viac – questionnaire for arbitrators...• global epc project & contract management for energy...
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VIAC – Questionnaire for Arbitrators
1. Name: Jacob Christian Jørgensen
2. Citizenship: Danish
3. Contact information:
Address: Teglværksvej 47, 3460 Birkerød, Denmark
Telephone: +45 2075 8200
Fax:
E-Mail: [email protected]
Website: https://jacobcjoergensen.wordpress.com/
LinkedIn: https://www.linkedin.com/in/jacob-c-joergensen/
4. Current position:
High Court Judge (pro tem)
5. Education:
2018- Qualified Lawyers Transfer Scheme (QLTS)
2013-16 Fellow of the Chartered Institute of Arbitrators
2013 Right of audience in the Danish Supreme Court
2009-13 Registered Foreign Practitioner in England & Wales
2005-08 Society of Trust and Estate Practitioners:
Registered Trust and Estate Practitioner (TEP)
2003 Danish Bar Exam (Advokat)
1996-99 University of Copenhagen, Faculty of Law:
MA. in Commercial Law (Cand.Jur)
1999 The Duke-Geneva Institute in Transnational Law:
Exam in International Banking Law
1999 Université de Pau et des Pays de l’Adour:
Certificat Pratique de Langue Française
1998 The European University Institute, Academy of European Law:
Certificate in European Union Law
1997-98 University of Cambridge, Jesus College:
LL.M. in International Commercial Law
1993-96 University of Copenhagen, Faculty of Law:
BA. in Law
6. Practiced experience in arbitration
• How many arbitrations have you participated in (domestic/international); under which Rules?
Please see the attached overview.
• How often have you acted as Chairman?
None.
• How often have you acted as Sole Arbitrator?
None.
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• How often have you acted as Co-Arbitrator?
Once.
• How often have you acted as Counsel?
10 times in domestic and international arbitrations. In excess of 200 cases litigated in the courts.
• How often have you acted in a different function (e.g. Administrative Secretary)?
Approx. 50-60 times (“CRT” awards and procedural orders)
As a High Court judge I have participated on a panel of three judges and rendered judgments in
commercial matters approx. 15 times over the past three months.
In addition, I have rendered procedural awards in approx. 20 commercial cases.
7. Publications and other activities in arbitration (e.g. training sessions, seminars, conferences, articles
and others):
Publications:
• “Entreprenørens krav på ’uabsorberede’ kapacitetsomkostninger”, (author), (to be published in the
Danish law journal, T:BB, in the fall of 2018)
• “International Construction Contract Law”, 2nd
ed., 2018, (co-author), (published in 2018 by Wiley
Blackwell)
• “Doing Business” 2017, 2018, 2019, (contributing author), World Bank Group,
• ”Mitigating the Risk of Delays in Power Plant Projects”, 2017, (author), Yearbook on International
Arbitration, NWV, Vienna, Roth/Geistlinger (eds.)
• “Anfægtelse af ‘Sham’ Trusts”, (author), Erhvervsjuridisk Tidsskrift, May 2016, Vol. 2
• “Study on the Application of the Cross-Border Mergers Directive”, (project director), European
Union, 2016, ISBN-978-92-79-29930-8
• “Sham Trusts”, (author), SSRN: http://ssrn.com/abstract=2758245, April 2016
• “Finding, Freezing & Attaching Assets – a Multi-Jurisdictional Handbook” (co-author and editor),
Kluwer Law International, 2016, ISBN-9789041167415
• “International Construction Contract Law by Dr. Lukas Klee, 2015, published by Wiley Blackwell”,
(book review). ASA Bulletin, Vol. 3/2015
• “Fehmarn Belt – an understanding of Danish Construction Law”, (author), IBA Construction Law
International, Vol. 8, Issue 3, 2013
• “Who owns the Float? – a Scandinavian Perspective”, (co-author), International Construction Law
Review, 2013, p. 379 ff.
• “Delay Clauses in International Construction Contracts”, (co-author and editor), Kluwer Law
International, 2010, ISBN-10: 9041126724
• “The Taxation of Trusts, Trustees, Protectors and Underlying Companies Under Swiss Law”, (author),
SSRN http://ssrn.com/abstract=2758196, May 2009
• “Class Actions in Denmark”, (co-author) Global Competition Litigation Review, Issue 2., 2008
• “Expert Witnesses in Danish Arbitration”, (author), 26 ASA Bulletin, Issue 3
• “International Construction Project Joint Ventures under Swiss Law”, (author), International
Construction Law Review, 2006, p. 394 ff.
• “Swiss Assets and Estate Planning”, (author), ABA Journal Probate & Property, 2006 Vol. 20, No. 2
• “The New Danish Arbitration Act”, (co-author), International Arbitration Law Review, 2005, p. 203ff.
• “Mere om afkast af deponerede huslejebeløb”, (author), Ugeskrift for Retsvæsen 2004B.422
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• “Retten til renter af deponerede beløb”, (author), Ugeskrift for Retsvæsen 2004B.121
• “Betryggende sikkerhedsstillelse efter AB92 § 6”, (author), Juristen, 1999/9
Conference Presentations:
• 5th
Middle East Law Conference – Construction Contracts and Engineering Projects in Africa and
Gulf Countries, 24-27 December 2018, Marrakesh, Marroko
Topic: “FIDIC Contracts and their Impact on Balance and Access to Contracts”
• 6th Contract Risk Management for Energy Sector 2018, 5 – 7 December 2018, Amsterdam
Topic: “Discovery process in arbitration: how to be aware during contract execution?”
• 4th Annual Forum on Procurement and Supply Chain for the O&G and Energy Industry, 22-23
November 2018, London
Topic: “The use of fast track arbitration in time-sensitive supply chain disputes”
• 5th Contract Risk Management for Energy Sector 2017, 4 – 6 December 2017, Amsterdam
Topic: “Stabilisation & renegotiation clauses in international energy contracts”
• Global EPC Project & Contract Management for Energy Sector 2017, 31 May – 2 June 2017,
Amsterdam
Topic: “Concurrent delays, how to regulate and avoid them, who owns float”
• 4th Contract Risk Management for Energy Sector 2016, 23 – 25 November 2016, Amsterdam
Topic: “Mitigating the risk of delays in power plant projects – an EPC contractor’s perspective”
8. Membership in arbitral institutions / functions in arbitral institutions/organizations:
• The Chartered Institute of Arbitrators (CIArb): Fellow.
• The WIPO Arbitration and Mediation Center: Listed as an arbitrator candidate.
9. Languages
Mother tongue: Danish and Swedish.
Working languages (i.e. languages in which you have both a spoken and written command so that
you may conduct arbitral proceedings in this language): English.
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10. In which legal systems have you trained?
x� Civil Law x� Common Law
� Austrian Law � Hungarian Law x� Swiss Law
� Czech Law � Polish Law � Ukrainian Law
� German Law � Slovakian Law � � European Law
Other: Swedish law______
11. What is your main jurisdiction of practice?
Denmark
12. Special expertise or specializations (please list a maximum of five):
� Antitrust/Unfair competition � Damages � Insolvency X� Power plants
� Aviation � Distribution � Insurance � Private Intern. Law
� Banking & Finance � Domain name disputes x� Intellect. property (IP) � Public Intern. Law
� Capital markets � Employment � ISDS/ Foreign invest. x� Real estate
x� CISG x� Energy x� Joint ventures x� Shipping
� Civil fraud disputes x� Engineering x� Licensing x� Sports
� Commercial disp. / transactions � Entertainment � Life sciences � State/Public contracts
� Commodity market � Healthcare & Pharmac. � Maritime arbitration x� Technology
x� Company/Corporate/M&A � Hotel/Gastro./Tour. � Media � Telecommunication
x� Construction � Inform. technology (IT) x� Mining � Transport
x� Contract law x� Infrastructure x� Natural resources
� Other ______________________________________
13. Date of birth: 11 June 1974
I have completed this questionnaire to the above to the best of my knowledge and believe they are
accurate.
VIAC offers arbitration practitioners the possibility to present themselves on its website. VIAC reserves
the right to publish any presentations submitted and to remove it as the case may be. Parties are free
to nominate an arbitrator of their choice and so is the VIAC Board when appointing an arbitrator.
These presentations do not constitute recommendations but may assist the parties in choosing an
arbitrator willing to conduct proceedings according to the Vienna Rules. The fact that an arbitration
practitioner appears on this list, does not authorize this person to use the title "VIAC-arbitrator".
x� I hereby consent that the data provided in this questionnaire may be processed for the
appointment of arbitrators and published by VIAC. This includes in particular publication on the
website of VIAC as well as use in any presentations, etc. This consent may be withdrawn at any time by
contacting VIAC at our general contacts, in particular by email addressed to [email protected]. The
consequence of any such withdrawal will be that my data will no longer be processed by VIAC. For
further information, see our privacy statement at http://www.viac.eu.
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_______9 July 2018_________ ______________________
Date and Signature
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List of selected arbitration cases
Name of arbitral Role Nature of dispute Assets in dispute Outcomeinstitution
Danish Institute of Party-appointed M&A. (Danish law) In excess of 10 mill Award rendered onArbitration arbitrator DKK 29 May 2012
Danish Institute of Counsel for the Construction dispute ln excess of 5 mill Settled in augustArbitration Claimant (a US involving a defective DKK 2013
company) crane. (ColoradoState law)
Ad hoc arbitration Counsel for the M&A. (Swedish law) ln excess of 30 mill Case settled 2 weeksinvolving a Swedish and Claimant (a Danish DKK before the finala Danish company in company) hearing in June 2009the safari/huntingtravel industry
Danish Institute of Counsel for the M&A. (German law) ln excess of 5 mill Award rendered onArbitration Respondent (a DKK 26 April 2010
Danish_company)Danish Institute of Counsel for the Construction dispute Ifl excess of 10 mill Award by consentConstruction Disputes Respondent fa involving delays and DKK following the final
Danish company) defects in relation to hearing in April 2007a hotel renovationproject. (Danish law)
Danish Institute of Counsel for the Construction dispute Ifl excess of 5 mill Award by consentConstruction Disputes Respondent (a involving defects in DKK following the final
Danish company) relation to a housing hearing on 9 Octoberproject. (Danish law) 2012
ICC case 13898/MS Member of a team Gas quality and Ifl excess of 800 mill Award rendered onof lawyers pricing dispute. USD 17 February 2009representing the (General principles ofClaimant fa state- international law /owned Turkish UNIDROIT)entity)
ICC case 11724/DK Member of a team M&A dispute. fSwiss In excess of 20 mill Award rendered inof lawyers law) USD March 2006representing theClaimant (aGerman company)
The Cairo Regional Member of a team Construction dispute In excess of 500 mill Case settled in JulyCentre for International of lawyers involving defects afid USD 2004Commercial Arbitration representing the delays in relation to a
Respondent (a gas refinery (Frenchstate-owned law)Egyptian entity)
The Danish Institute of Member of a team Construction dispute Ifl excess of 1 billion Final awardsConstruction Disputes of lawyers involving defects and DKK rendered during the
representing the delays in relation to spring of 2013Clalmant (an the Copenhagen
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international Metro Project (UKconsortium) law)
Danish Institute of Representing the Construction dispute In excess of 5 mill PendingConstruction Disputes owner in a major involving defects and DKK
renovation project delaysThe Claims Resolution Trainee lawyer Disputes involving 800 mill USD As a trainee lawyer ITribunal for Dormant ownership to so- drafted approx. 50Accounts in Switzerland called dormant WWII awards and
accounts in Swiss procedural ordetsbanks (Swiss law) from the period
between Jan 2000and June 2001
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Geneva, 2 July 2018
Re.: Letter of reference for Jacob C. Jorgensen Dear Madam or Sir, Mr Jacob C. Jorgensen has asked me to provide you with a letter of reference, which I understand will be used to assess Mr Jorgensen as a possible VIAC arbitrator candidate. I have known Jacob C. Jorgensen since 2005 when we both worked as associates in the law firm, Lalive, in Geneva. Subsequently we have worked together on a number of cases, including dispute resolution and more particularly commercial arbitration matters. Mr Jorgensen is a Danish attorney specialised in international arbitration. In addition to the Scandinavian languages, he speaks English and French and also has a good command of the German language. He holds law degrees from the University of Cambridge and the University of Copenhagen and is a Fellow of the Chartered Institute of Arbitration. He has also been listed as an arbitration expert in the Who’s Who Legal for several years. Apart from in Switzerland, Mr Jorgensen has practised law in both Denmark and the United Kingdom where he was registered as a foreign practitioner for a number of years. I should also like to mention that Mr Jorgensen has a wide knowledge of the Scandinavian legal systems, including Swedish law. In 2003, he was thus responsible for the Nordic legal systems at the Swiss Institute for Comparative Law in Lausanne. Furthermore, Mr Jorgensen is academically very active. He regularly publishes in the field of arbitration and construction law and frequently speaks at international energy law and construction law conferences. I am also aware that he has recently accepted a position as a guest lecturer at the University of Copenhagen.
Email: [email protected] Dir. Tel.: +41 (0)22 311 0052 Mobile: +41 (0)76 422 0052 VAT N°: CHE-271.864.653 TVA
To whom it may concern
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As a former equity partner of the law firm, Philip & Partners, Mr Jorgensen is a well-known and highly regarded member of the international arbitration community in Scandinavia. He has been involved in several major disputes both as counsel, co-counsel and as arbitrator over the past 15 years. Most recently, he has served as a High Court judge (pro tem) in the Eastern Division of the Danish High Court – a position only offered to a few distinguished members of the Danish legal profession. I have recently had the privilege of working closely together with Mr Jorgensen on a major dispute involving a multitude of biomass power plants in the United Kingdom. From this work and from my longstanding professional relationship with Mr Jorgensen and my knowledge of his background, qualifications and personal qualities, I am pleased warmly to recommend him as an arbitrator candidate. In my practice, I am frequently engaged in the appointment of arbitrators. In my opinion, Mr Jorgensen would be qualified to adjudicate as an arbitrator in a wide range of commercial disputes, including in particular construction disputes and disputes arising out of energy contracts. His knowledge of both common law and the civilian legal systems - including in particular Swiss and Swedish law – combined with his experience as a High Court judge will undoubtedly render him an attractive candidate among users of VIAC arbitration. Should you need any further information or details regarding Mr Jorgensen, please do not hesitate to contact me.
Yours sincerely,
Phillip LANDOLT