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Jonathan Sutcliffe
Partner
D: +971 4 293 2107
Dubai
Festival Tower
24th Floor
Dubai Festival City
P.O. Box 35767
Dubai, United Arab Emirates
T: +971 4 293 2222
F: +971 4 293 2223
AREAS OF CONCENTRATION
- Arbitration and ADR
- Dispute Resolution
EXPERIENCE
Jonathan Sutcliffe is a partner in the Dubai location of Fulbright & Jaworski L.L.P. He has significant experience in international arbitration and dispute resolution and has acted for numerous clients on a diverse range of international commercial arbitration, ADR and litigation matters in the energy, construction, defense, insurance, international joint venture and film sectors and on investor-state disputes. Jonathan also sits as an arbitrator.
Jonathan is qualified in England and Wales and in New York and is registered as an advocate in the DIFC Courts. He is recommended for international arbitration and projects and energy disputes by various leading legal guides, including Chambers UK, which described Jonathan as "extremely articulate, well prepared and capable of handling complex issues" (2010) and as "a well-rounded strategic and technical practitioner," (2009) and Chambers Europe 2008, which described Jonathan as "an extremely able practitioner who is highly rated by everyone he works with." Jonathan is also noted for his international arbitration work by Legal 500 UK and Legal 500 Europe, Middle East and Africa.
REPRESENTATIVE EXPERIENCE
- Representing a major U.S. engineering firm in relation to a dispute about the design and construction of a highway in the Middle East
- Representing a major
- Advising a construction company on a dispute between consortium members in respect of a marine dredging project in the
- Representing a major US chemicals manufacturer in a London seat ICC arbitration against its joint venture partner concerning a chemicals manufacturing joint venture in the Middle East
- Advising a North American energy company regarding structuring its investment in an offshore oil field to obtain bilateral investment treaty protection
- Advising a European oilfield services company in a dispute relating to the design, manufacture, delivery and operation of process plant on board a floating process storage and offloading platform (FPSO) offshore
- Advising a US oil company in a dispute relating to repairs and downtime in respect of a drilling rig for an oilfield offshore Africa
- Advising a global telecommunications company on enforcement of a foreign arbitral award and a foreign court judgment in the UK
- Representing a US oil company in a London seat LCIA arbitration concerning a Joint Operating Agreement drilling costs dispute in respect of an oilfield offshore West Africa
- Advising a Chinese State-owned company in relation to a London seat LCIA arbitration involving 3D seismic survey services in connection with a proposed investment by the State-owned company in an oil field in Central Africa
- Representing a US energy company in an ICSID arbitration in respect of its investment during privatization in an electricity generating company in a Latin American State arising out of additional tax assessments imposed by the State
- Acting for a Russian energy company in a London seat LCIA arbitration arising from its merger with another Russian energy company
- Representing a Russian energy company in a London seat UNCITRAL arbitration relating to crude oil supplies to a Central European oil refiner
- Acting for a Swiss oil trading company in a London seat UNCITRAL arbitration relating to crude oil supplies to a Central European oil refiner
- Acting for a US energy company in its ICSID arbitration relating to gas transportation assets against a Latin American State under a bilateral investment treaty
- Acting for an international consortium in a Geneva seat ICC arbitration against a State relating to the transfer of power stations to private operation
- Representing a client in an ad hoc London seat insurance arbitration involving a number of major insurance entities in relation to claims of £500 million
- Acting for a financial institution in its dispute with a borrower group (a German and Dutch cable TV and telephony business), encompassing a number of different proceedings in the English High Court and German courts and involving integrating advice on English, German and Dutch law
- Advising a paper industry client on its potential claims against a Central Asian State under a bilateral investment treaty
- Defending an energy client in an UNCITRAL arbitration commenced by its drilling rig construction contractor
- Advising a UK defense industry client on its dispute relating to the termination of its commercial representation arrangements with a Middle Eastern adviser
- Representing a South Asian State in an ICSID arbitration commenced by a Swiss entity under a bilateral investment treaty
- Representing a Spanish film distributor in a number of Los Angeles seat American Film Marketing Association arbitrations concerning the distribution of over 15 motion pictures and other programs
- Representing an African government authority in a Paris seat ICC arbitration relating to the construction of roads in the African State by a European contractor
- Acting for a US medical products company in a Japan Commercial Arbitration Association arbitration against its joint venture partner in Japan
- Representing a US entity providing business outplacement and counseling services in an AAA arbitration against its Japanese licensee
- Acting for an oil company in a London seat multi-party UNCITRAL arbitration against the operator of a Latin American offshore oilfield relating to cost-overruns under the Joint Operating Agreement
- Defending a UK defense industry client in English High Court litigation relating to an agency agreement with a Middle Eastern adviser
- Advising a UK entertainment industry client in an expert determination relating to the accountancy principles and practices to be applied to the calculation of amounts under a key executive's earn-out provisions
- Acting for a Middle Eastern energy company in a London seat LCIA arbitration relating to a fuel oil pipeline project in Pakistan
- Acting for an English automotive parts manufacturer in English High Court litigation relating to warranties under a business sale and purchase
- Acting for a Western European State electricity body in a London seat arbitration concerning the long-term supply of liquefied natural gas from Africa under a take or pay contract
- Acting for a US energy company in North Sea gas take or pay (and related) litigation in the English High Court
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
- International Centre for Dispute Resolution (ICDR), panel of international arbitrators
- Dubai International Arbitration Centre, listed as an Arbitrator
- Houston Maritime Arbitrators Association, listed in Roster of Arbitrators
- International Centre for Dispute Resolution (ICDR) Young & International, Executive Board
- LCIA (London Court of International Arbitration)
- Advisory Board of the Institute for Transnational Arbitration (ITA), Member
- The American Inn of Court, London
- Society of English and American Lawyers
- United States Council for International Business (USCIB) Young Arbitrators Forum
- International Institute for Conflict Prevention and Resolution (CPR) YADR (Young Attorneys in Alternative Dispute Resolution) Group
PROFESSIONAL HONORS
- Good Lawyer Guide 2010, highly recommended for "outstanding" legal practice
- Experts in Commercial Arbitration (2009), listed for commercial arbitration, published by Expert Guides
- Global Arbitration Review, The guide to specialist arbitration firms (2009, 2010), listed as a partner to know
- The 2009 Best Lawyers Annual Guide to Litigation & ADR, listed as one of the leading disputes lawyers in the
- Legal Experts directory (2009, 2010), listed for arbitration, published by Legal Business
- Legal 500
- Chambers
- Chambers
- Global Arbitration Review, The guide to specialist arbitration firms (2008), noted for international arbitration
PUBLICATIONS
- Editor, Fulbright & Jaworski L.L.P. International Arbitration Report, 2010
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Co-Author, “Witness Evidence: Written or Oral, Who asks the Questions?” Schriftenreihe der Deutschen Institution für Schiedsgerichtsbarkeit (German Institute of Arbitration), Vol. 26, on The Taking of Evidence in International Commercial Arbitration, pp. 33-43, April 2010
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Co-Author, Chapter on Saudi Arabia, The Dispute Resolution Review, Second Edition, April 2010
- Co-Author with James Rogers, “Effect of Party Insolvency on Arbitration Proceedings: Pause for Thought in Testing Times,” Transnational Dispute Management, Vol. 7, Issue 1, April 2010; also published by the Chartered Institute of Arbitrators in Arbitration, Vol. 76, pp. 277-290, May 2010
- Co-Author, "Enforcement of Foreign Arbitral Awards in Russia: Improving, But Still Uncertain," Oil, Gas & Energy Law Intelligence, Vol. 7 - Issue 2, OGEL special issue on EU-Russia relations, May 2009
- Co-Author with Lucy Greenwood, "Dissenting Opinions in Arbitration Awards: More Trouble Than They are Worth?" Mealey's International Arbitration Report, Vol. 24, No. 5, May 2009
- Co-Author with Antony Corsi, "UK looks set to hang on to major arbitration role," Insurance Day, February 13, 2009
- Co-Author with Lucy Greenwood, Practice Note on "Hybrid, multi-tiered and carve out dispute resolution clauses," PLC Arbitration, February 2009
- Co-Author with Richard Hill, "Arbitration and New Technologies: Electronic Disclosure in International Arbitration," The International Comparative Legal Guide to: International Arbitration 2008; also published in CDR News, March 2009
- Co-Author with Aníbal Sabater, "UNCITRAL Arbitration: New Rules on Transparency?" Mealey's International Arbitration Report, Vol. 23, No. 5, May 2008
- Co-Author with Andrew Yong, "Dell - The Case of the Hyper-Linked Arbitration Clause," Mealey's International Arbitration Report, Vol. 22, No. 11, November 2007
- "Interviewing Prospective Arbitrators," Mealey's International Arbitration Report, Vol. 22, No. 8, August 2007
- Co-Author, "Protecting Foreign Investments - Contract or Treaty?" ICC UK Handbook, 2005
- Contributed substantial research to 4th edition of Redfern & Hunter, Law and Practice of International Commercial Arbitration, 2004
- Co-Author, chapter on The Award in The Practitioner's Handbook on International Arbitration and Mediation, 2002
- Co-Author, "The Operator's Limitation of Liability Under the 1995 AIPN Model Form International Operating Agreement - Have We Gone Too Far?" AIPN Advisor No. 213, November 2001; Landman, May/June 2002
- Co-Author, "Bilateral Investment Treaty Arbitration," The Romanian Digest, Vol. VII No. 4, April 2002
- Co-Author, "The 'Americanization' of International Arbitration?" Mealey's International Arbitration Report, Vol. 16, No. 4, April 2001
- Co-Author, "Force Majeure Events Overseas Can Leave Investors Poorer," Energy Law, July 23, 1998
SPEECHES
- "The Conflict Between Bankruptcy and Arbitration," Panelist, CPR (International Institute for Conflict Prevention and Resolution) 2010 Annual Meeting on Global ADR: The New Reality, New York, January 2010
- "Witness Evidence: Written or Oral, Who asks the Questions?," DIS Fall Conference on The Taking of Evidence in International Commercial Arbitration, Stuttgart, Germany, October 2009
- "Making the Most of Multi-Tier Dispute Resolution Provisions," Hill International and CIOB Masterclass on Construction Delay & Disruption in a Changing Economic Climate, Abu Dhabi, United Arab Emirates, June 2009
- Witness Examination Workshop for
- "Public Policy and the Interpretation of Substantive Standards and Protections. Is there a Place for Margins of Appreciation and Standards of Review in Applying International Investment Standards?" Panelist,
- "Arbitration Around the World: Europe," Fulbright International Dispute Resolution Series, New York, November 2008
- "Attorney-Client Privilege: Investigations and International Issues," Fulbright & Jaworski L.L.P., Houston, Texas, October 2008
- "Nationalism and Re-nationalism," Panelist for Regional Perspectives - Economic Nationalism, Windsor Energy Group meeting on Global Energy - Policy Needs and Priorities, Houston, Texas, November 2007
- Arbitrator Training Workshop for Houston Maritime Arbitrators Association, trainer and presenter, Houston, Texas, November 2007
- "Arbitrator Conflicts," Panelist, American Bar Association International 2007 Fall Meeting, London, England, October 2007
- "Trends in International Arbitration Around the World: Europe: Ten Trends," Today's Fastest Growing Form of Dispute Resolution: 2007 Arbitration Conference, Fulbright & Jaworski L.L.P., Minneapolis, Minnesota, April 2007
- "Summary Judgment," in England & Wales and the US, Panelist, chaired by Lord Justice Rix, The American Inn of Court, London, England, February 2007
- "Europe: Ten Trends," Global Positioning: Managing Disputes All Over the Map, Fulbright & Jaworski L.L.P. Houston Arbitration Conference, April 2006
- Mock Arbitration for PricewaterhouseCoopers International Arbitration University, writer and participant, London, England, March 2006
- "Treaty claim or contract claim?" Panelist, Emerging Markets: How Safe is Your Investment? London, England, February 2005
- "Bilateral Investment Treaty Arbitration in Argentina," Debt Restructuring in Argentina: Litigation or Arbitration? chaired by Lord Brennan QC, Canning House seminar, London, England, October 2003
- "Choosing Arbitration as the Dispute Resolution Mechanism in Commercial and M&A Transactions," October 2003
- "Drafting Arbitration Clauses," PLI International Business Litigation and Arbitration conference, New York, New York, March 2002
- Co-authored and appeared in mock ICSID arbitration for the Institute for Transnational Arbitration's 2001 conference, Dallas, Texas, proceedings published in Arbitration International, Vol. 18, No. 3, 2002
EDUCATIONAL BACKGROUND
1994 - Legal Practice Course, with distinction, College of Law, Guildford
1993 - BA, Honours degree, Jurisprudence, first class, Worcester College, Oxford University
Jonathan qualified as a Solicitor in England and Wales in 1997, was admitted to practice law in the State of New York in 2002 and was registered as an advocate in Part II of the DIFC Courts' Register of Practitioners in 2010.
