dispute resolution - watson farley & williams€¦ · · 2016-10-14dispute resolution –...

D I S P U T E R E S O L U T I O N I T A L Y

KEY FACTS

140+ PARTNERS WORLDWIDE 6 PARTNERS IN ITALY

FOUNDED 1982 IN ITALY SINCE 2002

14 OFFICES WORLDWIDE 2 OFFICES IN ITALY (MILAN AND ROME)

500+ LAWYERS WORLDWIDE 30+ LAWYERS IN ITALY

11 COUNTRIES

20+ LANGUAGES SPOKEN

Dispute Resolution – Italy 3

Our expertise Effective and commercially astute, our dispute resolution lawyers regularly represent clients in large-scale, cross-border and complex commercial matters, and manage cases through to trial/final hearing and appeal where necessary.

Our Italian team has specific expertise with regard to energy, private equity, project finance, international finance, corporate mergers and acquisitions, insurance, administrative law, IP, employment, regulatory and litigation matters, in particular international arbitration, finance and commercial litigation and bankruptcy litigation.

Our industry expertise is the result of a clear business strategy that has led us to excel in the areas mentioned above.

The professional team in Rome and Milan is able to provide the highest level of care, adhering to our work philosophy, which is primarily based on understanding our clientsʹ businesses.

We believe strongly that only such an approach allows us to deliver the best performance on our part, to help our clients reach their goals as quickly and effectively as possible.

With some of our partners acting as arbitrators, our lawyers have specific strategic insight when delivering a combination of litigation and arbitration services.

International, inter-disciplinary team Often operating to meet tight timeframes and address multi-jurisdictional challenges, our lawyers in Italy can draw on the resources and skills of worldwide network, delivering integrated solutions to complex strategic and operational challenges.

ITALIAN OFFICES

Watson Farley & Williams (“WFW”) is recognised for its strong international disputes practice, which has grown significantly in recent years. In our Milan and Rome offices we regularly help clients manage complex disputes and support them through the trial and appeal process.

“A VERY STRONG LITIGATION FIRM THAT THINKS CAREFULLY ABOUT ITS CASES TO PROVIDE SOUND AND COMMERCIAL ADVICE.” LEGAL 500 2015

4 Watson Farley & Williams

We have a long history of bringing disputes to a speedy conclusion, and have amassed enormous experience in managing very large, complex and high-value cases, which often involve the interaction of different systems of law and rules of procedure.

We provide both domestic and multi-jurisdictional services, bringing together relevant team members from across our international offices.

We handle a diverse range of cases across industry sectors. We are used to dealing with difficult, unusual and high-stakes commercial and legal problems, acting for both claimants and defendants in a diverse range of cases across industry sectors, such as:

Energy (conventional power and renewables).

Construction and transportation.

Shipping (shipbuilding, sale and purchase, charterparty and CoA, as well as workouts and insolvency).

Real estate.

TMT/ICT.

Pharmaceuticals (product liability claims and competition-related litigation).

Employment.

Our teams are established to best fit the specific requirements of each case – we regularly have both sector specialists and disputes lawyers working together – each of our teams receives partner attention throughout.

Our Italian disputes team is highly experienced in representing clients before both the Italian Courts (First Instance Courts, Court of Appeal, High Court, the Administrative Court of Lazio (“TAR”) and Supreme Administrative

Court) and international chambers such as the International Chamber of Commerce (“ICC”) and the International Centre for Settlement of Investment Disputes (“ICSID”).

Leveraging on our international network, we also frequently provide strategic advice in relation to other different laws and procedural rules, whether in courts or arbitration, including US Courts and well-known arbitration centres including the London Court of International Arbitration (“LCIA”), the Singapore International Arbitration Centre (“SIAC”), the Stockholm Chamber of Commerce (“SCC”), the Vienna International Arbitral Centre (“VIAC”), the American Arbitration Association (“AAA”), the China International Economic and Trade Arbitration Commission (“CIETAC”) and others.

Most of the lawyers in our dispute resolution department also have a broad experience and knowledge of the substantive law regulating the sectors mentioned above, giving them an in-depth knowledge of the issues in dispute and making it easy for them to relate to specific client needs and concerns.

DISPUTE RESOLUTION PRACTICE

The dispute resolution group at WFW has extensive experience in all aspects of dispute resolution, including litigation, arbitration and alternative dispute resolution (ADR) methods.

“INCREDIBLY KNOWLEDGEABLE ABOUT INTERNATIONAL TRADE AND NAVIGATES MULTI-JURISDICTIONAL COMPLEXITIES WITH EASE.” LEGAL 500 2016


BELENERGIA ICSID INTERNATIONAL ARBITRATION Representing Belenergia, a Luxembourg company producing solar energy plants in Italy and one of the top players in the renewable energy sector, on an international arbitration proceedings before the ICSID Arbitration Chamber in Washington/Paris to restore the damages arising out of the breach of the Energy Charter Treaty by the Italian State as consequence of the implementation of a decree law imposing a retroactive legislation cutting the feed-in-tariff regime. This is the first international arbitration in Italy concerning the challenge of the “Spalma Incentivi” decree.

FIFTY MAJOR SOLAR OPERATORS Representing a group of over 50 Italian and foreign companies active in the Italian solar energy sector, on administrative law proceedings before the relevant Italian Administrative Courts in order to obtain the revocation of Law Decree 91/2014 (the so-called “Spalma Incentivi”).

AMPERE ICC ARBITRATION Advising Ampere Equity Fund BV, a Dutch fund, on an international arbitration before the International Arbitration Chamber (“ICC”) against an Italian partner in relation to the construction of photovoltaic plants.

RTI GROUP LITIGATION Representing the Italian RTI Group (a temporary grouping of companies consisting of AR.CO Lavori Società Cooperativa Consortile, Coopsette Società Cooperativa, Griec.a.m. S.r.l. and SAEET S.p.A.), on a litigation before the Italian Administrative Court of First Instance and High Court, in relation to the management and construction of S.O.G.I.N.’s infrastructure assets in the Lazio Region (Central Italy).

JIANGSU ZONGYI CO. LTD Advising Jiangsu Zongyi Co. Ltd., a major Chinese investment company, on an international arbitration procedure against an Italian developer of photovoltaic plants before the National and International Arbitration Chamber of Milan, in relation to several breaches of EPC agreements concerning the construction of the biggest Italian rooftop photovoltaic plant, owned by our client.

LEADING GERMAN COMPANY Advising a leading German renewable energy company on several litigation cases against an Italian EPC constructor of photovoltaic plants concerning its EPC relationship.

SELECTED EXPERIENCE ENERGY

Our lawyers have the full range of domestic and international experience and skills to conclude complex, high-value and international energy disputes and arbitrations successfully. Our team has specialists in both conventional power and renewable energy, who work with our dispute resolution team to provide commercial and effective service.


WINCH ENERGY LITIGATION Advising Winch Energy, a major energy company focusing on both free-standing and roof-mounted solar power generation, operating in the UK, France and Italy, on a successful defence of a litigation proceeding against a former partner company in relation to a potential financing for a photovoltaic construction.

GAMMA SOLAR ARBITRATION Advising Gamma Solar Holding, a French/Lebanese company involved in photovoltaic investments in Italy, on a successful international arbitration against an Italian developer before the National and International Chamber of Milan.

333 SOLAR Advising 333 Solar, a leading renewable energy company, on several litigations before the Italian courts against an Italian EPC constructor of photovoltaic plants realised in the south of Italy and on an international arbitration before the National and International Court of arbitration in Milan against an Italian EPC constructor.

ITALIAN ENERGY COMPANY Advising a leading Italian company active in the renewable sector, in a bankruptcy proceeding before the Court of Turin, with regard to a contract for the performance of the works pertaining to the construction of a photovoltaic plant.

SOLAR ONERGY S.R.L. Advising Solar Onergy on appeals against the change in law affecting access to photovoltaic plants incentives hindering access to feed-in tariffs.

PHOTOVOLTAIC ITALIAN LEADING COMPANY Advising Zongyi Cayman, a major Chinese corporation, against an Italian leading photovoltaic (“PV”) company for a breach of a relevant supply agreement of panels in the construction of several PV plants. We also provided assistance on the company’s bankruptcy proceeding, with relevant aspects of directors’ liabilities.

CHINESE ENERGY COMPANY Advising a Chinese energy company, on an enforcement of two international arbitration awards against two Italian companies active in the renewable and environmental sector, in relation to the breach of contractual relationship and restore of damages in a supply agreement. The arbitral award has been issued by CIETAC (China International Economic and Trade Arbitration Commission).

OIKONOMIA S.R.L. Advising Oikonomia S.r.l. on the resolution of authorisations issues with local public entities with reference to the construction of photovoltaic plants and related works.

ENERGY MULTIUTILITY COMPANY Advising an Italian energy multi-utility company on various claims against some Italian Municipalities and appeals before the Administrative Court of Lazio (“TAR”) and Counsel of State, regarding “PAS” procedures (i.e. a simplified authorisation procedure).

S.O.G.I.N. S.P.A. Advising S.O.G.I.N in relation to an award procedure conducted under EU directives as implemented in national jurisdiction.

APPENINE ENERGY Advising Appenine Energy, a UK oil & gas corporation, in a litigation before the Administrative Court in order to obtain the release of administrative authorisation in a research and drilling authorisation in Italy.

PROENERGIA Advising ProEnergia Wind, an Irish company specialising in wind power and with expertise in green energy projects across Europe and relationships with Italian electricity suppliers, on an Administrative Court proceeding to challenge an order issued by the GSE (the state-owned company that promotes and supports renewable energy sources (RES) in Italy) to revoke the granted feed-in tariff as a consequence of presumed fault declarations made by the applicant during the administrative process of the feed-in tariff obtainment.

DECA ENERGY 30 S.R.L. Advising Deca Energy 30 on the appeal against the Ministry of Economic Development and Gestore dei Servizi Energetici (“GSE” – the state-owned company that promotes and supports renewable energy sources in Italy) for illegitimacies connected to the implementation of new rules in the Italian photovoltaic market.

WINCH ENERGY Advising Winch subsidiaries on the pre-litigation stage on the construction of electric cable lines and road concessions necessary for the construction of a photovoltaic plant.


CRAMER SCHIFFAHRTS GMBH & CO. KG Advising Commerzbank Bank AG on the various disputes in connection with the multiple arrests filed against the ship ADELE C at the port of Pozzallo (Sicily) as a result of the financial difficulties of owner Cramer Schiffahrts Gmbh & Co. KG.

CANTIERE NAVALE DI PESARO Advised the receiver on the US$100m bankruptcy of Italian shipyard Cantiere Navale di Pesaro S.p.A., involving the analysis of EU regulations on cross-border insolvency proceedings as the most important assets of the bankruptcy shipyard are located in Poland while the bankruptcy itself was filed in Italy.

DEIULEMAR Advising Commerzbank AG on Deiulemar Shipping’s bankruptcy, whereby Commerzbank AG has been able to receive the first, second and third tranche of the proceeds derived from the sale of two LPG tankers mortgaged in its favour. This is one of the first bankruptcies in the Italian shipping sector. We have also advised Commerzbank AG on the bankruptcy of Deiulemar Compagnia di Navigazione S.p.A.

ARREST OF M/V. “LUEBBERT” Advising a leading foreign bank on the arrest of M/v. “Luebbert” within the context of the insolvency of the relevant owner. The official insolvency was lodged in Germany. The advice also concerned certain aspects of the EU Insolvency Regulation.

CRYO GAS MED Advising a leading Italian bank on bankruptcy proceedings opened in Italy in respect of an Italian ship-owning company.

We combine our core strengths of shipping and dispute resolution to provide an efficient service that delivers results. We cover the full range of dispute resolution services, from in-court litigation and arbitration to mediation. We focus on disputes regarding shipbuilding, S&P of vessels, charterparties and bills of lading as well as insurance policy disputes, arrest of vessels and enforcement of securities as well as workout and insolvency.

SELECTED EXPERIENCE SHIPPING


BANK SYNDICATE Advising a syndicate of banks on the guarantee issuance facility in favour of a major Italian engineering company, active worldwide, on issues related to the construction of plants to produce polyethylene in Saudi Arabia.

DUTCH MULTINATIONAL FINANCE COMPANY Advising a Dutch multinational banking and finance company on issues related to structured financing for the acquisition of biodiesel plants.

LEADING FRENCH BANK Advising the Italian branch of a leading French Bank on issues related to the financing guaranteed by two major Italian close-end real estate investment funds for the acquisition of a real estate portfolio.

DEUTSCHE BANK Advising Deutsche Bank on issues related to a structured commodity financing for a major Italian manufacturing company.

ITALIAN BANKING GROUP Advising a major Italian leading group on an issue related to the debt restructuring of a leading hotel group in Italy.

BANK SYNDICATE Advising a syndicate of banks in relation to issues related to a medium term-loan financing in favour to a major Italian renewable company

BANK SYNDICATE Advising a syndicate of banks in relation to issues related to a financing for the construction and management of wind plants in the South of Italy.

ITALIAN BANKING GROUP Advising an Italian banking group in relation to issues related to the financing in favour of a syndicate of banks for the acquisition of two companies and related disputes.

MAJOR ITALIAN BANK Advising a major Italian leading bank in relation to issues related to a financing for the construction and operation of a thermal power plant fuelled by natural gas in northern Italy

.

SELECTED EXPERIENCE BANKING & FINANCE

“QUICK TO GRASP THE CLIENT’S COMMERCIAL PRIORITIES.” LEGAL 500 2016


US SOFTWARE PROVIDER Advising a major US and international oil refinery software consultant and provider, concerning rights to a multi-million dollar software programme.

FRENCH TELECOMS OPERATOR Advising a primary French telecommunications operator in a corporate dispute in the telecoms sector.

TELECOMS PROVIDER Advising a major Italian telecommunications provider, in the joint venture with the major Italian constructor and operator of toll pay international highways, in relation to the telecoms services to be provided through the shops located in the car stations.

VENTURE AMERICAN COMPANY Advising a major American venture funded company developing innovative long-range wireless communications technology for the aviation, marine, and telecom markets, on equipment certification in Europe and more particularly, in Italy.

ISRAELIAN COMPANY PRODUCING LUXORIOUS GOODS Advising a major Israeli company on a litigation proceeding aimed at protecting the IP rights related to a counterfeit of a major of their products distributed in Italy. Interim measure and inhibition injunction and refund of damages actions.

EMPLOYMENT

COECLERICI Advising Coeclerici on some corporate and employment matters concerning Coeclerici S.A. in Lugano (Southern Switzerland).

SWISS COMPANY Advising a client based in Switzerland on the dismissal procedure of a director of the company.

INTERNATIONAL CONSULTING COMPANY Advising the Italian branch of a leading international consulting company specialising in international assignment management, on general employment matters regarding businesses’ international assignments.

CHINESE COMPANY Advising a client based in China on employment matters, regarding an employment procedure.

US AIRLINE COMPANY Advising a leading US airline on employment matters under Italian law, regarding dismissal procedures owing to staff reduction.

US MULTINATIONAL COMPANY IN THE KID TOYS SECTOR Advising a major US multinational company on the collective dismissal proceeding in Italy in view of their relocation in other countries. Advising on the connected disputes and negotiations.

TAIWANEES TRANSPORT COMPANY Advising a major Taiwanese company in vessel transportation in relation to the their disputes consequent to the acquisition of an Italian shipping company with reference to the employment disputes of with the previous management, directors etc.

OTHER SELECTED EXPERIENCE

ICT/TMT


ITALIAN SHIPPING COMPANY Advising a major Italian transport company in relation to several employment disputes with some of the managers of the company, in Trieste, Genova, Rome and Milan.

CLASS ACTION FOR AIREUROPE’S EMPLOYEES Advising the entire group of employees of the airways company in relation to disputes deriving from the transfer of the ongoing concern of the company in favour of another airways company.

SEVERAL MANAGERS OF INTERNATIONAL COMPANIES Advising several managers of international companies on disputes against their employer concerning the alleged breach of their duties and responsibilities.

PHARMACEUTICAL

STORZ MEDICAL ITALIA S.P.A. Advising Storz Medical Italia, a subsidiary of the Swiss company Storz Medical AG, specialised in the development of innovative shock wave systems, on an appeal against AUSLʹs award decision.

HAEMONETICS S.A. Advising Haemonetics, a leading international company in the provision of blood management solutions, in relation to an award procedure conducted under EU directives as implemented in national jurisdiction by the relevant AUSL of Ancona.

IP

AUTONOLEGGIO MAGGIORE RENT S.P.A. Advising the major renting automobile Italian company on the protection of the trade mark identifying several items of its business line throughout Italy and Europe. The advice concerned both the regulatory proceeding to protect the IP elements of the company and the protection in litigation case for unlawful utilisation of the trade mark and unlawful competition by competitors of the same sector.

MAJOR ITALIAN FASHION HOUSE Advising one of the major fashion houses in Italy on the protection of its trademark in relation to several violations of the applicable IP rules by alleged competitors.

ERREGICI SYSTEM Advising erReGiCi Aluminium S.r.l., a leading Italian manufacturing company, on the IP rights protections in Italy and in China, implementing the administrative proceedings to ensure the protection of the patents and trademark rights.

REAL ESTATE

DEPLANO REAL ESTATE Advising Deplano Real Estate S.r.l., a leading Italian constructor and real estate company, on a litigation against a SGR stock exchange company in relation to the realisation of a major real estate project in Italy.


ELVEZIO SANTARELLI Partner, Rome

+39 06 684 0581 [email protected]

Elvezio Santarelli is the Head of Watson Farley & Williams’ Italian Dispute Resolution practice, co-ordinating the litigation and arbitration department in the Milan and Rome offices. He specialises in national and international arbitration and litigation relating to energy and infrastructure matters, as well as project work and environmental, administrative, real estate, bankruptcy and employment issues.

Elvezio represents clients before International arbitration chambers (ICC, CAM, ICSID and TC) and Italian Courts (First Instance Courts, Courts of Appeal, High Court, Administrative Courts, Supreme Administrative Court) and has taken part in manifold litigations.

He is also an Arbitrator at the National and International Chamber of Arbitration of Milan.

Elvezio graduated cum laude in 1995 with a Law Degree from the University of Rome and has an LL.M. in International Litigation and Comparative Law from the University of San Diego, California. He also obtained a Master’s Degree in European Studies cum laude at the European Institute Alcide De Gasperi in Rome, the Business English Law Award at the College of Law in London and a diploma in US Commercial Law at the American Academy of American and International Law of Dallas in 2001.

FURIO SAMELA Partner, Rome

+39 06 684 0581 [email protected]

Furio Samela is a Partner in the Watson Farley & Williams’ Asset Finance Group and the Head of the Shipping Finance department in Italy.

He specialises in shipping finance with an emphasis on financial transactions, loan agreements, security packages, restructuring and insolvency, workout, as well as derivatives. His experience also includes handling disputes and claims relating to all types of charterparties and bills of lading as well as insurance policy disputes and arrest of vessels and enforcement of securities.

Over the years, Furio’s department has turned into one of the most significant Italian players in the field, representing major shipowners as well as advising financial and insurance institutions in the Italian and international market.

He is a member of the Italian maritime law association (AIDIM) and the Italian private shipyards association (ANCANAP).

KEY CONTACTS


“THE FIRM COMBINES THE STRENGTH OF AN INTERNATIONAL BRAND WITH VERY STRONG ITALIAN LAW CAPABILITIES.” CHAMBERS EUROPE 2016

“STANDS OUT FOR ITS FLEXIBILITY AND INTERNATIONAL APPROACH”. LEGAL 500 EMEA 2016

“…RECOMMENDED FOR PUBLIC LAW MATTERS…” LEGAL 500 EMEA 2014

“WATSON FARLEY & WILLIAMS’ TEAM HAS ‘UNCOMMON LEVELS OF BUSINESS ACUMEN’.” LEGAL 500 EMEA 2014

“…FLEXIBLE AND CLEVER. … IT IS A VERY DYNAMIC FIRM.” CHAMBERS EUROPE 2015

“NOTABLE PRESENCE ON BOTH TRADITIONAL AND RENEWABLE ENERGY MANDATES.” CHAMBERS EUROPE 2015

“A VERY IMPRESSIVE TEAM QUICK TO PROVIDE DRAFTS AND MAKE ADJUSTMENTS. THE TEAM IS ONE OF THE MOST IMPORTANT WITHIN ITALY AND VERY RELIABLE FOR INTERNATIONAL MATTERS." CHAMBERS EUROPE 2016

“CROSS-BORDER RESTRUCTURINGS AND MULTI-JURISDICTIONAL LOAD TRANSACTIONS HAVE BEEN PROMINENT AREAS OF ACTIVITY…” CHAMBERS EUROPE 2014

“…‘COMMITTED TO CLIENTS’ GOALS’…” LEGAL 500 EMEA 2014

“GROWING PRACTICE WITH A LONG LIST OF IMPRESSIVE CLIENTS LOCATED ACROSS EUROPE.” CHAMBERS EUROPE 2014

“PRAGMATIC APPROACH AND INNOVATIVE LEGAL SOLUTIONS.” CHAMBERS EUROPE 2016

“LAW FIRM OF THE YEAR – SHIPPING FINANCE” CHAMBERS EUROPE 2015

“FOCUSED ON PROBLEM-SOLVING.” LEGAL 500 EMEA 2016

“THE TEAM IS ALWAYS AVAILABLE.” CHAMBERS EUROPE 2016

“THE LAWYERS KNOW WHAT THEY ARE DOING; THEY ARE EXPERTS IN THE FIELDS OF RENEWABLE ENERGY AND INFRASTRUCTURE.” CHAMBERS EUROPE 2016

“OFFERS A SOLID PRACTICE IN PROJECT FINANCING, REGULATORY AND COMMERCIAL MANDATES IN ITALY AND ABROAD.” CHAMBERS EUROPE 2016

“GROWING REPUTATION FOR IN-DEPTH SHIPPING FINANCE KNOW-HOW THAT COVERS RESTRUCTURING AND INSOLVENCY PROCEEDINGS, ACQUISITION FINANCE AND ASSET FINANCE.” CHAMBERS EUROPE 2016

REPUTATION


Athens

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Dubai

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Frankfurt

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Hamburg

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Hong Kong

Units 1703-1707, One Pacific Place 88 Queensway, Hong Kong

T: +852 2168 6700

London

15 Appold Street London EC2A 2HB

T: +44 20 7814 8000

Madrid

C/ María de Molina, 4 28006 Madrid

T: +34 91 515 6300

Milan

Piazza del Carmine 4 20121 Milan

T: +39 02 721 7071

Munich

Gewürzmühlstraβe 11 ‒Courtyard 80538 Munich

T: +49 89 237 086 0

New York

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T: +1 212 922 2200

Paris

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T: +33 1 56 88 21 21

Rome

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T: +39 06 684 0581

Singapore

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T: +65 6532 5335

OUR OFFICES

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Publication code number: 59008688v1© Watson Farley & Williams 2016

All references to ‘Watson Farley & Williams’, ‘WFW’ and ‘the firm’ in this document mean Watson Farley & Williams LLP and/or its Affiliated Entities. Any reference to a ‘partner’ means a member of Watson Farley & Williams LLP, or a member or partner in an Affiliated Entity, or an employee or consultant with equivalent standing and qualification. The transactions and matters referred to in this document

represent the experience of our lawyers. This publication is produced by Watson Farley & Williams. It provides a summary of the legal issues, but is not intended to give specific legal advice. The situation described may not apply to your circumstances. If you require advice or have questions or comments on its subject, please speak to your usual contact at Watson Farley & Williams.

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dispute resolution - watson farley & williams€¦ · · 2016-10-14dispute resolution –...

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