Noble Shipping Law Wicklow
JAPAN Jumpei Osada TMI Associates Tokyo
SWEDEN Ida Dahlborg Wistrand Gothenburg
UNITED KINGDOM Alex Askew Jackson Parton London
Natalia Golovataya Watson Farley & Williams London
Richard Hickey Campbell Johnston Clark London
Fei Mao Ince Gordon Dadds London/Beijing
Antonia Panayides Reed Smith London
Michael Ritter HFW London
RISING STARS EXPERT GUIDES 79 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
STRUCTURED FINANCE AND SECURITISATION
Canada 81 United Kingdom 81 United States 81
80 EXPERT GUIDES RISING STARS EXPERT LISTINGS STRUCTURED FINANCE AND SECURITISATION
CANADA Adam Jackson Blake Cassels & Graydon Toronto
UNITED KINGDOM Helen Jones Freshfields Bruckhaus Deringer London
UNITED STATES Robert Kao Sidley Austin New York
Macey Levington Cleary Gottlieb Steen & Hamilton Washington DC
Stephen M Schauder Schulte Roth & Zabel New York
RISING STARS EXPERT GUIDES 81 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
TAX
Feature for: US, by Julia Ushakova-Stein of Fenwick & West 83
Australia 86 Italy 86 Spain 86 Austria 86 Luxembourg 86 Sweden 86 Germany 86 Netherlands 86 Switzerland 86 Hong Kong SAR 86 Norway 86 United Kingdom 87 Ireland 86 Portugal 86 United States 83, 87
82 EXPERT GUIDES RISING STARS THOUGHT LEADERSHIP TAX
UNITED STATES The Changing Landscape of US Tax Law
Julia Ushakova-Stein Fenwick & West Mountain View
Introduction The international tax provisions of United States tax laws were ex - panded and modified by the Tax Cuts and Jobs Act (“TCJA”), which was signed into law on December 22, 2017. The changes provide for a complicated maze of rules for multinational corporations, by adding to an already quite complex landscape. For the past year and a half US taxpayers and tax practitioners have been acclimating to the new law and quickly trying to absorb the thousands of pages of new Treasury regulations that have been, and are still being, released. Taxpayers have had to perform careful analy - ses of the impacts of TCJA on their international structures, with con - tinued updates needing to be made as more Treasury regulations are released.
International Tax Changes Although some changes were well received, such as the lowering of the corporate income tax rate from 35 percent to 21 percent and elimina - tion of the corporate alternative minimum tax (AMT), some interna - tem to a “territorial” tax system with tax-free repatriation of foreign tional tax provisions resulted in much angst, including the tax on profits under section 245A, which as noted is generally limited to “global intangible low-taxed income” (GILTI) discussed below. While amounts that would not have otherwise been taxed in the United the TCJA was being publicized as a change to a territorial tax system States as subpart F income or GILTI. The transition tax generally re - due to the inclusion of a participation-based exception in the new US sulted in a one-time immediate tax on previously deferred offshore Internal Revenue Code section 245A, it really introduced a worldwide earnings of US taxpayers. tax system with foreign subsidiaries’ earnings being subject to a US While the transition tax amounts were already due, virtually all minimum tax. US companies had an inclusion that was required taxpayers elected to pay them in installments. Certain transactions, under section 965 (the transition tax) and will continue to have inclu - including the sale of assets of the US taxpayer, can trigger an accelera - sions under GILTI and subpart F. tion of these installments and, thus, an immediate inclusion of the The Treasury and IRS have been active in section 965 liability. However, an agreement releasing regulations, with most being related can be entered into to allow for the continua - to the TCJA and some being published as a tion of the installment payment treatment. As result of the IRS’s overall approach of de - THE INTERNATIONAL TAX a result, it is important to identify situations creasing and updating pre-TCJA regulations. LANDSCAPE…CONTINUES when a section 965 liability may be triggered, Each set of regulations has its own effective such as a liability of a target prior to a merger, date rules. The intricacies of effective dates TO CHANGE WITH THE so an agreement can be timely entered into to adds to the complexity of analyzing the inter - CONTINUED RELEASE OF avoid an immediate lump-sum inclusion. play of various regulations. PROPOSED AND FINAL GILTI One-Time Transition Tax TREASURY REGULATIONS The TCJA includes a new section 951A that One of the TCJA provisions that resulted in ALMOST ON A WEEKLY requires a US shareholder to include in its in - immediate impact was the amendment of come as GILTI income of a CFC that exceeds section 965, the transition tax. The transition BASIS a certain return on tangible assets. GILTI is tax was intended to transition the US tax sys - subject to a reduced effective tax rate of 10.5
RISING STARS EXPERT GUIDES 83 TAX THOUGHT LEADERSHIP
UNITED STATES percent with an allowance for foreign tax credits, although the foreign percent ownership overlap, for which the taxpayer can take a current tax credit rules have become somewhat complicated under proposed deduction and deductions for amortization or depreciation allowable Treasury regulations. The included income, or tested income, is to a taxpayer from a purchase of property from a foreign related party. treated as subpart F income and is deemed to be currently distributed The proposed Treasury regulations define “purchase” in a very broad to a CFC’s 10 percent US shareholders. manner to include deemed stock payments for property in otherwise As a result of this change to the TCJA, generally much of a CFC’s in - tax-free transactions such as a section 351 capital contribution by a come is currently included by a US corporate holder either as subpart F shareholder who owns 100 percent of the foreign corporation and in a or GILTI, with little, if any, being subject to the dividends received de - section 368 tax-free reorganization. As a result, multinational corpo - duction under section 245A unless the CFC has a lot of tangible assets. rations need to consider any BEAT impacts of internal restructurings or post-acquisition reorganizations that prior to the TCJA might have An Export Incentive been standard practice. The TCJA includes a new code section that results in a taxable rate of approximately 13.125 percent, rather than 21 percent, on foreign de - Business Interest Deduction Limitation rived intangible income (“FDII”). FDII is generally foreign source in - Changing to conform with many European countries, the TCJA in - come earned by a domestic US corporation from selling property to a cludes a new section 163(j) that limits annual business interest de - foreign person for foreign use or from providing services to persons ductions to 30 percent of a US taxpayer’s adjusted taxable income located outside of the United States or with respect to property lo - (ATI). The proposed Treasury regulations that were released in cated outside of the United States. Notably, this export incentive is November 2018 address two important key questions: (1) whether limited by the domestic corporation’s taxable income. and how section 163(j) applies to CFCs’ tested income and subpart F The proposed Treasury regulations that were released in March income, and (2) how inclusions from CFCs affect a US corporation’s 2019 provide that FDII can only be taken advantage of if numerous section 163(j) limitation. The proposed regulations generally provide documentation requirements are met by the domestic corporation. As that a CFC is subject to section 163(j) when computing its tested in - a result, any domestic corporations with foreign activities that qualify come and subpart F income. In addition, the proposed regulations for the FDII deduction should carefully review these requirements, state that a special “grouping election” can be made to eliminate in - some of which are quite burdensome and may require requesting in - terest income and expense on debt between CFCs and include GILTI formation from or amendment of contracts with foreign purchasers and subpart F in a US taxpayer’s ATI, which typically results in an in - or service recipients. crease in the section 163(j) limitation. However, the grouping elec - tion is irrevocable. Minimum Tax on Base-Erosion Payments To curb the use of “base-erosion payments,” a new section 59A was Conclusion enacted as part of the TCJA and operates as an alternative minimum Not only has the international tax landscape after the TCJA changed tax on US corporations that have average annual gross receipts of at dramatically, it continues to change with the continued release of pro - least $500 million during the preceding three tax years and have a posed and final Treasury regulations almost on a weekly basis. For ex - “base erosion percentage,” or generally the percentage of its deduc - ample, final Treasury regulations were released in May 2019 that tions that are “base erosion payments,” of at least 3 percent during the effectively repealed section 956 for corporations, a section that was current year. This base-erosion and anti-abuse tax (“BEAT”) largely not amended by the TCJA. Section 956 resulted in an inclusion similar applies with respect to “base erosion payments” at a rate of 5 percent to subpart F if a CFC held certain US property, such as loans to a US for 2018 and 10 percent starting in 2019. shareholder or stock in a US corporation. With important changes oc - Generally, base erosion payments increase the base erosion per - curring via regulations, a quick interpretation of new Treasury regula - centage. Base erosion payments most commonly include payments tions is key to understanding whether and how they might impact or that are made to a foreign related party, generally determined with 25 update a multinational corporation’s tax analysis.
84 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES TAX
U N I T E D S TAT E S U N I T E D S TAT E S
Ora Grinberg Julia Ushakova-Stein Fenwick & West Fenwick & West Silicon Valley Center Silicon Valley Center 801 California Street 801 California Street Mountain View, CA 94041 Mountain View, CA 94041 US US Tel: (1) 650 335 7845 Tel: (1) 650 335 7848 Email: [email protected] Email: [email protected] Website: www.fenwick.com Website: www.fenwick.com
Ora Grinberg focuses her practice on US corporate and international Julia Ushakova-Stein focuses her practice on US tax planning and tax taxation. She represents clients in tax planning and tax controversy controversy matters, with an emphasis on international tax planning matters, with emphasis on international tax planning, cross-border (inbound and outbound) and restructurings, M&A and transfer pricing. and domestic mergers and acquisitions, and restructurings. Her clients She represents clients from a diverse set of industries and geographic come from a diverse set of industries and geographic jurisdictions areas. She has represented a number of Fortune 500 companies in U.S. (including both domestic and foreign entities) and range in size from federal income tax matters and has successfully represented clients in start-ups to large Fortune 500 companies. federal tax controversies at all levels.
Ora has substantial experience representing buyers and sellers in Julia was honored as one of the top 40 lawyers under 40 in the United domestic and cross-border merger and acquisition transactions. She States by the American Bar Association in 2018 and was the only person regularly represents serial acquirers and has extensive experience to win Euromoney’s Women in Business Law’s Americas Rising Star in Tax advising on sophisticated corporate transactions. In some noteworthy award in 2017. She appears in Euromoney’s 2018 and 2017 Expert transactions, she represented: Guides: Rising Stars in the Tax category and International Tax Review’s 2017 Women in Tax Leaders. Julia was also recognized by California • Imperva in its $2.1 billion acquisition by Thoma Bravo Super Lawyers as a Rising Star in 2019 and 2018, and was shortlisted in • Cloudera in its $5.2 billion merger of equals with Hortonworks the Best in Tax and Tax Disputes category for Euromoney’s 2018 Americas • Cray in its $1.3 billion acquisition by Hewlett Packard Enterprise Rising Star awards. • Cisco in numerous transactions, including its $3.7 billion acquisition of AppDynamics, its $2.35 billion acquisition of Duo Julia teaches international tax in the Master’s Program at San Jose State Security, its $1.9 billion acquisition of Broadsoft, its $1.4 billion University and regularly speaks at major tax conferences for professional acquisition of Jasper Technologies, its $700 million acquisition of tax groups, including for the International Fiscal Association, Acano, and the sale of its Service Provider Video Software Solutions International Tax Review, and Euromoney. She also regularly authors Business to Permira articles on international tax topics. • Symantec in the $7.4 billion sale of its worldwide information management business In some noteworthy transactions, Julia represented: • Symantec in the sale of its worldwide Website Security business to DigiCert • GitHub, Inc., the world’s leading software development platform, in • Diamond Foods in its approximately $1.9 billion acquisition by its $7.5 billion acquisition by Microsoft Corporation; Snyder’s-Lance • Facebook in its $2 billion acquisition of Oculus VR, which won • Shutterfly in its $825 million acquisition of Lifetouch International Tax Review’s Consumer Products Deal of the Year; • Goldman Sachs and 13 major New York banks in their investment in Ora was awarded the inaugural Euromoney’s Americas Rising Stars Symphony Communications, which won International Tax Review’s Award for Best in Tax and Tax Disputes in 2018. Ora also appears in Joint Venture of the Year award; Euromoney’s 2017 and 2018 Expert Guides: Rising Stars, in the Tax • J.P. Morgan, Barclays and ICAP in their investment in Cloud9 category. Ora was also recognized by California Super Lawyers as a Technologies, which was shortlisted for International Tax Review’s Rising Star in 2018. America’s Banking Tax Deal of the Year; • 35 major domestic and foreign banks (e.g., Citibank, Bank of America Ora regularly speaks at conferences for professional tax groups and and Merrill Lynch) in their consortium investment in R3, which won frequently leads workshops on Business Law Basics for new International Tax Review’s America’s Financial Services Tax Deal of entrepreneurs and small businesses. She routinely provides pro bono the Year award; services to various nonprofit organizations and low-income • General Motors in its acquisition of Cruise Automation, a leader in individuals, and regularly volunteers for Tax-Aid as a tax expert and autonomous driving technology, which was shortlisted for co-site manager (for the last 7 years). International Tax Review’s America’s Consumer Products Tax Deal of the Year; Ora graduated Order of the Coif from the University of California, • Jet.com in its acquisition by Walmart, which was shortlisted for Berkeley, School of Law (Boalt Hall) in 2011. Ora is admitted to the International Tax Review’s America’s Consumer Products Tax Deal of State Bar of California. She is a member of the State Bar of California the Year; and Taxation Section and the American Bar Association Section of • Symantec in its acquisition of Lifelock, which was shortlisted for Taxation. She is also a member of International Fiscal Association. International Tax Review’s America’s Consumer Products Tax Deal of the Year.
Julia received her J.D. from the University of California, Berkeley, School of Law (Boalt Hall) and her B.S.B.A., summa cum laude , in accounting from the University of Arizona, Eller College of Management.
RISING STARS EXPERT GUIDES 85 TAX EXPERT LISTINGS
AUSTRALIA ITALY PORTUGAL Peter Radlovacki Christian Montinari Joana Maldonado Reis Deloitte Australia DLA Piper PLMJ Sydney Milan Lisbon
Pedro Vidal Matos Cuatrecasas AUSTRIA LUXEMBOURG Lisbon Lars Gläser Maxime Budzin Schindler Attorneys Clifford Chance Teresa Pala Schwalbach Vienna Luxembourg Sérvulo & Associados Lisbon Walter Loukota Julie Carbiener Deloitte Austria Allen & Overy Manuel Proença Abrunhosa Vienna Luxembourg RFF & Associados Lisbon Jacques Wantz GERMANY DLA Piper Luxembourg SPAIN Maximilian Haag P+P Pöllath + Partners Diego de Miguel Munich CMS Albiñana & Suárez de Lezo NETHERLANDS Madrid Moritz Mühlhausen Yannick Schuerman PwC Norton Rose Fulbright David López Cologne Amsterdam Uría Menéndez Madrid Wouter Vosse HONG KONG Hamelink & Van den Tooren Amsterdam SWEDEN SAR Zoya Zalmai Viyan Hagi Stefano Mariani PwC Deloitte Sweden Deacons Amsterdam Stockholm Hong Kong Anitza Zester NORWAY Deloitte Sweden IRELAND Stockholm Fredrik Klebo-Espe Lynn Cramer KPMG Maples Group Oslo SWITZERLAND Dublin Ruth Bloch-Riemer PORTUGAL Bär & Karrer ITALY Zürich Filipe Abreu Fabrizio Alimandi PLMJ Robert Desax CMS Adonnino Ascoli & Cavasola Lisbon Walder Wyss Scamoni Zürich Milan António Castro Caldas Uría Menendez Gianni Fera Roberto Egori Lisbon BianchiSchwald Freshfields Bruckhaus Deringer Geneva Milan Miguel Cortez Pimentel Morais Leitão Damiano M Slongo Giovanni Gallucci Lisbon TREUCO AG EY Zürich Milan Nuno Figueirôa Santos CMS Rui Pena & Arnaut Lisbon
86 EXPERT GUIDES RISING STARS EXPERT LISTINGS TAX
UNITED KINGDOM Oliver Currall Sidley Austin London
Sophie Donnithorne-Tait Akin Gump Strauss Hauer & Feld London
Laura Hoyland White & Case London
Lina le Roux Clifford Chance London
Serena Lee Akin Gump Strauss Hauer & Feld London
Natalie Psaila Hogan Lovells London
May Smith Freshfields Bruckhaus Deringer London
UNITED STATES Ora Grinberg See bio Fenwick & West Mountain View
Julia Ushakova-Stein See bio Fenwick & West Mountain View
RISING STARS EXPERT GUIDES 87 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS
Feature for: Switzerland, by Lukas Stocker and Dr Jan Kleiner of Bär & Karrer 89
Brazil 92 Portugal 92 Switzerland 89 France 92 Russia 92 United States 92 Hong Kong SAR 92 Singapore 92
88 EXPERT GUIDES RISING STARS THOUGHT LEADERSHIP TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS
SWITZERLAND The scope of application of the recently introduced Federal Act on the Surveillance of Post and Telecommunications in Switzerland
Lukas Stocker (left) and Dr Jan Kleiner 1 (right) Bär & Karrer Zürich
Introduction On 1 March 2018, the fully revised Federal Act on the Surveillance of Post and Telecommunications (FASPT) entered into force in Switzer - land. According to the Federal Council of Switzerland, the main ob - jective of this new act is to ensure that necessary surveillance of (postal and) telecommunications traffic will also be possible in the fu - ture and not be prevented by the introduction of new technologies (such as encrypted internet telephony). The intention is therefore not to surveil more, but to be able to surveil better. The present article focuses on whether the aforementioned pur - pose, the surveillance of telecommunications traffic by use of new As a result, the term TSP covered mostly typical telecommunica - technologies, can indeed be achieved by the current wording of the tions networks and network operators. However, it failed to cover so- new FASPT and how possible challenges are addressed, particularly by called “over-the-top” (OTT) service providers, which provide the competent surveillance authority, the Post and Telecommunica - telecommunications services over the internet, and thus without tions Surveillance Service (PTSS). The article focuses on telecommu - transmitting by themselves (or being the responsible party to do so) nication services. Postal services will thus not be addressed. the data by means of telecommunications techniques. To include such OTT and similar service providers, a new type of FASPT: Scope of Application provider obliged to cooperate was introduced in the FASPT: so-called In order to be a so-called “person obliged to cooperate” (POC) under “provider of derived communication services” (PDCS). This term the FASPT, providers of (new) communication services must be cov - covers providers of one-way and multipath communication, such as ered by the personal as well as territorial scope of application of the providers that allow documents to be uploaded, providers of storage new act. Questions may arise in relation to both of these aspects. space for e-mails, hosting providers, cloud services, as well as multi- way communication services, which allow communication between Personal Scope of Application users, such as chat platforms and peer-to-peer internet telephone ser - As regards the personal scope of application, under the old FASPT, vice providers. only providers which were considered As will be addressed further below, PDCS telecommunications services provider (TSP) only have limited obligations under the FASPT. were considered POC. In this respect, a However, what must be added is that providers company is qualified as a TSP in case it pro - of derived communication services with high cures, as the responsible party, the trans - THE LIMITED SCOPE OF economic relevance (annual turnover in portation of telecommunication Switzerland of more than CHF 100 million to - (information-technology) traffic for third TERRITORIAL gether with more than 5000 participants parties. In other words, a TSP is a natural or APPLICABILITY REFLECTS and/or entities that have received more than legal person who transmits or arranges to 100 requests for information within the last 12 transmit information using telecommunica - A DILEMMA OF THE months) are obliged to comply with the same tions techniques for Swiss third parties and SWISS SURVEILLANCE (complete) obligations as TSPs. assumes responsibility for the provision of the promised service in respect of these AUTHORITIES Territorial Scope of Application third parties within the framework of a con - In addition to the personal scope of applica - tractual relationship. tion, a provider must fall within the territorial
RISING STARS EXPERT GUIDES 89 TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS THOUGHT LEADERSHIP
SWITZERLAND scope of application in order to be a POC under the FASPT. messaging services and communication services in social media, shall In principle, the FASPT is applicable to providers of telecommuni - be considered as telecommunications services, independently on cation services in Switzerland, in accordance with the so-called princi - whether such services are offered together with the underlying con - ple of territoriality of Swiss public administrative law. As a result, and nectivity. In other words, the PTSS is of the view that certain OTT ser - according to the prevailing Swiss legal doctrine as well as case law, a vices provider shall be treated as TSPs, although they do not procure, provider is subject to the FASPT if it is legally domiciled or if it owns as the responsible party, connectivity, i.e. the transmission of informa - infrastructure in Switzerland. Further, even if the provider (or any of tion, for Swiss third parties. its subsidiaries) has its legal domicile in Switzerland, it cannot be re - Furthermore, the PTSS is of the view that jurisdiction (i.e. the ter - quired to provide the Swiss surveillance authority (PTSS) with re - ritorial scope of application) is fulfilled not only in case the service quested data, as long as the relevant data of Swiss customers is not provider has its registered office in Switzerland or the service provider stored/managed by such Swiss entity, but e.g. located on servers has a subsidiary in Switzerland that controls, by law or on a factual abroad, to which the Swiss (subsidiary) company has no access. basis, communications and/or data storage. Rather, the PTSS is of the view that service providers are subject to the FASPT too, which pro - Dilemma of Swiss surveillance authorities vide services to persons in Switzerland or services that are specifically The limited scope of territorial applicability reflects a dilemma of the targeted for Swiss people. Swiss surveillance authorities, because most of the PDCS, which pro - With this information sheet, the PTSS seems to try to extent the vide telecoms services by the use of “new technologies”, such as OTT scope of application of the FASPT, presumably to address the short - service providers, are domiciled outside of Switzerland and have their comings – from a surveillance perspective –, which the wording of the data stored and, respectively, managed by non-Swiss companies. FASPT as well as the current legal practice seem to produce. By fol - What is more, even in case a PDCS is subject to the territorial lowing the position of the PTSS, most of the OTT services provide scope of the FASPT, it must be noted again that PDCS are typically would most likely be subject to the FASPT as a TSP, which would subject only to limited surveillance obligations, unless they are con - mean they would be obliged to cooperate with Swiss surveillance or - sidered having a high economic relevance. In essence, PDCS do not ders to the fullest extent possible. have to carry out the surveillance themselves, but only have to tolerate However, the position of the PTSS has been subject to criticism. it (in case surveillance is ordered). For this purpose, PDCS have to Indeed, they seem to be in contradiction to previous case law of the grant access to their facilities and must provide the information nec - competent courts. What is more, the basis of argumentation of PTSS’s essary for the surveillance. Finally, PDCS must edit the marginal data position appears to be rather weak. From a legal perspective, the clear available to them; however, there is no obligation to collect such wording of the applicable laws, notably the FASPT and the Swiss marginal data. Telecommunications Act (TCA), the qualification as a TSP requires On the contrary, TSPs are required, amongst others, to provide, that the provider is in fact responsible for the connectivity, by either upon request, the following information to the surveillance authori - transmitting by itself or arranging to transmit information using ties: (i) the telecommunications’ traffic (call content, such as text data, telecommunications techniques, towards its contractual partner, no - audio, pictures etc.) of the person under (real time) surveillance; (ii) tably, a Swiss end-customer. personal information (name, date of birth, address and, if known, oc - Likewise, Swiss legal doctrine and case law is clear that in line with cupation of the user), the addressing elements and the type of services; the applicable principle of territoriality, it is not sufficient if a service and (iii) so-called marginal data (or intercept related information, provider offers or provides its services to persons in Switzerland in such as time, duration and location) of the person under surveillance. order to be obliged to cooperate with Swiss surveillance duties. Such In an attempt to address this dilemma, the Swiss surveillance au - provider must have, in addition, its seat in Switzerland or a have a thority PTSS published on 16 April 2019 an information sheet on Swiss subsidiary, which has access to the relevant data. TSPs and PSCSs 2, which is intended to serve as a guide for service There is no case law known to us of the Swiss Federal Tribunal, providers in order to determine whether they are subject to the which would address PTSS’s positions, which it recently made public FASPT, and if yes, which category of POC, notably TSP or PSCS, they with its information sheet on TSPs and PSCSs. However, it is expected belong to. that the positions of PTSS, at least the rather controversial ones, will According to this information sheet, certain OTT services such as be subject to court proceedings in the near future. It will be interest - communication services for the transmission of voice, text, images, ing to see how the courts will address the issues raised regarding the sound, video or a combination thereof, e-mail, instant messaging, scope of applicability of the FASPT.
1 Lukas Stocker is an Associate in the Telecommunication, Media, Entertainment and Sport Practice of Bär & Karrer, Switzerland; Dr. Jan Kleiner is a Partner in the same practice group. 2 The information sheet can be accessed with the following link: https://www.li.admin.ch/sites/default/files/2019-04/04_2019_Merkblatt_FDA_AAKD_EN.pdf
90 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS
S W I T Z E R L A N D
Jan Kleiner Bär & Karrer AG Brandschenkestrasse 90 CH-8027 Zürich Switzerland Tel: (41) 58 261 53 84 Email: [email protected] Website: www.baerkarrer.ch
Jan Kleiner Co-heads the sport practice group of the first-tier Swiss law firm Bär & Karrer in Zürich, Switzerland. His practice covers contentious and non-contentious matters in the fields of national and international sports law as well as media, entertainment and data protection law. He also regularly advises clients on technology and telecommunication law matters. Before joining Bär & Karrer in 2013, Jan Kleiner has obtained a doctorate in international sports law from the University of Zürich, he was Legal Counsel in an international sports federation and a Partner in a law firm specialized in sports, media and entertainment law. In addition, Jan Kleiner holds a Global Executive Master in International Sports Law from the Instituto Superior de Derecho y Economia in Madrid (Spain).
Jan Kleiner regularly publishes on national and international sports law topics and data protection matters. He is a lecturer in international sports law at the University of Zürich and in various other national and international Sports Law Master programs.
RISING STARS EXPERT GUIDES 91 TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS EXPERT LISTINGS
BRAZIL UNITED STATES Larissa Maria Galimberti Afonso Jake Levy Pinheiro Neto Advogados Franklin Weinrib Rudell & Vassasllo São Paulo New York
FRANCE Sonia Cissé Linklaters Paris
Marta Lahuerta Escolano Jones Day Paris
HONG KONG SAR Karen H F Lee Mayer Bornw Hong Kong
PORTUGAL Marilia Frias VdA Vieira de Almeida Lisbon
RUSSIA Anastasia Dergacheva Morgan Lewis & Bockius Moscow
SINGAPORE Matt Pollins CMS Singapore
SWITZERLAND Jan Kleiner See bio Bär & Karrer Zürich
92 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
TRADEMARKS
Canada 95 Panama 95 United Kingdom 94 Japan 95 Russia 95 United States 95 Mexico 95 South Africa 95
RISING STARS EXPERT GUIDES 93 TRADEMARKS ATTORNEY BIOGRAPHIES
U N I T E D K I N G D O M
Tanya Buckley Maucher Jenkins 26 Caxton Street London, SW1H 0RJ UK Tel: (44) 20 7931 7141 Email: [email protected] Website: www.maucherjenkins.com
Tanya has extensive experience in working with high-profile blue-chip companies in relation to their brand management and portfolio reviews. Her practice has also incorporated a range of clients of all sizes from the media and entertainment sectors, the construction industry, fashion and the financial sector and she is very experienced at providing tailored commercial advice to meet individual clients’ needs.
Tanya’s background is in the biotech field and she has specific experience in dealing with pharmaceutical, medical device and biotech clients. She works closely with her patent colleagues to provide a joint approach to clients’ patent and trade mark matters ensuring that clients’ needs are met through an understanding of both their technology and the law.
Prior to joining Maucher Jenkins in 2012, Tanya worked in private practice, and has over 15 years’ experience in advising on all aspects trade mark matters. Tanya is a member of PTMG and attends BIO, PTMG and INTA.
94 EXPERT GUIDES RISING STARS EXPERT LISTINGS TRADEMARKS
CANADA SOUTH AFRICA Daniel Anthony Hugo Prinsloo Smart & Biggar/Fetherstonhaugh Von Seidels Ottawa Cape Town
Catherine Daigle Norton Rose Fulbright Montréal UNITED KINGDOM Graham Hood Smart & Biggar/Fetherstonhaugh Anusha Arunasalam Toronto Boult Wade Tennant London Jennifer Ponton Smart & Biggar/Fetherstonhaugh Tanya Buckley See bio Toronto Maucher Jenkins London
John Coldham JAPAN Gowling WLG Tomoe Takahashi London Hogan Lovells Anneka Dalton Tokyo Hogan Lovells London MEXICO Alejandro Díaz Morales UNITED STATES Mijares Angoitia Cortés y Fuentes Allison Blanco Mexico City Latham & Watkins Juan Carlos Hernández Los Angeles Basham Ringe y Correa M Oren Epstein Mexico City Skadden Arps Slate Meagher & Flom New York PANAMA Steven Espenshade Pirkey Barber Allen Candanedo Austin Morgan & Morgan Panama City Halle B Markus Venable Diana Carolina Leandro Washington DC Benedetti & Benedetti Panama City Travis Wimberly Pirkey Barber Austin RUSSIA Vironika Pilyugina Hogan Lovells Moscow
SOUTH AFRICA Claire Brown Von Seidels Cape Town
RISING STARS EXPERT GUIDES 95 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
TRANSFER PRICING
Feature for: Canada, by Peter Kurjanowicz of Grant Thornton LLP 97
Austria 100 Germany 99 United Kingdom 100 Canada 97, 99 Israel 100 United States 100 Finland 100 Japan 100 France 100 Netherlands 100
96 EXPERT GUIDES RISING STARS THOUGHT LEADERSHIP TRANSFER PRICING
CANADA
Transfer pricing: Beyond the pricing
Peter Kurjanowicz Grant Thornton LLP Toronto
Although transfer pricing dates back to 1917, the practice has grown impressively since the OECD published the Transfer Pricing Guide - lines for Multinational Enterprises and Tax Administrations in 1995, and its updates in 2010 and 2017. Today, transfer pricing is likely the #1 tax risk area for multinationals and its scrutiny has prompted tens of thousands of pages of interpretive guidance, precedent-setting court cases and privately-published technical thought leadership. Transfer pricing laws are based on the ‘arm’s length standard’, which can be difficult to put into practice. That’s why transfer pricing is often considered an art, not a science . While this sentiment may be unfair to the economists and valuation experts who pour hundreds of hours into complex financial models and technical analyses, it still captures the subjectivity with which the standard is sometimes perceived. Yet, despite the difficulty of applying the arm’s length standard, robust con - cepts, methodologies and analytical processes have been established to make pricing analyses reliable and practicable. After all, today’s transfer pricing community now has nearly 100 years of practice. Recently, however, there has been a nuanced change to the land - scape that affects multinationals of every size. What has changed most in recent years is that tax authorities and auditors are shifting focus Each period represents its own world of best practices, and each away from technical valuations and onto the overall governance of the involves an entirely different set of transfer pricing activities. transfer pricing function. Examiners and auditors are now paying closer attention to the way in which transfer pricing is functionally or - Pre-financial year / budgeting ganized within the multinational group, as well as on the risk mitiga - Pre-financial year procedures are critical, and arguably most impor - tion processes, procedures and controls surrounding transfer pricing. tant. This period involves the substantive technical work relating to The result of this shift is that today’s tax and transfer pricing direc - establishing the transfer pricing policies themselves, as well as the set- tors are being evaluated not just on the underlying accuracy of their up of the implementation and maintenance procedures to be under - tax positions / economic analyses, but on the overall governance of taken in the remainder of the compliance cycle. Most organizations the function. This makes it imperative to do not sufficiently invest in this period and demonstrate to examiners or auditors not therefore find themselves scrambling to book only the technical foundation of the underly - appropriate entries, document transactions ing tax positions, but proper governance as WHAT HAS CHANGED MOST after-the-fact, or in the worst case discover well. IN RECENT YEARS IS THAT TAX fundamental weakness in pricing policy dur - To prepare our clients, Grant Thornton AUTHORITIES AND AUDITORS ing a statutory or tax authority audit. developed a service model that is both a Before the start of the year, it is important roadmap and a checklist relating to best prac - ARE SHIFTING FOCUS AWAY to adopt procedures for: tice transfer pricing governance processes and FROM TECHNICAL • Establishing proactive pricing policies, in - procedures. The model (outlined below) cov - VALUATIONS AND ONTO THE cluding for tangible product sales, mark- ers five periods (representing the annual OVERALL GOVERNANCE OF up factors, royalty rates, and services fees; transfer pricing compliance cycle): budgeting, • Understanding customs, indirect tax, and THE TRANSFER PRICING interim monitoring / maintenance, year-end cash-flow implications for the policies; testing, documentation, and post-filing de - FUNCTION • Integrating transfer pricing into budget - fense. ing and FP&A;
RISING STARS EXPERT GUIDES 97 TRANSFER PRICING THOUGHT LEADERSHIP
CANADA
• Preparing intra-group agreement updates; and • Establishing appropriate analyses and documentation for tax pro - • Managing change and providing implementation instructions (e.g. vision / statutory audit purposes to accounting / finance teams) Documentation / filing Interim monitoring / maintenance The period following the closing of books, but preceding the tax re - During the fiscal year, the transfer pricing group should be in con - turn filing deadlines, is also critical. In this period, a robust compli - stant communication with the business (to identify new transac - ance strategy should exist that relates to both the (strategic) tions / material business changes) as well as accounting/finance preparation of transfer pricing documentation as well as the identifi - teams (to provide support and instruction, as needed). More so - cation of, and fulfillment of, reporting requirements (such as forms phisticated transfer pricing policy structure may also involve in - T106 in Canada, country-by-country reports, and similar mandatory terim testing, variance analyses, monthly or quarterly service fee transfer pricing filings / disclosures). After books are closed, you will calculations, etc. need procedure for: Throughout the year, apply procedures for: • Identifying changes to global transfer pricing requirements, filing • Maintaining cross-functional and cross-border communication obligations, materiality thresholds, and risk-factors; standards / procedures (i.e., between transfer pricing and other de - • Preparing global transfer pricing documentation strategically, partments, and between HQ and cross-border affiliates); given limited resources and an ever changing global risk landscape; • Maintaining globally consistent invoicing and accounting stan - and dards surrounding transfer pricing transactions; • Meeting all filing obligations and notifications, where required. • Performing interim testing and price-adjustments, where needed and Post-filing defense • Addressing changes in facts / new transactions. Finally, after the tax return is filed, there will exist a multi-year period in which the transfer pricing positions may be challenged by a tax au - Year-end thority. Transfer pricing audit statutes vary across the world but gen - The year-end / pre-close of books period is likely the second most im - erally allow tax examiners to reassess periods as old as 5+ years. To portant, as it represents the cut-off to when transfer pricing entries manage tax authority reviews, create procedures for: may be made for accounting purposes. Although technically most ju - • Tax examiner communication, and when to get head-office in - risdictions allow the true-up of transfer pricing for tax purpose post volved close, it is obviously not a best practice to carry significant book-to- • Information flow (i.e., what to provide to auditors) tax differences due to transfer pricing. Robust year-end testing and • When and to what degree to get external advisors involved; and transfer pricing adjustment mechanisms should exist ahead of close • When and to what degree to get counsel involved (for privilege). so that book and tax is aligned. These practices underpin an approach that has won Grant In the fourth quarter of your financial year, look to implement Thornton’s transfer pricing group the International Tax Review’s procedures for: Transfer Pricing Advisory Firm of the Year (Canada) award in • Year-end testing and price adjustments, including management fee 2018— and can help you take your transfer pricing function be - true-ups and budget vs. actual cost analyses yond the pricing.
98 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES TRANSFER PRICING
C A N A D A G E R M A N Y
Peter Kurjanowicz Philip de Homont Grant Thornton NERA 11th Floor Messeturm 200 King Street West, Box 11 Friedrich Ebert Anlage 49 Toronto ON M5H 3T4 Frankfurt am Main 60308 Canada Germany Tel: (1) 416 369 7036 Tel: (49) 69 710 447 502 Email: [email protected] Email: [email protected] Website: www.grantthornton.ca Website: www.nera.com
Peter is one of four Partners in Grant Thornton Canada’s award-winning Mr de Homont is an expert NERA’s Global Transfer Pricing practice, Transfer Pricing group. He is responsible for leading 30+ professionals— where he provides transfer pricing advice to international corporations including economists, tax experts, financial analysts, and accountants- and law firms. He specializes in the transfer pricing of intellectual specializing in a variety of transfer pricing disciplines, including transfer property in tax audits and litigation cases, as well as in the digital pricing planning and strategy; cross-border capital structure planning; economy. due-diligence reviews and pre-acquisition planning; intangible property valuation and migration; tax authority audit management; appeals, tax Mr de Homont has extensive experience in the defense of licensing and court and competent authority support; advance pricing arrangements valuation arrangements for intangibles. His recent cases covered (APAs). transactions from brand licenses, profit splits for local distribution and sales companies, to the valuation of user data and relocations of Peter's experience includes supporting many of Canada’s largest public functions. In the digital economy, he has introduced novel approaches and private companies in a multitude of industries, including pharma, to separate market and user intangibles from technical engineering financial services, resources, professional services, manufacturing, and established methods to valuate platform intangibles. automotive, oil and gas, information technology, distribution, and retail, among others. He has worked for global clients in a variety of industries, in particular in the high-tech machine industry, the digital economy, in fast-moving Peter has a specialization in assisting multinationals with implementing consumer goods and the pharmaceutical industry. He has worked best-practice transfer pricing governance processes/procedures. He also successfully with various international law firms, tax advisors and has particular expertise in intangible property transfer pricing structure multinationals on cases in the United States, throughout Europe and planning, as well as the transfer pricing of financial transactions (such as several other countries. loans, guarantees, derivatives, and other instruments). Mr de Homont is a frequent speaker at international tax conferences Professional qualifications and memberships and regularly publishes articles on transfer pricing developments, and • BComm (Honours) - Queen’s University, Kingston on defense and planning cases. He is author to chapters on valuation • Master of Taxation (Mtax) - University of Waterloo in two leading German textbooks, on Transfer Pricing and Intellectual • Chartered Financial Analyst (CFA) Property respectively. Mr de Homont holds an MSc in economics from the University of Warwick, and an MSc-equivalent in physics from the Notable presentations and publications Technische Universität München. • “The Changing Landscape in transfer pricing: 10 practices you need to implement today” – Expert Guides Magazine, 2018 • Grant Thornton’s Transfer Pricing Practice was awarded the prestigious International Tax Review Transfer Pricing Advisory Firm of the Year (Canada) award in 2018
RISING STARS EXPERT GUIDES 99 TRANSFER PRICING EXPERT LISTINGS
AUSTRIA GERMANY UNITED STATES Karin Andorfer Janine Müller Vladimir Starkov Deloitte Austria KPMG NERA Economic Consulting Vienna Munich Chicago
Lars Gläser Simon Renaud Joe Tobin Schindler Attorneys PwC Deloitte Tax Vienna Düsseldorf Arlington
CANADA ISRAEL Peter Kurjanowicz See bio Lior Haddad Grant Thornton Economics Partners Toronto Tel Aviv
FINLAND JAPAN Markku Renko Teodor Kotov Alder & Sound Deloitte Tohmatsu Tax Co Helsinki Tokyo
FRANCE NETHERLANDS Antoine Faure Olga Shambaleva CMS Francis Lefebvre Avocats EY Paris Amsterdam
Valentin Lescroart CMS Francis Lefebvre Avocats Neuilly-sur-Seine UNITED KINGDOM Guillaume Madelpuech NERA Economic Consulting Amanda Pletz Paris NERA Economic Consulting London/Paris/Geneva GERMANY UNITED STATES Philip de Homont See bio NERA Economic Consulting Sirathorn B J Dechsakulthorn Frankfurt am Main DLA Piper New York Hendrik Handte Deloitte Germany Marco Fiaccadori Munich PwC Washington DC Lars Haverkamp Flick Gocke Schaumburg Stefanie Perrella Düsseldorf Duff & Phelps New York Andreas Kammer PwC Mannheim
Tanja Keser PwC Munich
100 EXPERT GUIDES RISING STARS EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
TRUSTS AND ESTATES
Channel Islands 103 Hong Kong SAR 103 Ireland 103 Portugal 103 Switzerland 102 United Kingdom 103 United States 103
RISING STARS EXPERT GUIDES 101 TRUSTS AND ESTATES ATTORNEY BIOGRAPHIES
S W I T Z E R L A N D
Andrea Dorjee-Good Schellenberg Wittmer Ltd Löwenstrasse 19 / P.O. Box 2201 8021 Zürich Switzerland Tel: (41) 44 215 5252 Email: [email protected] Website: www.swlegal.ch
Andrea Dorjee-Good is a counsel in Schellenberg Wittmer’s private clients and estates group in Zurich. She specializes in estate planning and administration for private clients in Switzerland and abroad and advises private clients on all aspects of estate and succession planning, including pre- and postnuptial agreements, wills, succession pacts, trusts and foundations. Her practice areas also include contentious estates, including regular representation of clients in complex estate disputes.
Some recent examples of Andrea’s expertise in private client matters include advising family members of a major family-owned corporation in a family business dispute and advising heirs of a major family-owned business in a complex cross-border trust and estate dispute.
Andrea is a member of several professional associations, including the Swiss Bar Association, the Zurich Bar Association, the International Association of Young Lawyers (AIJA) and the Society of Trust and Estate Practitioners (STEP). She regularly publishes and speaks in her field of specialization.
Andrea graduated from the University of St Gallen School of Law (lic iur 2004) and was admitted to the Swiss Bar in 2007. She joined Schellenberg Wittmer in 2004 and, after gaining court experience as a clerk at the District Court of Winterthur, she rejoined the firm as an associate in 2007. She was promoted to, counsel in 2013. Andrea obtained a diploma with distinction in international trust management from STEP.
102 EXPERT GUIDES RISING STARS EXPERT LISTINGS TRUSTS AND ESTATES
CHANNEL ISLANDS Patricia Montgomery Carey Olsen Guernsey
HONG KONG SAR Stefano Mariani Deacons Hong Kong
IRELAND Carol Hogan O’Connell Brennan Dublin
PORTUGAL Maria Inês Assis PLMJ Lisbon
SWITZERLAND Andrea Dorjee-Good See bio Schellenberg Wittmer Zürich
Alexander Greter Lenz & Staehelin Zürich
UNITED KINGDOM Kate Salter Kingsley Napley London
UNITED STATES Elizabeth A Faist Bowden Spratt Law Firm Atlanta
RISING STARS EXPERT GUIDES 103 EXPERTGUIDES THE WORLD’S LEADING LAWYERS CHOSEN BY THEIR PEERS
WHITE COLLAR CRIME
Feature for: France, by Ophelia Claude of Antonin Lévy & Associés 105
Brazil 110 Ireland 110 United Kingdom 110 France 105, 110 Netherlands 110 United States 110 Germany 110 Portugal 110 Hong Kong SAR 110 Switzerland 107
104 EXPERT GUIDES RISING STARS THOUGHT LEADERSHIP WHITE COLLAR CRIME
FRANCE France heightens criminal enforcement of tax fraud
Ophelia Claude Antonin Lévy & Associés Paris
After numerous debates, French Parliament passed, on October 23, 2018, the Law on the Fight against Tax Fraud ( Loi relative à la lutte con - tre la fraude fiscale – hereafter “2018 Tax Fraud Law” or “the Law”). The Law aims at strengthening the tools given to criminal and tax law en - forcement authorities when combating tax fraud in France.
Extension of the number of investigated cases due to the partial removal of the “Bercy lock” Before the 2018 Tax Fraud Law, the prosecution of allegations of tax fraud was subject to the prior filing of a criminal complaint by the French Tax Administration (hereafter “FTA”). However, before doing so, the FTA had to obtain the approval of the Tax Offence Commission, an independent administrative body. This mechanism – known as the “Bercy Lock” – was highly criticized in France for giving a wide discretionary power to a governmental body on prosecution. In order to circumvent the Bercy Lock, public prosecu - tors tended to prosecute tax fraud allegations based on money of laun - dering of tax fraud instead. While the 2018 Tax Fraud law did not entirely remove the Bercy the taxpayer has already been subject to one of these three penal - Lock, it has significantly limited the discretionary power of the FTA ties or ii) a complaint from the FTA has already been filed against which is now under an obligation to refer a case to the prosecution of - him in the past 6 years. fice when two conditions are cumulatively met: The criteria laid down by the 2018 Tax Fraud Law are so broad that 1. 1st condition: tax breaches established in the context of a tax re - many tax reassessments will now be automatically referred to the prose - assessment concern rights exceeding a threshold of €100,000; cutor. This will therefore significantly increase the number of prosecu - 2. 2nd condition: the administrative penalties imposed during the tax tions. According to the government’s estimates, the number of referrals audit were one of the following: to the prosecutor is likely to increase up to two thousand a year. a. A 100% penalty imposed in the event of an ex officio assessment The obligation to refer a case to the prosecutor only applies to tax re - following a refusal by the taxpayer to let the FTA conduct a tax assessments notified to the taxpayers after October 24, 2018. It does not audit (Article 1732 of the French Gen - apply retroactively. eral Tax Code – Code général des impôts ); The 2018 Tax Fraud Law also introduced b. A 80% penalty imposed in the event of the possibility for the prosecutor to extend the concealed activities, abuse of rights, THE UPCOMING INCREASE OF scope of the investigation to other types of fraudulent practices or failure to file a POTENTIAL TAX PROSECUTION taxes and other time periods once a complaint tax return regarding certain sums and LED THE FRENCH PARLIAMENT has been filed by the FTA. Before then, the assets (Article 1728, 1, c; Article 1729, b prosecutor could not investigate beyond the or c; Article 1729-0 A, I; Article 1758 of TO ADOPT A MORE scope of the allegations contained in the FTA’s the French General Tax Code); PRAGMATIC APPROACH TO criminal complaint. c. A 40% penalty imposed when the tax CRIMINAL ENFORCEMENT BY payer failed to file a tax return filed EXTENDING GUILTY PLEA AND Creation of a tax police within 30 days of receipt of a formal no - The 2018 Tax Fraud Law not only extended tice or in the event of a deliberate breach CJIP MECHANISMS TO TAX the number of potential criminal prosecu - (Article 1728, A, b; Article 1729, a or b of FRAUD tions, it also gave law enforcement authori - the General Tax Code), provided that i) ties the means to investigate by creating a
RISING STARS EXPERT GUIDES 105 WHITE COLLAR CRIME THOUGHT LEADERSHIP
FRANCE new dedicated police unit called the “tax police” working under the Increase of criminal penalties supervision of the Ministry of Economy and Finance. The unit will The maximum amount of the penalties for the offences of tax fraud be composed of officers from the National Judicial Customs Ser - and aggravated tax fraud are set by law at €500,000 and €3,000,000, vice ( Service national de la douane judiciaire ) and well as judicial respectively. However, 2018 Tax Fraud Law created the possibility for police officers. criminal courts to raise the maximum amounts to twice the income The tax police will now have access to information held by vari - derived from the commission of the offences. ous administrative bodies. The publication and disseminating of a conviction for tax fraud is now made mandatory by the 2018 Tax Fraud Law unless courts Opening of guilty pleas and French deferred prosecution decide otherwise due to the circumstances of the offence and the agreements (CJIP) to tax fraud cases personality of the offender which must explained the in the deci - One of the most awaited provision of the 2018 Tax Fraud Law was sion. the extension of possibility to enter into guilty pleas as well as into French styled deferred prosecution agreements ( Convention judici - Reinforcement of administrative measures aire d’intérêt public – hereafter “CJIP”) to tax fraud cases. Some of the administrative provisions of the 2018 Tax Fraud Law Parliament had previously refused to include tax fraud among are also worth of note. the offences that could lead to a guilty plea or a CJIP by fear of in - The tax administration can now publish, subject to the autho - terfering with the discretionary powers granted to the FTA in the rization of the Tax Offence Commission, the tax penalties applied to matter of tax fraud. This strict approach was incoherent with the companies for breaches of their tax duties of a particularly serious fact that companies were able to conclude a CJIP based on money nature (fraudulent acts or abuse of law and an evaded duty of at laundering of tax fraud as HSBC did on October 30 2017. Thank - least €50 000). The publication is made on the tax administration’s fully, the upcoming increase of potential tax prosecution led the website for a maximum period of one year unless the penalties are French Parliament to adopt a more pragmatic approach to crimi - appealed before administrative courts. nal enforcement by extending guilty plea and CJIP mechanisms to The 2018 Tax Fraud Law created a specific administrative fine to tax fraud. punish professionals who helped taxpayers to commit an abuse of Introduced in French law in 2016, the CJIP mechanism proved law, to carry out fraudulent activities, to conceal his activity or to to be an effective tool for the prosecutor to close cases quickly omit to declare amounts relating to a trust or life insurance accounts whilst imposing high financial penalties. A total of 5 CJIPs have or contracts held abroad. This fine can only be imposed when the been concluded since its entry into force. FTA imposed a 80% penalty to the taxpayer. The amount of the fine The 2018 Tax Fraud Law introduced a matching provision is 50% of the income derived the services rendered and, in any which now allows the FTA to conclude a civil transaction with a event, cannot be lower than €10,000. This provision targets legal, fi - taxpayer even when it intends to initiate criminal proceedings nancial and accounting professionals. against him. Prior to the 2018 Tax Fraud Law, the FTA was prohib - Finally, the 2018 Tax Fraud Law expands the list of Non-Cooper - ited from entering a civil transaction with a taxpayer when it had ative Countries and Territories (hereafter “NCCT”) to jurisdictions already filed a criminal complaint against him. blacklisted by the European Union.
106 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES WHITE COLLAR CRIME
F R A N C E S W I T Z E R L A N D
Ophelia Claude George Ayoub Antonin Lévy & Associés Schellenberg Wittmer Ltd 15, rue de Marignan 15bis, rue des Alpes / P.O. Box 2088 75008 Paris 1211 Geneva 1 France Switzerland Tel: (33) 1 71 19 72 40 Tel: (41) 22 707 Email: [email protected] Email: [email protected] Website: www.alassocies.fr Website: www.swlegal.ch
Ophelia Claude is a partner at Antonin Lévy & Associés. George Ayoub is a partner in Schellenberg Wittmer’s dispute resolution, white-collar crime and compliance, and internal corporate Ophelia acts as counsel for companies and individuals in complex and investigations groups in Geneva. high-profile white-collar crime cases. Her areas of expertise specifically focus on bribery and corruption, tax fraud, money laundering, His key areas of expertise and practice include white-collar crime, extradition, international mutual assistance matters and business international mutual legal assistance, extradition, asset tracing and human rights. Ophelia also conducts internal investigations and recovery, and internal corporate investigations. George is also advises companies on compliance issues. specialized in regulatory and compliance issues.
Ophelia’s recent expertise includes: George has acted as counsel for both individuals and corporate entities in criminal and administrative proceedings before cantonal and • Representation of two companies prosecuted in a case of bribery of federal authorities and courts, including the Swiss Supreme Court. foreign public officials known as “Oil for Food”. • Representation of a commercial agent in the context of a judicial George’s recent expertise in white-collar crime matters include: investigation opened in France on allegations of bribery of foreign representation of and assistance to a prominent businessman and his public officials in Africa. group of companies in relation to Swiss criminal investigations in the • Advice and assistance of industrial groups in setting up or context of an alleged corruption scheme; representation of a major improving their compliance programs in the light of the entry into digital vendor in the context of Swiss criminal proceedings; and force of the Sapin 2 law (risk mapping, codes of conduct, due representation of a foreign sovereign fund and affiliated companies in diligence procedure, whistleblowing system, training). Swiss criminal investigations targeting one of its former senior officers. • Representation of a major American group in the context of an investigation by the French National Financial Prosecutor’s Office George is a member of the International Bar Association’s anti- into allegations of tax fraud and tax fraud laundering. corruption, business crime and criminal law committees. • Advising and assisting a French industrial group in the context of a self-disclosure procedure with an American regulatory authority. After graduating from the University of Lausanne, School of Law, in 2007 George worked at the Office of the Attorney General of Ophelia has written extensively on criminal law and white-collar crime Switzerland. He was admitted to the Geneva Bar in 2011. Prior to and has been included in publications such as The Anti-Corruption joining Schellenberg Wittmer in 2012, he worked at another renowned Report, AJ Pénal, Dalloz Actualité, Cahier de Droit de l’Entreprise and Swiss business law firm as a contract and corporate lawyer. the Anti-Corruption and Anti-Bribery Review. Before embarking upon a legal career, George accumulated several In 2019, Ophelia was listed among the Next Generation Lawyers in years’ experience as an airline pilot for the Swiss national carrier. white collar crime by Legal 500 .
Prior to founding Antonin Levy & Associés together with Antonin Levy in January 2019, Ophelia was a senior associate in the investigation white collar and fraud team at Hogan Lovells France. She also worked in the white collar crime team at Allen Overy France and the boutique law firm Metzner Associés.
RISING STARS EXPERT GUIDES 107 WHITE COLLAR CRIME ATTORNEY BIOGRAPHIES
S W I T Z E R L A N D S W I T Z E R L A N D
Pierre Bydzovsky Clara Poglia Borel & Barbey Schellenberg Wittmer Ltd 2 Rue de Jargonnant 15bis, rue des Alpes / P.O. Box 2088 PO Box 6045 1211 Geneva 1 Geneva 1211 Switzerland Switzerland Tel: (41) 22 707 8000 Tel: (41) 22 707 1800 Email: [email protected] Email: [email protected] Website: www.swlegal.ch Website: www.borel-barbey.com
Pierre Bydzovsky holds a Master in Law degree from the Ruprechts- Clara Poglia is a partner in Schellenberg Wittmer’s dispute resolution, Karl-University of Heidelberg, Germany, and from the University of white-collar crime and compliance, and internal corporate investigations Fribourg, Switzerland. groups in Geneva.
He has completed his education with a Ce rtificate of Advanced Studies Clara’s key areas of expertise and practice include white-collar crime, in Criminal Judiciary from the Swiss Criminal Judicial School with international mutual legal assistance both in criminal and tax matters, honours (2011) and with a Master of Laws (LL.M) in International extradition, asset tracing and recovery, and internal corporate Trade Law of University Institute of European Studies and University investigations. Clara is also specialised in regulatory and compliance of Turin, Italy, where he graduated in 2015 summa cum laude. issues.
Pierre Bydzovsky has more than 10 years of experience in judicial Clara has acted as counsel for both individuals and corporate entities disputes and in national and international arbitration. He has been in criminal and administrative proceedings before cantonal and admitted to the Geneva Bar in 2007, is a member of the Geneva Bar federal authorities and courts, including the Swiss Supreme Court. Examination Commission, of the Geneva Bar, Association, of the Swiss Bar Association, of the Geneva Business Law Association and of the Some of Clara’s white collar crime highlights include: representation ICC-YAF. He is also a practicing military prosecutor within the Office and assistance to a company in a major investigation involving of the Attorney-General with the rank of Major and a member of the potential wrongdoing (allegations of corruption) harming the client’s Foundation Board of the Benefit Institution of the Geneva Bar interests and giving rise to Swiss criminal proceedings; representation Association. of a corporation in criminal proceedings targeting a large Ponzi scheme and in related bankruptcy proceedings and asset recovery; As a partner of the Litigation group of Borel & Barbey, his practice representation of European corporations targeted by a request of comprises civil, commercial and corporate matters in a wide range of mutual legal assistance in criminal matters addressed by the US sectors (for instance in trusts litigation, foundations and banking). He Department of Justice to Switzerland; and representation of the same regularly assists parties in assets recovery proceedings, criminal entities in the Swiss domestic related criminal proceedings. proceedings and in international mutual assistance in criminal matters in relation with foreign tax, money laundering and corruption based Clara is recognized in Global Investigations Review’s Women in requests for assistance. He is also specialised in sport law and is a Investigations 2018 list and is the chapter leader of the Women in member of the Executive Committee of the Swiss Basketball White Collar Defense Association’s Swiss chapter. Federation. Prior to joining Schellenberg Wittmer, Clara was a law clerk at the Pierre Bydzovsky speaks French, English and German. Swiss Federal Criminal Tribunal (for French and Italian languages) and an associate in another Swiss business law firm. She was also active as Pierre has been a Partner within Borel & Barbey since 1st January a translator for a renowned Swiss legal magazine. 2018.
108 EXPERT GUIDES RISING STARS ATTORNEY BIOGRAPHIES WHITE COLLAR CRIME
S W I T Z E R L A N D
Roland M. Ryser Schellenberg Wittmer Ltd Löwenstrasse 19 / P.O. Box 2201 8021 Zürich Switzerland Tel: (41) 44 215 5252 Email: [email protected] Website: www.swlegal.ch
Dr. Roland Ryser is a counsel in Schellenberg Wittmer’s white-collar crime and internal corporate investigations teams. Roland has extensive experience in contentious matters, advising and representing individuals and corporate clients as defence counsel in a broad range of regulatory and business crime investigations. Roland’s practice also covers international mutual legal and administrative assistance proceedings, asset recovery and anti-money laundering, anti-bribery and trade compliance.
Some examples of Roland’s expertise include: defending high-profile clients in administrative criminal proceedings for tax evasion; advising and defending a major Swiss bank in an investigation into allegations of corruption-related money laundering in a cross-border context; and acting as defence counsel to a Swiss bank in criminal proceedings for fraud, money laundering, insufficient diligence in financial transactions and violations of AML reporting obligations.
Roland is a member of various professional associations, including the Zurich and Swiss Bar Associations, the International Bar Association, the Defence Counsel’s Section of the Zurich Bar and the Swiss Society of Criminal Law. He publishes in his fields of specialisation and lectures on business criminal law in AML compliance officer trainings.
Roland graduated with a master of laws from the University of Zurich in 2004 and received a PhD in corporate criminal law in 2006. Before joining Schellenberg Wittmer, Roland worked as a research and teaching assistant at Zurich Law School’s chair of criminal law and criminal procedure. In 2011, Roland was on secondment with a major law firm in Australia, where he served as a consultant.
RISING STARS EXPERT GUIDES 109 WHITE COLLAR CRIME EXPERT LISTINGS
BRAZIL IRELAND UNITED Ricardo Caiado Ciara Dunny KINGDOM Campos Mello Advogados Matheson Karen Coppens São Paulo Dublin Dechert London FRANCE NETHERLANDS Elizabeth Head Herbert Smith Freehills Ophélia Claude See bio Madelon Stevens London Antonin Lévy & Associés Jahae Raymakers Paris Amsterdam Kate Meakin Herbert Smith Freehills Delphine Dendievel Neyah van der Aa London Allen & Overy Allen & Overy Paris Amsterdam Johanna Walsh Mishcon de Reya Geoffroy Goubin London Bougartchev Moyne Associés PORTUGAL Paris Mary Young Rui Costa Pereira Kingsley Napley Louis Guesdon PLMJ London Marsigny Gosset Avocats Lisbon Paris Dirce Rente Lisa Janaszewicz PLMJ UNITED STATES Bougartchev Moyne Associés Lisbon John Adams Paris Sidley Austin Chicago SWITZERLAND GERMANY Nowell D Bamberger George Ayoub See bio Cleary Gottlieb Steen & Hamilton Désirée Maier Schellenberg Wittmer Washington DC/Hong Kong Hogan Lovells Geneva Munich Matthew R Boucher Philippe Valdimir Boss Kobre & Kim Tine Schauenburg BianchiSchwald Washington DC White & Case Lausanne Berlin Daniel J Dominguez Pierre Bydzovsky See bio Latham & Watkins Borel & Barbey Washington DC HONG KONG Geneva Fabio Leonardi SAR Friedrich Frank Pillsbury Winthrop Shaw Pittman Tethong Blattner Vasu B Muthyala Washington DC Zürich Kobre & Kim Priya Roy Hong Kong Nicolas C Herren Ballard Spahr Pestalozzi Keith Tam Philadelphia Geneva Liberty Chambers Ann Sultan Hong Kong Sonja Maeder Morvant Miller & Chevalier OHER Avocats Leonie Tear Washington DC Geneva King & Wood Mallesons Hong Kong Clara Poglia See bio Schellenberg Wittmer Geneva
Roland M Ryser See bio Schellenberg Wittmer Zürich
110 EXPERT GUIDES RISING STARS FIRM INDEX
Index of Law Firms
39 Essex Chambers, 40 Ashurst, 35, 40, 57, 62, 74 BLD Bach Langheid Dallmayr, 50
4 New Square, 62 AZB & Partners, 36 BLOMSTEIN, 36, 52
A&L Goodbody, 7, 13 Bae Kim & Lee, 29, 40 BMA - Barbosa Müssnich Aragão, 35
Addleshaw Goddard, 40 Baker Botts, 38, 71 Bokwall Rislund, 37
Afridi & Angell, 71 Baker McKenzie, 28, 29, 35, 37, 46, 52, 57, 59 Borden Ladner Gervais, 28
Aird & Berlis, 77 Ballard Spahr, 110 Borel & Barbey, 108, 110
Akin Gump Strauss Hauer & Feld, 29, 46, 52, Bär & Karrer, 43, 86, 89, 91, 92 Borenius, 77 62, 87
Barros & Errázuriz, 35 Bougartchev Moyne Associés, 62, 110 Al Tamimi & Co, 43
Barry.Nilsson., 50 Boult Wade Tennant, 95 Alder & Sound, 100
Basham Ringe y Correa, 95 Boulware & Valoir, 65 Aleksandra Attorneys, 74
BCSA Advogados, 43 Bowden Spratt Law Firm, 103 Allen & Overy, 7, 16, 29, 30, 35, 36, 37, 40, 43, 46, 50, 62, 74, 86, 110 Beccar Varela, 13, 35 bpv Grigorescu Stefanica, 37
Allens, 43 Bech-Bruun, 43 Braumiller Law Group, 52
Altius, 59 Benedetti & Benedetti, 95 Bristows, 65, 67
Anthony Harper, 74 Bennett Jones, 13 Bruchou Fernández Madero & Lombardi, 43
Antonin Lévy & Associés, 105, 107, 110 betto seraglini, 28 Bryan Cave Leighton Paisner, 6, 40, 74
ARBLIT, 29 BianchiSchwald, 43, 86, 110 Buddle Findlay, 13
Arnecke Sibeth Dabelstein, 6 Bird & Bird, 6, 7, 13, 35, 65, 67 Burnet Duckworth & Palmer, 46
Arnold & Porter, 30, 35, 65 Blake Cassels & Graydon, 16, 43, 69, 81 CAL-Costa Albino & Lasalvia Sociedade de Advogados, 6 Arntzen de Besche, 57
RISING STARS EXPERT GUIDES 111 FIRM INDEX
Caldwell Boudreaux Lefler, 46 CMS Cameron McKenna Nabarro Olswang, Dechert, 30, 35, 38, 46, 54, 110 40, 50, 74
Campbell Johnston Clark, 79 Del Río Izquierdo Abogados, 6 CMS Francis Lefebvre Avocats, 100
Campos Mello Advogados, 110 Deloitte, 86, 100 CMS Hasche Sigle, 28, 36
Carey, 35 Dentons, 37, 40, 44, 46, 52, 74 CMS Rui Pena & Arnaut, 62, 86
Carey Olsen, 103 Dentons Boekel, 65 COBALT, 36
Cariola Díez Pérez-Cotapos, 62 Desmarais, 65 Condon & Forsyth, 7
Carpmaels & Ransford, 59, 65 Diwok Hermann Petsche Rechtsanwälte, 67 Conlin Bedard, 52
Cascione Pulino Boulos Advogados, 6 DLA Piper, 28, 37, 40, 46, 57, 65, 67, 86, 100 Conway, 29
Cassidy Levy Kent, 52 Dorsey & Whitney, 52 Cooley, 50, 69
Castrén & Snellman, 13, 35, 77 Duff & Phelps, 100 CorreaGubbins, 35
Chaffetz Lindsey, 30 Economic Laws Practice, 52 Corrs Chambers Westgarth, 40, 74
Chandhiok & Associates, 36 Economics Partners, 100 Cotney Construction Law, 40
Chapman Tripp, 13 Egorov Puginsky Afanasiev & Partners, 52 Covington & Burling, 30, 38
Charles Russell Speechlys, 40 Ellex Valiunas, 13 Cravath Swaine & Moore, 37
CHSH Cerha Hempel Spiegelfeld Hlawati, 35 Engarde, 30 Creel García-Cuéllar Aiza y Enríquez, 13, 32, 36 Clayton Utz, 50, 69 ENSafrica, 77
Crowell & Moring, 59, 67 Cleary Gottlieb Steen & Hamilton, 35, 36, 37, Estudio Echecopar, 43 81, 110 Cuatrecasas, 86 Eubelius, 46 Clifford Chance, 6, 7, 13, 16, 28, 37, 43, 71, 74, 86, 87 Davis Wright Tremaine, 38 Euclid Law, 35
Clyde & Co, 4, 5, 6, 7, 30, 79 De Brauw Blackstone Westbroek, 36, 65 Eversheds Sutherland, 22, 28, 36, 59
CMS, 92 De Pardieu Brocas Maffei, 74 EY, 86, 100
CMS Adonnino Ascoli & Cavasola Scamoni, Deacons, 86, 103 86 Fasken Martineau DuMoulin, 13, 37, 40, 74
Debevoise & Plimpton, 6, 7, 30, 40, 62 CMS Albiñana & Suárez de Lezo, 86 Fenwick & West, 83, 85, 87
112 EXPERT GUIDES RISING STARS FIRM INDEX
Fenwick Elliott, 40 Greenberg Traurig, 69 Jahae Raymakers, 110
FerradaNehme, 35 Greenberg Traurig Grzesiak, 37, 74 Jones Day, 28, 30, 40, 50, 52, 92
Ferrere, 28 GvW Graf von Westphalen, 52 K&L Gates, 6, 7, 13, 37, 40, 74
FINNIUS, 54 Haavind, 13 Kellerhals Carrard, 29
Fish & Richardson, 59 Hamelink & Van den Tooren, 86 Kennedys, 6, 50
Flick Gocke Schaumburg, 100 Hannes Snellman, 28, 40 Kim & Chang, 37
FORT Legal, 35 Hengeler Mueller, 36, 46 King & Spalding, 28, 46
FRANKLIN, 57 Herbert Smith Freehills, 6, 16, 28, 29, 110 King & Wood Mallesons, 29, 110
Franklin Weinrib Rudell & Vassasllo, 92 Heuking Kühn Lüer Wojtek, 50 Kingsley Napley, 103, 110
Fredrikson & Byron, 43 HFW, 6, 7, 50, 79 Kinstellar, 35
Freshfields Bruckhaus Deringer, 6, 28, 35, 36, Hogan Lovells, 28, 29, 35, 36, 43, 46, 50, 54, Kirkland & Ellis, 37, 38, 43, 54, 59, 65 37, 43, 65, 81, 86, 87 59, 65, 67, 69, 74, 77, 87, 95, 110
Kobre & Kim, 110 Fried Frank Harris Shriver & Jacobson, 37 Holland & Knight, 7
Kobylanska & Lewoszewski, 67 Frieh et Associés, 36 Homburger, 13, 37, 62
Konrad & Partners, 28 Gabriel Arbitration, 20, 26, 29 Houthoff, 40
KPMG, 86, 100 GANADO Advocates, 13 Hoyng Rokh Monegier, 64, 65
Krogerus, 77 Garrigues, 43, 52 HPP Attorneys, 74
LABLAW, 57 Gibson Dunn & Crutcher, 13, 35, 37, 74, 77 Hughes Hubbard & Reed, 7
Lalive, 29 Gide Loyrette Nouel, 35 Hunton Andrews Kurth, 67
Latham & Watkins, 16, 48, 95, 110 Glimstedt, 36 Ikeda & Someya, 36
Lee & Ko, 37 Goodmans, 13, 77 Ince Gordon Dadds, 79
Lefosse Advogados, 35 Goodwin, 59 Inteo, 65
Lenz & Staehelin, 37, 77, 103 Gowling WLG, 59, 95 Itäinen & Ojantakanen Attorneys, 43
Lévy Kaufmann-Kohler, 29 Grant Thornton, 97, 99, 100 Jackson Parton, 79
RISING STARS EXPERT GUIDES 113 FIRM INDEX
Leydig Voit & Mayer, 59 Meyerlustenberger Lachenal, 43 OHER Avocats, 110
Liad Whatstein & Co, 65 Mijares Angoitia Cortés y Fuentes, 95 Orrick Herrington & Sutcliffe, 28, 46
Liberty Chambers, 110 Milbank, 7, 75 Osborne Clarke, 36, 37
Lindahl, 59 Miller & Chevalier, 110 Osterling Abogados, 50
Linklaters, 15, 16, 35, 36, 65, 71, 74, 92 Mishcon de Reya, 110 O’Connell Brennan, 103
Lombardi Segni e Associati, 29 MLGTS, 29, 46 P+P Pöllath + Partners, 86
Loyens & Loeff, 36, 43 MolinoCahill Lawyers, 40, 46 Parlee McLaws, 65
Luther, 18, 23, 28 Morais Leitão, 86 Patentus, 65
Macfarlanes, 37 Moravcevic Vojnovic and Partners, 43 Paul Hastings, 29, 36, 74
Machado Meyer Advogados, 71 Morgan & Morgan, 95 Pestalozzi, 29, 110
Manner Spangenberg, 28 Morgan Lewis & Bockius, 54, 92 Philippi Prietocarrizosa Ferrero DU & Uría, 35
Mannheimer Swartling, 74 Mori Hamada & Matsumoto, 71 Pillsbury Winthrop Shaw Pittman, 6, 7, 50, 110 Maples Group, 86 Morrison & Foerster, 43, 67
Pinheiro Neto Advogados, 16, 35, 48, 92 Marks & Clerk, 65 Moulis Legal, 52
Pinsent Masons, 30, 40, 46, 59, 65, 71 Marsigny Gosset Avocats, 110 Mourant, 13
Pirkey Barber, 95 Matheson, 6, 110 NERA Economic Consulting, 99, 100
Plesner, 59 Maucher Jenkins, 94, 95 Niederer Kraft Frey, 16, 43
PLMJ, 43, 46, 86, 103, 110 Mayer Bornw, 92 Nishimura & Asahi, 29
Poncet Turrettini, 62 McAfee & Taft, 7 Nixon Peabody, 74
Powell Gilbert, 65 McCann Fitzgerald, 7 Noble Shipping Law, 79
PwC, 86, 100 McCarthy Tétrault, 74 Noerr, 28
Quinn Emanuel Urquhart & Sullivan, 28, 29, McDermott Will & Emery, 23, 28 Norton Rose Fulbright, 6, 7, 16, 29, 37, 62, 86, 35, 37 95
McGuireWoods, 46 Rajah & Tann, 40 Ogier, 13
114 EXPERT GUIDES RISING STARS FIRM INDEX
Reed Smith, 7, 48, 67, 79 Slaughter and May, 35, 37 Van Bael & Bellis, 59, 67
RFF & Associados, 86 Smart & Biggar/Fetherstonhaugh, 65, 95 Van Benthem & Keulen, 67
Ropes & Gray, 38, 77 Smith Gambrell & Russell, 7 VanNiekerkCieremans, 50
Roschier, 35, 36 Sorainen, 36 VBArbitration, 29
Russell McVeagh, 62 Spoor & Fisher, 59 VdA Vieira de Almeida, 37, 74, 92
Sayenko Kharenko, 37 Squire Patton Boggs, 6, 28 Vedder Price, 7
Schellenberg Wittmer, 9, 11, 12, 13, 24, 25, 26, Stek, 6 Venable, 95 27, 29, 56, 57, 61, 62, 102, 103, 107, 108, 109, 110 Stephenson Harwood, 6 Vinge, 13
Schindler Attorneys, 86, 100 Steptoe, 52 Vinson & Elkins, 44, 46, 48, 71
Schönherr, 40 Stibbe, 48 Von Seidels, 95
Schulte Roth & Zabel, 81 Stieber Berlach, 50 VVGB Advocaten, 52
Scott Douglass & McConnico, 46 Taylor Wessing, 46 Wachtell Lipton Rosen & Katz, 34, 37, 42, 44, 61, 62 Sérvulo & Associados, 86 Tethong Blattner, 110 Walden Macht & Haran, 62 Seven Summits Arbitration (7SA), 22, 28 The Lanier Law Firm, 62 Walder Wyss, 29, 37, 42, 43, 73, 74, 86 Shalakany Law Office, 43 Three Crowns, 28, 30 Walkers, 6 Shardul Amarchand Mangaldas & Co, 36, 50 TMI Associates, 79 Waselius & Wist, 13 Shearm Delamore & Co, 74 Torys, 46, 77 Watson Farley & Williams, 6, 7, 79 Shearman & Sterling, 16, 28, 30, 75 TozziniFreire Advogados, 59 Webber Wentzel, 37 Sidley Austin, 29, 38, 44, 52, 54, 59, 81, 87, 110 TREUCO AG, 86 Weil Gotshal & Manges, 38, 77 Simmons & Simmons, 54 Trilegal, 36 White & Case, 6, 29, 30, 35, 36, 44, 65, 71, 74, Simpson Thacher & Bartlett, 54, 62 77, 87, 110 Ugarte Ried y Correa, 62
Siqueira Castro - Advogados, 48 White and Williams, 50 Uría Menéndez, 13, 46, 48, 86
Skadden Arps Slate Meagher & Flom, 13, 30, Wiley Rein, 52 35, 65, 95 VedderPrice, 7
RISING STARS EXPERT GUIDES 115 FIRM INDEX
William Fry, 13
Willkie Farr & Gallagher, 77
WilmerHale, 28, 30
Wistrand, 79
Wenger & Vieli, 37
Wotton + Kearney, 50
Yulchon, 37
Zang Bergel & Viñes, 77
116 EXPERT GUIDES RISING STARS