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GAR 100 - 5th Edition

Jones Day

06 March 2012

Some good results offset the loss of a big name in Asia

People in Who’s Who:
2
Pending cases as counsel:
48
Value of pending counsel work:
US$ billion
Treaty cases:
3
Current arbitrator appointments:
14 (of which 10 is as sole or chair)
No. of lawyers sitting as arbitrator:
7

Jones Day’s Paris office has long been regarded as a serious player on ICC work. Michael Bühler, a partner there, is co-author of a handbook on ICC arbitration. More recently, he co-headed the drafting subcommittee for the recently revised ICC rules. Meanwhile in Madrid, partner Mercedes Fernández, who is an alumnus of Bernardo Cremades’ firm, has a successful track record on investment treaty claims with a Spanish angle.

The firm is also home to Sigvard Jarvin, the prominent Swedish counsel and arbitrator – and for many years the general editor of the SCC’s review in Sweden.

Who uses it?

Enersis (a Chilean subsidiary of Endesa) is using the firm on a BIT claim against Argentina. So is Spanish water company Urbaser.

Técnicas Medioambientales and Cemex have used the firm on arbitration with a Spanish law or language element.

In Asia, the firm has advised China’s Petrocom (in a claim against its US financial adviser, Westminster Securities) and the government of Laos (in a dispute with Thai and Laotian companies over a coal-mining contract and an agreement to develop a power plant).

Other clients are known to include Chevron, Siemens, Russian mining company AGD, Supreme Fuels Trading and Veolia Environment.

Track record

Back in 2003, in the first ICSID arbitration brought under the Spain-Mexico bilateral investment treaty, the Madrid office secured a win for Técnicas Medioambientales in its claim against Mexico. The state was ordered to pay US$5 million plus interest.

In a case for Veolia – concerning a hazardous waste landfill in Mexico – the firm won US$47 million, just over half of the purchase price.

The firm also negotiated a favourable end to a dispute about a billion-dollar diamond find in Russia, on behalf of AGD. The client’s business partner, Archangel Diamond Corporation, had initiated arbitration in Stockholm.

In the matter for Laos, though, the client was ordered to pay the Thai and Laotian companies US$57 million.

Recent events

The firm said farewell to Chinese practitioner Jingzhou Tao, who left to become head of Dechert’s Asia arbitration practice in Beijing.

In Paris, of counsel Jacob Grierson left to join McDermott Will & Emery’s partnership, while Dutch lawyer Annet van Hooft left to join Bird & Bird as senior European counsel.

In its case for Supreme Fuels, Jones Day won US$32 million (the tribunal found Californian company Cyrios had wrongly repudiated an agreement to supply the UAE business jet fuel from Turkmenistan at a fixed price).

The firm has also been advising Chevron in connection with the oil major’s BIT claim against Ecuador (along with King & Spalding). Those proceedings produced an important interim measures order in 2011 ordering Ecuador to take steps to suspend enforcement of any judgment against Chevron. This was subsequently confirmed as an interim award in January 2012.

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