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Jonathan Sutcliffe
Partner
D: +44(0)20-7832 3626
London
85 Fleet Street
London EC4Y 1AE
United Kingdom
T: +44 20 7832 3600
F: +44 20 7832 3699
AREAS OF CONCENTRATION
- Arbitration and ADR
- Dispute Resolution
EXPERIENCE
Jonathan Sutcliffe is a partner in the London location of Fulbright & Jaworski International LLP. Jonathan has significant experience in international arbitration and dispute resolution and has acted for numerous clients on a diverse range of commercial international arbitration, ADR and litigation matters, including in the energy, construction, defense, insurance, international joint venture and film sectors and on investor-State disputes. Jonathan also has a non-contentious practice advising on the drafting of arbitration and jurisdiction agreements and clauses. Jonathan is qualified in England and Wales and in New York. Jonathan is recommended for international arbitration by Chambers UK 2008 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 in Legal 500 UK 2007/8.
REPRESENTATIVE EXPERIENCE
- 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
- Executive Board, International Centre for Dispute Resolution (ICDR) Young & International
- LCIA (London Court of International Arbitration)
- Member of the Advisory Board of the Institute for Transnational Arbitration (ITA)
- The American Inn of Court, London
- Society of English and American Lawyers
- United States Council for International Business (USCIB) Young Arbitrators Forum
PUBLICATIONS
- Co-author with Richard Hill, "Arbitration and New Technologies: Electronic Disclosure in International Arbitration," The International Comparative Legal Guide to: International Arbitration 2008
- Editor, Fulbright & Jaworski L.L.P. 2008 International Arbitration Report
- 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
- "Nationalism and Re-nationalism," Panelist for Regional Perspectives - Economic Nationalism, Windsor Energy Group meeting on Global Energy - Policy Needs and Priorities, Houston, November 2007
- Arbitrator Training Workshop for Houston Maritime Arbitrators Association, trainer and presenter, Houston, November 2007
- "Arbitrator Conflicts," Panelist, American Bar Association International 2007 Fall Meeting, London, 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, April 2007
- "Summary Judgment" in England & Wales and the US, Panelist, chaired by Lord Justice Rix, The American Inn of Court, London, 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, March 2006
- "Treaty claim or contract claim?" Panelist, Emerging Markets: How Safe is Your Investment? London, February 2005
- "Bilateral Investment Treaty Arbitration in Argentina," Debt Restructuring in Argentina: Litigation or Arbitration? chaired by Lord Brennan QC, Canning House seminar, London, 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, March 2002
- Co-authored and appeared in mock ICSID arbitration for the Institute for Transnational Arbitration's 2001 conference, Dallas, 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 and was admitted to practice law in the State of New York in 2002.
