Dr. Alice Broichmann Rechtsanwältin
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Dr. Alice Broichmann Rechtsanwältin P+P Pöllath + Partners Kardinal-Faulhaber-Straße 10 80333 Munich Germany Tel. +49 (0)89 242 40 224 Fax +49 (0)89 242 40 989 [email protected] www.pplaw.com Dr. Alice Broichmann is head of the dispute resolution practice of P+P Pöllath + Partners. Her practice focuses on international arbitration and litigation in the fields of M&A, corporate and general commercial law. Dr. Broichmann joined P+P Pöllath + Partners in 2000. Initially, she focused on M&A, private equity and corporate law. Since 2004 she has been developing the firm’s dispute resolution practice with special focus on these fields. She received her legal education at the Universities of Passau, Munich and Augsburg (Doctor of Laws – Dr iur, 2000). She has been acting as counsel, co-counsel and arbitrator in several cases (DIS, Swiss Chambers, ad hoc) related to pre-closing disputes, purchase price adjustments as well as representations and warranties in the field of M&A. Her industry experience includes inter alia automotive, fire protection, telecommunications, chemicals, pharmaceuticals and body protection technology. Dr. Broichmann is a member of the German Institution of Arbitration (DIS), the DIS40 of the German Institution of Arbitration, the Young Austrian Arbitration Practitioners (YAAP), Arbitral Women and International Bar Association (IBA). Dr. Alice Broichmann regularly speaks and publishes on international commercial arbitration and litigation. Inter alia, she is lecturer at the Postgraduate Course of Studies "Mergers & Acquisitions" at the University of Münster. Recent publications include: • Beurkundung von Schiedsordnungen (Notarization of Arbitration Rules), SchiedsVZ 2008, 274 – 279 (with Claudia Matthäus) • Disputes in the Fast Lane: Fast-Track Arbitration in Merger and Acquisition Disputes in: International Arbitration Law Review, Issue 4, 2008, 143 – 152 • Die neuen "Ergänzenden Regeln für Beschleunigte Verfahren" der Deutschen Institution für Schiedsgerichtsbarkeit (The new "Supplementary Rules for Expedited Proceedings" of the German Institution of Arbitration), beck-fachdienst Mergers & Acquisitions (online), 14/2008 • Unternehmenskaufverträge und AGB-Kontrolle (Company purchase agreements and control by general terms and conditions), beck-fachdienst Mergers & Acquisitions (online), 14/2007 P+P Pöllath + Partners is a law firm with offices in Berlin, Munich and Frankfurt, specialized in M&A and corporate, private equity, investment funds, real estate, tax and dispute resolution. Bart Legum Partner, Paris Tel: +33 1 42 68 48 70 Fax: +33 1 42 68 71 55 Email: [email protected] Bart Legum is a partner in Salans' Paris office and head of the firm's investment treaty arbitration practice. Bart has over 20 years' experience in litigating complex cases and has argued before numerous international arbitration tribunals, the International Court of Justice and a range of trial and appeals courts in the United States. His practice focuses on international arbitration and litigation in general and arbitration under investment treaties in particular. From 2000 to 2004, Bart served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser, United States Department of State. In that capacity, he acted as lead counsel for the United States Government defending over $2 billion in claims submitted to arbitration under the investment chapter of the North American Free Trade Agreement (NAFTA). The United States won every case decided under his tenure. Bart is a member of the Executive Committee, the Council and the Administration Committee of the American Bar Association's Section of International Law. He is the Section's Financial Officer and Chair of the Financial Committee. He served as Programs Officer from 2006-2008, Chair of the Section's Disputes Division from 2004-2006 and as Co-Chair of the Section's International Litigation Committee from 1999 to 2003. He is also an officer of the Mediation Committee of the International Bar Association. He is the editor of International Litigation Strategies and Practice (2005), a book published by the American Bar Association. Bart is often published on international dispute resolution topics and frequently speaks at conferences on international arbitration and litigation. Recent experiences: Arbitrator in an ICSID arbitration between Middle Eastern companies and a Middle Eastern State under a bilateral investment treaty Counsel for a Dutch company in an ICSID arbitration against an Eastern European State under a bilateral investment treaty Counsel for a German company in an ICSID arbitration against an Eastern European State under a bilateral investment treaty Counsel for a US company in an ICSID arbitration against an African State under a bilateral investment treaty. Counsel for high net-worth individuals in an UNCITRAL arbitration against an Eastern European State and related court proceedings. Counsel for an Eastern European State in an ICSID arbitration brought by a US company. Counsel for a Central Asian State and state enterprises in SCC and ICSID arbitrations brought by a US company. Counsel for US companies in an ICSID arbitration under the investment chapter of the North American Free Trade Agreement. Advice to a government in UNCITRAL arbitrations under the investment chapter of the North American Free Trade Agreement. Paris 5099066.3 Counsel to a European company with respect to investigations by the US Department of Justice and Securities and Exchange Commission into allegations of corruption in the company’s worldwide operations. Counsel for a US company with respect to an informal inquiry by the US Securities and Exchange Commission into allegations of corruption at the company’s operations in a European country. Counsel for a US company with respect to a criminal investigation by the French authorities into an environmental incident. Counsel for a UK company with respect to a Nigerian transaction qualified as “suspicious” by the company’s independent auditors. Counsel for UK and Netherlands companies with respect to an action in US court on behalf of a purported worldwide class of securities purchasers. Career: Joined Salans in 2009 Debevoise & Plimpton LLP, Paris, France (2004-2008) Chief, NAFTA Arbitration Division, United States Department of State, Washington, DC (2000-2004) Debevoise & Plimpton LLP, New York, New York (1987-1999) Law Clerk for the Honorable Carolyn Dineen King, United States Court of Appeals for the Fifth Circuit, Houston, Texas (1986-1987) Admitted to the New York Bar in 1988 and to the Paris Bar in 2008. Financial Officer and Chair of the Finance Committee, Member of Executive Committee, Council and Administration Committee, Section of International Law of the American Bar Association, 2008-present. Programs Officer and Chair of the Programs Committee, Member of Council and Administration Committee, Section of International Law of the American Bar Association, 2006-2008. Chair, Disputes Division, Section of International Law of the American Bar Association, 2004-2006 (responsible for oversight of International Commercial Dispute Resolution, International Litigation, International Courts and International Criminal Law Committees). Co-Chair, International Litigation Committee, Section of International Law of the American Bar Association, 1999-2003 (Vice-Chair, 1997-1999). Member, Ad Hoc Group of Experts on International Investment Law, United Nations Conference on Trade and Development (2007-present). Vice-Chair, Subcommittee on State Mediation, Mediation Committee, International Bar Association, January 2008-present. Associate Editor, Transnational Dispute Management, 2004-present. Member, Commission Française de l’Arbitrage International, ICC Comité National Français, 2005-present. Member, Roster of Foreign Arbitrators, ICC French National Committee, 2005-present. Member, American Society of International Law, 2005-present (Member, Disputes Resolution Interest Group, 2005-present). Member, American Branch of the International Law Association, 1988-present (Member, Committee on International Civil and Commercial Dispute Resolution, 2003-present). Member, London Court of International Arbitration, 2005-present. Education: Université de Paris II, D.E.A. in public international law (1987) University of Georgia School of Law, J.D. magna cum laude (1985) Rice University, B.A. (1982) Paris 5099066.3 Languages: English French Spanish (basic) Selected Publications: Book Editor, International Litigation Strategies and Practice (ABA Int’l Practitioner’s Deskbook Series 2005). Articles, Essays and Notes Coûts et durée des procédures (étude comparée des mécanismes CIRDI et CNUDCI), 6 Revue Droit & Affaires 52 (2008). The Definitions of Precedent in International Arbitration, in Emmanuel Gaillard & Yas Banifatemi, Eds., Precedent in International Arbitration 5 (2008). Understanding Performance Requirement Prohibitions in Investment Treaties, in Arthur W. Rovine, Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2007 53 (2008). Book Review, Investment Disputes under NAFTA: An Annotated Guide to NAFTA Chapter 11, 24 Arb. Int’l 347 (2008). Are States Responsible for the Acts of Their Instrumentalities? Case Law of Tribunals Other Than ICC and ICSID, in Emmanuel Gaillard & Jennifer Younan, Eds., State Entities in International Arbitration 57 (2008). Options to Establish an Appellate Mechanism for Investment Disputes, in Karl P. Sauvant & Michael