Jimmy Kodo Arbitration Lawyer of the Year France Page 16
LegalAwards2022 FM Hello and welcome to the 2022 edition of the Finance Monthly Legal Awards! Year after year, it is Finance Monthly’s honour to distinguish and celebrate the top experts and firms in the legal field that have excelled and pushed the envelope in all aspects of their work. Our special 2022 edition of the Finance Monthly Legal Awards presents a truly elite group of leaders and companies that are continuously setting new standards not just within their organisations, but within the industry as a whole. At Finance Monthly, we are delighted to introduce our 2022 Finance Monthly Legal Awards – a celebration of the true innovators in the legal sector! Congratulations to our winners and finalists! Finance Monthly Legal Awards 2022 Introduction 5 www.finance-monthly.com
Introducing the Winners... LegalAwards2022 FM 6 www.finance-monthly.com Finance Monthly Legal Awards 2022 Index
EUROPE AUSTRIA Ewald Oberhammer Oberhammer Rechtsanwälte GmbH Corporate Immigration Lawyer of the Year Wolfgang Orsini Wolfgang A. Orsini und Rosenberg Real Estate Law Lawyer of the Year BELGIUM Joachim Meese Advocatenkantoor Joachim Meese Human Rights Lawyer of the Year Seno Devriendt Advocaat Seno Devriendt Criminal Law Lawyer of the Year BULGARIA Svetla Kacharova SK Law Firm Insolvency Adviser of the Year 46 DENMARK VALUA VALUA Patent Law Firm of the Year FINLAND Tomi Kemppainen Castrén & Snellman Attorneys Ltd Employment Law Lawyer of the Year FRANCE Benoît Denis Huglo Lepage Avocats Industrial and Environmental Risks 42 Adviser of the Year Jérémie PALACCI Cabinet Netter Patent Drafting, Prosecution Lawyer of the Year Jimmy Kodo Jimmy Kodo, Avocat à la Cour International Arbitration Lawyer of the Year 16 Michel Allain BorgWarner Patent Lawyer of the Year GERMANY Gregor Lambertz König Rechtsanwälte PartG mbB Inheritance Law Lawyer of the Year 48 Hans- Jürgen Müggenborg Kanzlei Prof. Müggenborg Environmental Law Lawyer of the Year Joachim Wachenfeld Vossius & Partner Patent & Utility Model Prosecution Lawyer of the Year Jörg Wagner Trierpatent Intellectual Property Lawyer of the Year Markus Pflügl SKUSA Partners Company Law Lawyer of the Year Oliver Scherenberg SCHERENBERG LEGAL & LICENSING Intellectual Property Law Firm of the Year Peter Gellner RAe Gellner & Collegen Specialist Lawyer for Medical Law Robert Whitener Greenberg Traurig Germany, LLP Arbitration Adviser of the Year Thomas Kimpfbeck Thomas Kimpfbeck Patent Law Firm of the Year 7 www.finance-monthly.com Finance Monthly Legal Awards 2022 Index
Dominik Schroeder Notar Dr. Schroeder Notarial Procedures Adviser of the Year Malte Strüber Andersen Rechtsanwaltsgesellschaft Tax Law Lawyer of the Year Steuerberatungsgesellschaft mbH Martin Weimann DR. MARTIN WEIMANN RECHTSANWALT Corporate Law Lawyer of the Year 30 Michael Schmittmann Heuking Kühn Lüer Wojtek Gaming Law Lawyer of the Year Ralf Dietmar Härer Reble & Klose Patent Lawyer of the Year 40 GREECE Irini Daroussou A.& K. Metaxopoulos and Intellectual Property Lawyer of the Year Partners Law Firm ITALY Elio Bergamo Studio Notarile Bergamo Notarial Procedures Adviser of the Year 34 Francesca Petronio Willkie Farr & Gallagher LLP Dispute Resolution Lawyer of the Year Giuseppe Ferrante Avvocati di Roma Real Estate Law Lawyer of the Year 50 Enrico Di Fiorino Fornari e Associati Law Firm Business Crime Lawyer of the Year Giacomo Rojas Elgueta D|R Arbitration & Litigation Arbitration Adviser of the Year Roberta Victoria Nucci ITC Law Reinsurance Lawyer of the Year 51 LUXEMBOURG John Tan Ernst & Young S.A Insolvency Adviser of the Year NETHERLANDS A.W. van Gemert Van Gemert advocaat Criminal Law Lawyer of the Year Camilla Macpherson P.R.I.M.E. Finance Foundation Arbitration Adviser of the Year Ivo Leenders VOI Advocaten Administrative Law Lawyer of the Year NORWAY Gjert Melsom, EY TMT & Blockchain Team of the Year 52 Anthon Søegaard & Mads Ribe PHILIPPINES Arturo Del Rosario DelRosarioLaw Admiralty and Maritime Law Lawyer of the Year PORTUGAL Nelson Soares Moreira Nelson Soares Moreira Insolvency Adviser of the Year 8 www.finance-monthly.com Finance Monthly Legal Awards 2022 Index
SPAIN Cristina Camarero Espinosa ONTIER ESPAÑA Litigation & Dispute Resolution Lawyer of the Year Ingrid Barruz González Lener Environmental Law Lawyer of the Year SWEDEN Caroline Landerfors MAGNUSSON Insurance Law Lawyer of the Year Pontus Bergsten Schjodt Gaming Law Lawyer of the Year SWITZERLAND Didier Kipfer Kipfer Anwaltskanzlei Civil Law Lawyer of the Year Giuseppe Donatiello WAEBER AVOCATS Labor Law Lawyer of the Year Iain Sandford Sidley Austin LLP Global Arbitration, Trade and Advocacy Lawyer of the Year Patrick Nützi Nützi & Partners Ltd. Commercial Law Lawyer of the Year 26 Pierluca Degni Degni & Vecchio Litigation Lawyer of the Year TURKEY Ayşen Kunt Kodiak Law & IP Services Intellectual Property Lawyer of the Year UNITED KINGDOM Andrew Gilchrist Lupton Fawcett LLP Employment Law Lawyer of the Year David Foster Moore Barlow LLP Dispute Resolution Lawyer of the Year Emel Yilmaz Global Immigration Law UK Visa Law Lawyer of the Year 29 Emma Reynolds Crowe UK Corporate Tax Adviser of the Year Ian Reid Shoosmiths Construction Law Lawyer of the Year 55 James Thornton Paradigm Family Law LLP Family Law Lawyer of the Year Laurence Field Crowe UK Transfer Pricing Adviser of the Year Michael Zuckerman Redress Solutions PLC Insolvency Adviser of the Year Nadeem Majid M & M Solicitors Criminal Law Lawyer of the Year Nigel Rackham PwC Restructuring Adviser of the Year Qasim Nawaz Adel & Haque Employment Law Law Firm of the Year Rem Noormohamed Fieldfisher Communications Lawyer of the Year 9 www.finance-monthly.com Finance Monthly Legal Awards 2022 Index
Richard Mair The Chartered Institute of Patent Attorneys Patent Lawyer of the Year AMERICAS BOLIVIA Eduardo Quintanilla Ballivián Bufete Aguirre, Quintanilla, Corporate M&A Lawyer of the Year Soria & Nishizawa BRAZIL Antonio ricardo Correa Eduardo Biondi Advogados Real Estate Lawyer of the Year 58 Bruna Liberato de Castro Bradesco Private Bank Wealth Management Adviser of the Year BRITISH VIRGIN ISLANDS Hana Doumal BVI International Arbitration Centre International Arbitration Lawyer of the Year CANADA Christine Marks ESTATE MULTIPLIERS Financial Planning Adviser of the Year 59 Ed Montigny Montigny Law Consent, Capacity & Decision Making Lawyer of the Year Etienne de Villiers SCIEX Trademark Lawyer of the Year Kelly Cook WASH Laundry General Counsel of the Year Olivier Chouc CN In-house Legal Executive of the Year 61 Shamsher Kothari Shamsher Kothari Crime & Tax Defence Lawyer of the Year Uzo Aghaegbuna Stanley Law Office Immigration & Refugee Law Firm of the Year COSTA RICA Alberto Fernández López BTA Legal Dispute Resolution Lawyer of the Year Jorge Chacón Mora CJA Abogados Arbitration Adviser of the Year 62 MEXICO Fernando Estavillo-Castro Estavillo | Arbitraje Arbitration Adviser of the Year María Teresa Eljure Eljure Legal Intellectual Property Lawyer of the Year Víctor Vila Vila Business Law Firm of the Year 64 PANAMA Icaza, González-Ruiz Icaza, González-Ruiz & Alemán Intellectual Property Law Firm of the Year 10 www.finance-monthly.com Finance Monthly Legal Awards 2022 Index
USA Annemargaret Connolly Weil, Gotshal & Manges LLP Environmental Transactions Lawyer of the Year Ayse Lowe Bench Walk Advisors LLC Dispute Resolution Adviser of the Year Christopher Fusselman The Fusselman Law Firm, P.C. Subrogation Law Firm of the Year 66 Craig Glidden LyondellBasell Chief Legal Officer of the Year Diane Mispagel ROSENBLUM GOLDENHERSH Landlord and Tenant Law Lawyer of the Year Donald Baker Baker & Miller PLLC Competition Lawyer of the Year Howard Tescher Tescher Mediation Group, Inc. Mediation Expert of the Year James Laukkonen Laukkonen Law, PLLC Criminal Defense Lawyer of the Year James Ryan Ryan Law Firm Administrative & Governmental Lawyer of the Year Janice Bader Symbus Law Group PLLC Intellectual Property Law Firm of the Year Jeffrey Luszeck SOLOMON DWIGGINS Trust & Estate Litigation Lawyer of the Year FREER & STEADMAN, LTD. Jim Figura Horizon In-house Lawyer of the Year John Harwick Stewart Jones Hacker Murphy LLP Personal Injury Law Lawyer of the Year Joseph Gibson Employment Law Center of Maryland Employment Law Lawyer of the Year 68 Joseph Welch II Pattishall, McAuliffe Trade Marks Lawyer of the Year Michael Mortell Law Offices of Michael J. Mortell Civil Trial Lawyer of the Year Michael Williams Brown Sims Admiralty and Maritime Law Lawyer of the Year Mudit Kakar Choi Capital Law PLLC Intellectual Property Lawyer of the Year Rabeh Soofi Axis Legal Counsel Business Law Lawyer of the Year Raviv Surpin Vedder Price Global Transportation Finance Adviser of the Year Richard Rosen Rosen Law LLP Franchising Law Firm of the Year 70 Thomas Cullen Burke, Scolamiero & Hurd, LLP Medical and Professional Malpractice Lawyer of the Year Valencia Poitier American Integrity Insurance Group Litigation Lawyer of the Year Wentzelee Botha BROWN & WINTERS Environmental Law Lawyer of the Year 71 Wolters Kluwer CT Corporation Legal Technology Innovation of the Year - UCC Hub - UK 11 www.finance-monthly.com Finance Monthly Legal Awards 2022 Index
Yoni Markhoff MarkhoffPA Estate Planning Lawyer of the Year 73 ASIA CHINA Li Liangji ZhongYin Law Firm Investment and Financing Lawyer of the Year 76 Xiaolin Huang ZY Parnets Patent Lawyer of the Year 77 HONG KONG Stephen Crosswell Baker Mckenzie Investigations Lawyer of the Year Tony Ko Plowman Chambers Barrister of the Year INDIA Aakash Choubey Khaitan&Co M&A Lawyer of the Year 78 Aarty Iyer J Sagar Associates Commercial Law Lawyer of the Year 79 Rahul Donde Lévy Kaufmann-Kohler Arbitration Adviser of the Year Ribhu Garg Tuli & Co Insurance Law Lawyer of the Year Sharad Vadehra YOUR INDIAN CONNECTION® Patent Lawyer of the Year KAN AND KRISHME JAPAN Osamu Hamada Hamada International Patent Patent Lawyer of the Year and Trademark Office Ryota HARA Asamura Patent Office Trademark Lawyer of the Year LEBANON Malek Kallas Kallas Law Firm Medicine and Ethics Law Lawyer of the Year 32 SAUDI ARABIA Fahad AlDehais AlMalki SuhailPartners LLP Capital Markets Lawyer of the Year Layla Tatwany Ma’aden | Saudi Arabian Mining Company TMT Law Lawyer of the Year 22 Kyunghwan Kim Minwho Law Group Patent Lawyer of the Year 36 UAE Antony Single Pillsbury Winthrop Shaw Pittman LLP Banking & Finance Lawyer of the Year 12 www.finance-monthly.com Finance Monthly Legal Awards 2022 Index
Norton Rose Fulbright Norton Rose Fulbright (Middle East) LLP Insurance Law Firm of the Year AFRICA SOUTH AFRICA Deonn Fourie Tiefenthaler Attorneys Construction Law Lawyer of the Year Mike Patterson Patterson and Associates South Africa Marine Surveyors Adviser of the Year Philip Webster Websters Legal International Banking and Project Finance Adviser of the Year UGANDA Daniel Angualia Angualia Busiku & Co. Advocates Company Law Lawyer of the Year AUSTRALASIA AUSTRALIA David Davis David Davis & Associates Business Succession Lawyer of the Year Emma Macfarlane Macfarlane Law Commercial Litigation Lawyer of the Year Keely Boom Boom Lawyers Wills & Estates Law Lawyer of the Year Will Daymond Galderma In-house Lawyer of the Year Judy Zhou Nyman Gibson Miralis White Collar Defense Lawyer of the Year John Tarrant Dr John Tarrant Barrister-at-Law Public and Administrative Law Lawyer of the Year 83 Rebecca Maslen-Stannage Herbert Smith Hills Equity Capital Markets Lawyer of the Year 84 Tristan F. Pagliano Jones Day Global Disputes Lawyer of the Year 85 13 www.finance-monthly.com Finance Monthly Legal Awards 2022 Index
Featured Winners
Jimmy Kodo Avocat à la Cour Arbitration Lawyer of the Year - France Layla Tatwany TMT Law Lawyer of the Year - Saudi Arabia PatrickNützi Nützi & Partners Ltd. Commercial Lawyer of the Year - Switzerland Emel Yilmaz GLOBAL IMMIGRATION LAW LTD Corporate Immigration Lawyer of the Year - United Kingdom Martin Weimann Dr. Martin Weimann RECHTSANWALT Corporate Lawyer of the Year - Germany Malek Kallas Kallas Law Firm Medicine and Ethics Lawyer of the Year - Lebanon Elio Bergamo Studio Notarile Bergamo Notarial Procedures Lawyer of the Year - Italy Kyunghwan Kim Minwho Law Group Patent Law Lawyer of the Year - South Korea Dr. Ralf-Dietmar Härer Reble & Klose Patent Lawyer of the Year - Germany Benoît Denis Huglo Lepage Avocats Industrial and Environmental Risks Lawyer of the Year - France 16 22 26 28 30 32 34 36 40 42
Finance Monthly Legal Awards 2022 France 16 www.finance-monthly.com Avocat à la Cour Jimmy Kodo About Jimmy Kodo, FCIArb Dr Mahutodji Jimmy Vital Kodo is an attorney at law in France with significant experience as an international arbitrator specialising in commercial and investment disputes. He is a member of many renowned arbitration centres such as the Permanent Court of Arbitration (PCA) in the Netherlands; the Africa Commission of the International Court of Arbitration of the International Chamber of Commerce (ICC) in France; the Singapore International Arbitration Court Users Council (SIAC) in Singapore. From 2014 to 2016, he was the Technical Advisor to the President of the Common Court of Justice and Arbitration (CCJA) of the Organisation for the Harmonisation of Business Law in Africa (OHADA - Côte d’Ivoire), the only attorney to have held such position within the Organisation since its creation. In 2020, Dr Kodo authored the book ‘Arbitration in Africa under OHADA Rules’ (published by Kluwer Law International; foreword by Dr Won Kidane, esq., and prefaced by Professor Emmanuel Gaillard). A Fellow of the Chartered Institute of Arbitrators (FCIArb - United Kingdom), Dr Kodo is a certified arbitrator of the CCJA and is listed on the Arbitrator Roster list of many institutions around the world (inter alia, LCA - Nigeria; MIAC – Mauritius; KIAC – Rwanda; IAI - France and the Shanghai Arbitration Commission - SHAC - China). He also played a critical role as an independent practitioner, acting as coarbitrator in investor-state disputes and as sole arbitrator and counsel in commercial and construction disputes in both English and French. In 2021, as a consultant for the Investment Climate Reform (ICR) Facility (co-funded by the European Union, the Organization of African, Caribbean and Pacific States and implemented by Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH - GIZ, the British Council - BC, Expertise France - EF, and Stichting Nederlandse Ontwikkelingsorganisatie - Netherlands Development Organisation, SNV), he revised the Arbitration Rules of the National Centre for Arbitration, Conciliation and Mediation (CENACOM) of Kinshasa, Democratic Republic of Congo, and also trained more than 80 arbitrators of the centre. A native of the Republic of Benin, Dr Kodo speaks fluently French and English. Graduated Summa Cum Laude with a PhD in Law from the University of Paris-Est Créteil (France), a Master of Law in Corporate Law from the University of Lille (France) and a Master’s in Business Law from the University of AbomeyCalavi (Benin).
17 www.finance-monthly.com Contact Details Jimmy Kodo, Avocat à la Cour 74, Rue Sartoris, 92250 La GarenneColombes, France Tel: +33 (0)7 82906656 E: jkodo@kodolaw.com W: www.kodolaw.com Arbitration Lawyer of the Year France
An Interview with Jimmy Kodo, FCIArb Can you please tell us about some of the work that you are undertaking at the moment? While my office is based out in the Paris region in France where I specialise in litigation and arbitration, I currently have a strong presence on the African continent. Recently, as a consultant for the Investment Climate Reform (ICR) Facility, I drafted the revised version of the Arbitration Rules of a country in the Central Africa region and trained more than 80 arbitrators of the centre. I am currently working on an English version of the Arbitration Rules of a Centre in the Region. One of my passion lies in helping others succeed. I contribute to the success of my peers by working on several arbitration-related books and preparing training material for arbitrators. What led you to pursue a career in finance and ADR (alternative dispute resolution)? I need to confess that initially, I was not particularly attracted to finance. As a child, I wanted to become a judge. However, I realised with time that I would not want to be led by the circumstances of a case to sentence an innocent person to jail. Thus, I decided to become a lawyer instead. When I was at the Bar school in Paris, an attorney specialised in alternative dispute resolution came to speak to us. What I learned from his several decades of experience in arbitration impacted me and I was “contaminated” by his passion for ADR – especially arbitration. He taught me I could still act “as a judge” without the framework of the court system if I served on a panel as an arbitrator. What significant challenges did you overcome to get to where you are today? As a young lawyer from a visible minority, who had to start from scratch in a very competitive and highly selective environment, without having graduated from a top-tier law school and lacking experience from a “big law firm”... I have had to overcome these and many more challenges. What development have you observed in your jurisdiction during your time working in the arbitration and ADR sector? France, with the ICC Arbitration Court in Paris and its arbitration legislation and court system, is highly regarded as a great place for ADR. I have been struck by the way some recent arbitration-related court rulings of the Paris Court of Appeal and sometimes the French “Cour de cassation” (France’s highest court handling arbitration-related disputes) on the limitation of the Competence-Competence principle by the public policy, in cases such as Indrago and Belokon, seem to confuse some seasoned arbitration specialists. This is notable, as such limits were set from the very beginning by one of the first landmark cases on the limitation of the Competence-Competence principle by public policy in arbitration, dating back to 1963 (see Cass. 1° civ.7-5-1963: Bull. civ. I n°246). What pitfalls should parties preparing to arbitrate watch out for? There are many such pitfalls. At an early stage, even before disputes arise – such as while contracts are being drafted – it is important to avoid “pathological clauses”, i.e. dispute resolution clauses so poorly drafted that they can lead to a dispute on their own or make the resolution of a dispute they are designed to help solve more complicated, if not impossible. Parties (counsel in most cases) should also avoid choosing a centre they do not know well, and take basic precautions such as ensuring that every party to a contract is clearly In many cases, the jurisdiction in which an award is being enforced (usually where the losing party has assets) is much more important than the seat of the tribunal. “ “ Finance Monthly Legal Awards 2022 France 18 www.finance-monthly.com
designated in the contract by specifying the address and the corporate registration number for a corporation or legal entities. While there is already a dispute, some pitfalls to watch out for include poor counsel and arbitrator selection, not waiving the appropriate provisions of the Rules of the chosen centre (where applicable) and untimely objection-raising, whether on jurisdiction of the arbitral tribunal or on admissibility of evidence or a witness statement. What would you suggest to a party undergoing this process to be careful with in order to ensure the best result? I would insist again on careful selection of counsel; it is also important to adopt a proper strategy regarding costs because at the end, most tribunals would consider the general “behaviour” of parties during the proceedings while allocating costs. So, any party that attempted to use dilatory tactics during the proceedings may end up having to bear the costs of the opposing party or a substantial part of them. Do you have any other advice to offer for counsel regarding arbitration? In addition to the advice above, I would suggest a careful selection of the seat of the arbitration – keeping in mind, to the greatest extent possible, the jurisdiction under which a potential award would be enforced. Many practitioners tend to care only about the venue (seat of the arbitration) and the applicable rules, but the most important thing is the ease with which the prevailing party will or will not be able to enforce the arbitral award. In many cases, the jurisdiction in which an award is being enforced (usually where the losing party has assets) is much more important than the seat of the tribunal. Therefore, it is important to watch for the potential place(s) for enforcement. If you have the perfect arbitral award that stands all challenges, but which you cannot enforce in the only jurisdiction where there are assets, because the judge in that jurisdiction considers your award to be in breach of their public policy, you would have laboured in vain. It can be a true challenge to determine in advance the jurisdiction in which one might need to seek enforcement of an arbitral award; but the more predictable it will be, the easier it will be to organise. It is not always possible, but parties must watch out for that. Is there a particular piece of advice that you would give to a less experienced legal practitioner who wants to specialise in arbitration? First, I would suggest getting proper training in arbitration, whether in a university or by specialised institutions. Personally, I was trained by the Chartered Institute of Arbitrators, of which I am a Fellow. However, there are many other very good institutions out there providing substantial training in arbitration. Second, attend arbitration-related events (conferences, workshops, etc.) and use them to network. Read and write on the topic whenever you can; embrace any opportunity to speak at such events and any opportunity to serve as secretary to an arbitral tribunal. For any of the above, strive to be meticulous. If you had to choose, which of your career achievements are you most proud of having accomplished? This question is somewhat challenging, because there are many achievements I am proud of and it is not easy to choose between them. One of them is that I was able to introduce specific provisions in the revised Arbitration At an early stage, even before disputes arise – such as while contracts are being drafted – it is important to avoid “pathological clauses “ “ “ Finance Monthly Legal Awards 2022 France 19 www.finance-monthly.com
Rules I drafted for a centre in a Central African country as mentioned above, to ensure more diversity, at different levels, in the selection and appointment of arbitrators by the centre. I also included provisions that would enable the collection of anonymous data and any other relevant information, as well as the establishment of annual statistics to assess diversity and determine where improvement may be needed. To the best of my knowledge, it is probably the first time that such provisions are included in the Rules of an arbitration centre, and I believe their impact can be measured very quickly if they are well implemented. Do you have a particular creed or philosophy you live by? Of course: “You shall not pervert justice; you shall not show partiality, nor take a bribe …” (Deuteronomy 16:19). What it is that motivates you to achieve success for your clients? The determination to achieve excellence and unquestioned loyalty to my clients without compromise. Can you share anything about your plans for the remainder of the year? I hope to be enlisted on the panel of arbitrators of more arbitration centres. I will also make myself available for accepting more appointments as an abritrator before the end of the year, and for teaching law again at universities as well as to practitioners, another activity that I am passionate about. Besides that, l am currently preparing some training materials for arbitrators and working on many book projects. One of those books, already published, is the Annotated OHADA Code (“Code pratique OHADA: Traité, Actes uniformes et Règlements annotés” (Editions Francis Lefebvre, 5th edition, forthcoming, 2022). It is a treatise which contains, among other things, a structured presentation of the substantial arbitration Rules applicable in the 17 African States that have signed and ratified the treaty creating the Organisation for the Harmonisation of Business Law in Africa, known as the “OHADA Treaty”, as well as cases applying those Rules. That Treaty created a unified business legislation currently covering 10 areas of economic activities including arbitration and mediation. The key institution of the Organisation, the Common Court of Justice and Arbitration (CCJA) ensures unification of case law as its rulings in all the OHADA-related matters, including mediation and arbitration (except criminal offences), are final and binding in all the 17 Member States. I am preparing a revision of that book, along with other publication projects. Have you been influenced or inspired by any person in your career? I draw my inspiration from many persons, some of whom I have had the privilege of knowing or working with personally. In no particular order: First, the late Professor Emmanuel Gaillard, who was a legend and an arbitration genius. I have learned a lot from him during the four years I have known him. He was a great mentor in the field of arbitration and while we had several interesting projects before his untimely passing in 2021, I am honoured that he has prefaced my book on Arbitration in Africa under OHADA Rules. Second, the late Henry Saint Dahl, esq., from whom I learned a lot on American law and the US legal system. I had the chance to teach a seminar on US legal system with him. He contributed to the Annotated OHADA Code (mentioned earlier and of which I am Finance Monthly Legal Awards 2022 France 20 www.finance-monthly.com “I would suggest getting proper training in arbitration, whether in a university or by specialised institutions.” “ “
the current director) by sending us selected US cases and precedents for comparative illustration. He had a great sense of justice and was always thinking of innovative ways to help those in need. Third, having had to build my law and arbitration practice from scratch, I can relate to the courage and determination that it took for Charlotte E Ray, the first African American female attorney and first female admitted to the District of Columbia Bar, to open her law practice in Washington DC at that time. Fourth, emeritus Professor Barthélemy Mercadal, who has been and is still a great source of inspiration. Finally, The Honourable Marcel Serekoïsse-Samba, former Chief Justice of the Common Court of Justice and Arbitration, the highest Court of the Organisation for the Harmonisation of Business Law in Africa (OHADA), to whom I was privileged to be the Technical Advisor. I have learned from him to think carefully before judging, and that is a rule of thumb I live by each time I seat as arbitrator. What does this award mean to you? It is a very special honour to me to win the Finance Monthly Award of Arbitration Lawyer of the Year 2022 - France. I am incredibly thankful to all the participants in the process leading to this prestigious award because you do not achieve success independently. It speaks volume to me that success starts with the trust – of your clients when acting as lawyer, and of the peers, arbitration centres and parties that choose to entrust you with their cases by appointing you as arbitrator. It also comes from the recognition of your peers and the arbitration community. I would never have received this award on my own and without the support of my peers, clients and mentors. This prestigious award, that means a great deal to me, is also a way to express my gratitude to all those who helped me get where I am at today. I feel indebted to all of them and committed to continue achieving excellence without compromise. I also feel energised to give back what has been so generously given me in terms of mentoring and to surround myself with people who are smarter than me. Finance Monthly Legal Awards 2022 France 21 www.finance-monthly.com
22 22 www.finance-monthly.com www.finance-monthly.com TMT Law Lawyer of the Year Saudi Arabia Contact Details Layla Tatwany Riyadh, Saudi Arabia T: + +966 54 053 3311 E: ltatwany@fordham.edu W: www.linkedin.com/in/ layla-tatwany-23381444
Finance Monthly Legal Awards 2022 Saudi Arabia Lawyer Layla Tatwany About Layla Tatwany Layla is a commercial intellectual property lawyer and has been advising clients in commercial as well as corporate works including fintech, investments, data privacy, IP licensing, trademark leasing, digital healthcare, M&A, restructuring, anti-trust, private equity and venture capital and tech startups. Layla got her training with Squire Patton Boggs Law Firm in Saudi Arabia and was admitted to practice in 2015. Layla advises multinational corporations on their acquisitions, goto-market investments and complex commercial transactions and has worked in both in-inhouse and private practice. Layla earned her L.L.M from Fordham University, specialising in intellectual property and information technology law. During her time in New York, she worked at White & Case LLP, focusing on data protection regulation under the GDPR. In summer 2018, she presented her topic on AI and legal rights at the World Intellectual Property Organisation headquarters in Geneva. Prior to that, Layla was a senior legal advisor at Etihad Etisalat (Mobily) in Riyadh and acted as their IT business partner. Layla has worked with Hammad & Al-Mehdar Law Firm at its Dubai office, advising on M&A transactions, venture capital deals, fund structures and lead Employee Share Option Plans (ESOP) structures under the Abu Dhabi Global Market (ADGM) and Saudi Regulations. She has also advised the first open banking platform in the region, particularly to obtain the required approvals and licenses, and has supported them in the commercial contract negotiations. Layla has advised the Saudi Entertainment Ventures (SEVEN) and has led negotiations on corporate, technical and IP acquisition mega transactions with multinational providers. Layla has accepted a role to join the Saudi Arabian Mining Company (Ma’aden) as a Legal Counsel, Managing Associate and aspired to work on a personal project that will elevate legal services to the next level. An Interview With Layla Tatwany What first led you to pursue a career in law? Growing up, I was very much influenced by business minded surroundings that shaped how I think and drew my interest in financial transactions to invest in technology start-ups. At that time, this was a very unmatured market in the Middle East that is now rapidly growing. I have tried following the “community dream” of becoming either a physician or an engineer, but these professions never truly suited me. I wanted a major and a career path that would suit my outspoken personality and dream of getting engaged with clients, negotiating major deals and overseeing transactions. During my L.L.B studies, I was interested in pursuing a career as a diplomat in international law. Nevertheless, as soon as I started my training, I quickly realised the opportunities and drive available to a transaction lawyer, especially in the Middle East and particularly in the Gulf Cooperation Council (GCC). I say this because the market is very competitive, with great talents that pushed me to perform at my best and provide for much more, both professionally and personally. Pursuing a career path in law became my joy and passion that drove me to get even more involved in as many deals as possible, most recently commercial IP transactions – fintech and technology in particular. The TMT practice is considered a high-demand expertise, especially nowadays, due to the recent steps that the government of the Kingdom of Saudi Arabia has taken to promote its well-known 2030 vision. This vision aims to elevate the Kingdom’s standards by introducing mega initiatives, including digitalisation, entertainment, energy, sustainability, sports, and gaming, and with inordinate initiatives come extraordinary talents. www.finance-monthly.com
Contact Details Prenzlauer Allee 8 D – 10405 Berlin T: + 49 30 86422011 F: + 49 30 86422012 M: office@weimann.de What challenges have you had to overcome in the course of your career? The Kingdom of Saudi Arabia is actively advocating to support women in leadership roles. As in many other countries, including western countries, I struggled with discrimination, especially earlier in my career. However, this challenge taught me how to overcome obstacles while taking advantage of the opportunities ahead of me. It was not easy to survive the market demand with such a low capacity for accepting trainee attorneys, especially females. This challenge made me more dedicated to investing in myself, and I fought to earn my position by enrolling in elite legal studies at a delicate time of my life. Nevertheless, this aided in enriching my knowledge and strengthening my skills that enabled me to compete with my fellow colleagues and succeed. A common example of a major challenge that I, like many others, have faced was lack of management support for the professional growth of the team. I had to learn how to overcome this by creating a suitable path for supporting my professional demands that both works for myself and is acceptable to the organisation. A key element to breaking barriers is getting more interactive with the client, especially as an in-house counsel, because this will help gain the stakeholder’s trust to work together on projects. Is there a specific professional achievement that you are most proud of having accomplished? This also could be framed as a challenge, but it was a considerable achievement in my career to begin developing my intellect and embracing every challenge thrown at me. Not to mention the dedication, patience, and planning I had to create to complete my postgraduate studies with a final grade that made all the sweat and tears a worthwhile experience. These characteristics have helped me to uniquely excel in each position I have held and encouraged me to mentor and train my team to become stronger and more confident counsellors. I am grateful for the experiences I have had that taught me how to overcome every challenge on the way. What motivates you to achieve success in your work? The passion I have for my clients is what motivates me to working harder every day. Learning new concepts and gaining more skills will always remain a bittersweet experience, as it is not always easy having to work with different mindsets. However, with stronger experiences come trusted clients embodying complex deals. The drive to overcome a new challenge at every level of my career is truly what helped to nurture my skills and personality. Now I have nothing but gratitude for the hard-minded individuals I had to learn how to work around to gain the best experience from this fruitful journey. Can you tell us anything about your plans for the second half of the year? As mentioned earlier, I am working on a very exciting personal project that will elevate legal practice in general and particularly in the GCC. We will work closely with young talents to promote the best error-free, efficient, and cost-effective legal services. We will use tailored technical solutions to achieve my vision and goal for the satisfaction of our clients. In addition, we will work with several authorities to help companies grow and offer a new spectrum of services serving the vision of digitalisation and technology we are heading towards. Further, I have accepted to join a challenging new opportunity working with Ma’aden, a Saudi public company leading the mining sector in the world, with expectations and career goals to get exposed to a significant number of deals. I trust this experience will add value to my professional career and help sculpt my skills more as a transactional counsel. I am enthusiastic about the future and the upcoming journeys in my life. What does this award mean to you? This award is the beginning of something greater. I am very much grateful for the trust I had from my colleagues, clients, friends, and family. My objective is to make it to the deal maker award and more. This award is a great privilege, and I take this opportunity to thank the Finance Monthly team who worked very hard to make this publication. This is a very personal and professional recognition that I value and appreciate. As I said, with every opportunity comes new challenges. 24 Finance Monthly Legal Awards 2022 Saudi Arabia The drive to overcome a new challenge at every level of my career is truly what helped to nurture my skills and personality. “ “ The passion I have for my clients is what motivates me to working harder every day. “ “ www.finance-monthly.com
Finance Monthly Legal Awards 2022 Switzerland 26 www.finance-monthly.com Managing Partner, Nützi & Partners Ltd. Patrick Nützi About Patrick Nützi Patrick Nützi is the managing partner of the Zug office of Nützi & Partner Ltd. He has more than 30 years experience in legal issues relating to international trade and financial services. Patrick has been serving as a member of the board of directors of Swiss companies, mainly active in international trade and in the financial industry, for many years. Further areas of his expertise include intellectual property, corporate law, asset protection and estate planning. Patrick holds a doctorate in law (Dr.iur.) from the University of Berne and a Master of Laws degree (LL.M.) from the University of London. He has been working as a research fellow at the Universities of St. Gallen (HSG) and Basel at the chair for public economic law. Until the establishment of the Swiss Federal Administrative Court Patrick served as a member of the Swiss Federal Appeal Commission for the Regulation of Casinos (appointed by the Swiss government). Firm Profile Nützi & Partner AG is a Swiss lawyers corporation providing legal advice and assistance to corporate clients and private individuals, with a strong focus on corporate and commercial law, in particular international trade, financing and taxation. Its attorneys represent clients before Federal and Cantonal courts and authorities. Nützi & Partner Ltd. is based in the city of Zug, a commercial and financial centre of international recognition, home of the crypto valley, less than one hours’ train ride from Zurich International Airport. Together with the professionals in the Dubai office of NH Partners LLC Nützi & Partner Ltd. provides solution oriented multi-jurisdictional advice and assistance. The law firm of Nützi & Partner Ltd. was established in 1999 and transformed into a corporation in 2012. The main practice languages of the firm are English, German and Spanish; French, Italian and Russian are also spoken. The attorneys of the firm maintain membership with the Swiss, Zurich and Zug Bar Associations, the International Association for the Protection of Industrial Property (AIPPI), the Zug Commodity Association as well as the Crypto Valley Association. Nützi & Partner AG is recognised by the admission board of the SIX Swiss Exchange (Swiss stock exchange) as an issuer representative for listing applications and a member of the Commercial Chamber of the Canton of Zug. Together with the professionals in the Dubai office of NH Partners LLC, Nützi & Partner Ltd. provides solution oriented multi-jurisdictional advice and assistance. “ “
27 www.finance-monthly.com Commercial Law Lawyer of the Year Switzerland Contact Details Nützi & Partner Ltd Attorneys-at-law Grabenstrasse 42 CH-6300 Zug T: +41 41 729 79 79 W: www.swiss.law E: nuetzi@swiss.law
28 www.finance-monthly.com www.finance-monthly.com Contact Details Emel Yilmaz ADDRESS Suite 58 Grove Business Centre 560-568 High Road, Tottenham, London N17 9TA T: +44 7487729616 +44 0208 017 6398 Corporate Immigration Lawyer of the Year United Kingdom
Finance Monthly Legal Awards 2022 United Kingdom 29 Owner GLOBAL IMMIGRATION LAW LTD Emel Yilmaz About Emel Yilmaz After graduating from Westminster University in the Law Department with honorary degree, she completed her MA at the University of Law. She gained experience in immigration law, corporate law, corporate immigration law at private law practices after completing her MA degree. While gaining handson experience, she excelled in corporate immigration law with outstanding results for the visa applications she made. During her internship and law practise experiences, she has been widely covered especially in newspapers and in the media for her high rate of success and customer satisfatcion. After she specialized in immigration, corporate immigration laws and family visas, she established her own immigration advisory firm, Global Immigration Law as a pinnacle of her experience in immigration sector for more than 10 years. She is working mainly with corporate clients that would like to set up their business in the UK or alternatively already present in the UK but would like to expand their business with new talents and specialists. Apart from her corporate clients, Global Immigration Law also provide immigration solutions to highly qualified immigrants, artists, academicians, IT specialists and applicants who are graduates of STEM fields. They offer sponsorship license application and management services, visa consultancy services regarding skilled worker visa, Global Business Mobility Visa routes (announced in April 2022, which is formerly known as Overseas Business Representative Visa and other business visa routes), Startup Visa, Innovator Visa, High Potential Individual Visa, Global Talent Visa, Scale Up Visa etc. On 28 February, 2022, she has been awarded as the Best Law Firm in the UK by a awarding body named Best of Europe Awards. Following the award, she has been featured with her article in Immigration Law in Lawyer’s Monthly Magazine in the same month. Furthermore, Global Immigration Law was shortlisted and awarded as “Immigration Advisory Firm of the Year” by Corporate Live Wire Global Awards 2021/22, listed as 5 Best Law Firms to Watch by American business magazine Silicon Review, one of the 5 Best Law Firms in 2022 by CIO Bulletin, Recommended Firm by Corporate INTL and also by Global Law Experts. Recently, she has also been awarded with Most Outstanding Immigration Counselling Firm Award by Acquisition Internatıonal. With a successive success stories, Emel Su Yılmaz continues to provide her services with high rate of success, customer satisfaction and immaculate services with her team at Global Immigration Law. Expanding her service scope in immigration sector, each day clients from Turkey to Italy, USA to Qatar, France to Germany requires her services and there is an ever-expanding demand. Area of Expertise Corporate Immigration Law www.finance-monthly.com
Contact Details Prenzlauer Allee 8 D – 10405 Berlin T: + 49 30 86422011 F: + 49 30 86422012 M: office@weimann.de Finance Monthly Legal Awards 2022 Germany 30 www.finance-monthly.com Lawyer Dr. Martin Weimann RECHTSANWALT Martin Weimann About Martin Weimann Martin Weimann is a widely recognized capital markets lawyer in Germany with strong credentials in investor litigation, especially in disputes regarding squeezeouts and stock market delistings. He frequently publishes books on issues related to German stock law and collective redress with a focus on investor damages. Weimann has been an advisor to the German Federal Ministry of Justice on legislation projects concerning the legal and economic process of compensating minority stockholders in takeover situations. He also published several empirical studies on company valuation issues, a key topic when determining fair outcomes to investors. Specific Expertise: - Stock corporation and capital market law - Shareholder activism - Corporate Governance / Corporate Social Responsibility - Collective legal protection - Litigation in Germany and Austria - Compliance (D A CH): Ombudsman / Advisor to whistleblowers - Right of execution of a will In the area of securities and collective redress he has extensive experience in representing institutional investors of all sizes as well as high net worth individuals. Martin Weimann also is the chairman of a renowned shareholder protection organization in Germany that represents stock owners at Annual General Meetings including proxy voting. Additionally, he does considerable work in the area of inheritance law, where he litigates against executors for liability, damages, and claims for information. Legal Education/Memberships: - Legal studies at the University of Freiburg, Germany - State Exams in Freiburg and Berlin - Member of the Berlin Bar since 1994 - Dissertation at the Ruhr-University in Bochum (Prof. Dr. Uwe Hüffer) - Memberships: Deutscher Anwaltverein, Deutscher Juristentag, Transparency International Deutschland
31 www.finance-monthly.com Corporate Law Lawyer of the Year Germany www.weimann.de www.whistleblowing.international www.vzfk.de (association for investors) www.spruchverfahren.info Contact Details Prenzlauer Allee 8 D – 10405 Berlin T: + 49 30 86422011 F: + 49 30 86422012 E: office@weimann.de www.linkedin.com/in/dr-martin-weimann-2482a1230
32 32 www.finance-monthly.com www.finance-monthly.com Medicine and Ethics Lawyer of the Year Lebanon Contact Details Malek Kallas Beirut, Sami el Solh Main Street, UCA building, 7th floor T: 00961 3722755 E: mk@klfi.net
Finance Monthly Legal Awards 2022 Lebanon Managing Partner Kallas Law Firm Malek Kallas About Malek Kallas Acting as managing partner at Kallas Law Firm, his expertise is primarily focused on complex cross border commercial disputes including Arbitration. Malek has handled several major Criminal Law cases, particularly in the fields of Medicine and financial torts. He is also specialized in commercial law and Blockchain technologies. As such he represented numerous clients in over 2,000 cases in Lebanon, including civil, and criminal matters, and regularly provides legal opinions to international firms as an expert in Civil and Commercial law. Malek holds a Postgraduate diploma from King’s College London (2018) and an Executive Master of Laws from King’s College London with a focus on initial coin offerings (ICOs) and securities regulations (2019). Fluent in English, French and Arabic. Notable Appointments Handled various high profile medical liability criminal disputes with positive outcomes representing prominent medical professionals. Appointed in 2018 as syndic of a large manufacturing company and currently managing as such one of the largest insolvency cases in Lebanon (value around 32 Million USD) Lead counsel on a banking matter involving global securities disputes. (value over 350 Million USD) Handling a major real estate dispute (value around 100 Million USD) and lead counsel for a dispute over one of the largest real estate Lebanese companies (value around 62 Million USD) Representing one of the largest global information technology companies in a cross border commercial dispute (value around 4.5 Million USD) Co-counsel for an inheritance dispute, which was recently resolved, involving various complex civil matters (value around 200 Million USD Firm Profile KLF provides legal services to a large number of local and international clients. Among the team are several prominent former judges. The firm has a fully dedicated probates and inheritance law unit providing services to Lebanese expats across the globe. KLF is a well-established firm in Lebanon offering a wide range of services including: Real Estate, Arbitration, Mergers and Acquisitions, Information Technology, Blockchain and Criminal law. www.finance-monthly.com 33
Contact Details Prenzlauer Allee 8 D – 10405 Berlin T: + 49 30 86422011 F: + 49 30 86422012 M: office@weimann.de Finance Monthly Legal Awards 2022 Italy 34 www.finance-monthly.com Partner Studio Notarile Bergamo Elio Bergamo Contact Details Piazza Cavour n.10 00193 ROMA T: +39 06 96040700 Fax: +39 06 96040719 E: studio@notarius.it W: www.notarius.it About Elio Bergamo Elio Bergamo is a highly skilled notary with more than two decades of legal experience. After completing his study of Law at the University of Rome “La Sapienza”, for which he graduated with honours within three years and one session and was highly regarded by his professors, Bergamo became an accredited notary in 2006, and in 2005 became a lecturer at the Anselmo Anselmi Notary School in Rome on matters of succession law, bankruptcy law and corporate law. He has also been a member of the Business Studies Commission of the National Council of Notaries. 2006 also saw the foundation of Studio Notarile Bergamo & Partners. In addition to its expertise in the real estate and inheritance sector, the firm is active in the fields of corporate law, contract law, international law, family law, tax law, banking law, financial law and trusts. The firm is active in Rom and the Lazio region and dedicates constant and specific attention to keeping up with the latest regulatory changes. As the author of numerous papers, Bergamo carries out contractual activities and advises on extraordinary and cross-border transactions, restructuring agreements, mergers and acquisitions, among other areas of law. Studio Notarile Bergamo In addition to expertise in the real estate and inheritance sector, the firm of Notary Elio Bergamo is active in the fields of corporate law, contracts, international law, family law, tax law, banking law, financial law, trusts and real estate auctions (private and public . Constant and specific attention is dedicated to regulatory changes.
35 www.finance-monthly.com Notarial Procedures Lawyer of the Year Italy
36 36 www.finance-monthly.com www.finance-monthly.com Patent Law Lawyer of the Year South Korea Contact Details Kyunghwan Kim 11th Floor, 134, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea. W: www.minwho.kr T: +82-532-3483 E: hi@minwho.kr
Finance Monthly Legal Awards 2022 South Korea Founder and Representative Lawyer Minwho Law Group Kyunghwan Kim About Kyunghwan Kim Kyunghwan Kim, who has studied Electrical Engineering at Seoul National University and graduated with a Master’s Degree in Engineering, is a founder and representative lawyer of Minwho Law Group. While concentrating on projects, research and development in the undergraduate and graduate school, he became interested in how to protect technologies that are difficult to develop, and later he became a lawyer and established Minwho Law Group in 2011 on the basis of his expertise in and understanding of engineering field. With his expert knowledge in technology, Kyunghwan has been providing legal services specialized in IT and IP industries, and recently he has been making remarkable achievements in new technology field such as virtual assets and block chain. He has won in a public interest class action lawsuit arising out of leakage of personal information caused by hacking for the first time in Korea, by representing hacking victims of famous portals and platform service providers. In addition, he has won a criminal trial to decide whether a macro program used in an online service breaches Act on Promotion of Information and Communications Network Utilization and Information Protection in Korea, by obtaining an acquittal in the Supreme Court. Moreover, as an expert in IP industry, Kyunghwan has won a Rigveda Wiki copyright infringement case by which database creator’s rights are recognized and won an Open Capture copyright infringement case by which legitimacy of temporary reproduction is recognized. Furthermore, he won a case over crawling between famous platform service providers, as database creator’s rights are recognized. Besides, he has been making notable achievements in other copyright infringement cases handling well known content such as Baby Shark and in domain name disputes of famous FinTech companies, and recently, he has showed his professionalism by winning criminal cases with regard to damage claims and incorrectly remitted cryptocurrencies as he has represented hacking victims of cryptocurrency exchanges. Kyunghwan’s professional career has been full of awards including awards from the Korea Internet & Security Agency and the Ministry of Trade, Industry and Energy in recognition of his expertise in the field of Information and communication, and he has been giving lectures on the basis of continuous research. Furthermore, he has actively participated in the legislative procedure such as Enforcement Decree of the Act on Promotion of Information and Communications Network Utilization and Information Protection and Enforcement Decree of the Personal Information Protection Act in order to reflect social needs into legislations. Lastly, Kyunghwan serves as a legal advisor in various public institutions. He has been appointed as a member of Law Advisory Committee of Korea Communications Commission, a member of the Regulation Review Committee of Ministry of Science and ICT, a member of Committee of Assessment of Public Institutions’ Management Level, etc., and has been providing legal services. www.finance-monthly.com 37
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