Fernández, Mercedes

Current Employment Position(s)

Partner

Languages

• English
• Spanish

Lawyer Overview

Mercedes Fernández's practice focuses on civil law procedure, encompassing arbitral and judicial proceedings. Her litigation experience is centered on disputes arising from construction contracts and large civil engineering projects, construction defects, energy projects, distribution, and merger and acquisition transactions. She oversees the Madrid Office litigation and arbitration practice.

Mercedes has participated in judicial proceedings before the Spanish courts at all levels, including the Supreme Court. She also has acted as counsel in national and international arbitral proceedings, including ad hoc and institutional arbitrations. Her extensive experience in arbitration includes proceedings governed by ICC and UNCITRAL rules, as well as those dealing with investment issues administered by the World Bank (CIADI). She also works in the area of civil and commercial law, including construction, corporate matters, and acquisitions, and acts as an independent arbiter.

Recently Mercedes has represented the Spanish company Técnicas Medioambientales TECMED S.A. in an ICSID arbitration against the government of Mexico concerning the investment in and operation of a waste management facility in Mexico, obtaining a favorable outcome. She also has successfully defended Vista Desarrollo in a judicial complaint filed by the construction company Huarte as a result of the purchase of shares of the company Essa. After obtaining a favorable result in the first and second instance, the Supreme Court confirmed the result making it definitive.

Areas of Practice

• International Litigation & Arbitration
• Trial Practice
• Product Response Team
• Alternative Dispute Resolution & Mediation
• Construction
• Commercial Disputes
• Construction Litigation

Representative Cases

• Acciona Group obtains Madrid arbitral award related to energy plant and energy supply agreement
• Acciona Group participates in arbitral proceedings initiated by four Losan Group companies
• Acciona Group wins favorable arbitral award in dispute related to start-up delay of two energy plants built by joint venture
• Bau, Walter (DYWIDAG), Fomento De Construcciones Y Contratas (FCC), MAN, Siemens, Acciona Group, S.A. in ICC arbitration proceedings in South America
• Enersis group claims 1.3 billion USD in ICSID arbitration
• Ferrovial Agroman defends against arbitration related to construction disputes
• Ferrovial Inmobiliaria prevails in proceeding relating to warehouse lease
• Fomento De Construcciones Y Contratas (FCC) in arbitration proceedings against Panamanian company
• Genentech favorably resolves multijurisdictional dispute against contractor hired to convert pharmaceutical plant in Spain
• Necso Entrecanales Cubiertas pursues arbitration to recover extra cost incurred during Barcelona shopping center construction delays
• Necso pursues arbitration regarding construction of Medellin Metro in Columbia
• NESCO resolves in judicial and arbitral proceedings disputes related to large construction projects
• Tecnicas Medioambientales Tecmed (ACS-Dragados Group) makes ICSID arbitration claims against the Mexican government
• Vista Desarrollo prevails against action by construction company resulting from purchase of Essa shares , (2009)

West Practice Categories

Bankruptcy Litigation, Business & Commercial Law, Class Actions, Collections & Repossessions, Commercial Leasing, Complex Litigation, Consumer Protection, Contracts, Debtor/Creditor, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Franchising, International Trade Litigation, International Transactions, Joint Ventures, Lemon Law, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Secured Transactions, State Appellate Practice, State Trial Practice, Tax Litigation, Transactions, Uniform Commercial Code, US Court of Appeals for the Federal Circuit, US Supreme Court, Warranties

Bar Admissions

• Madrid, Spain

Education

• U of Oviedo - Spain

Address

Paseo de Recoletos 37-41
Planta 5ª
28004 Madrid, Spain

Phones

34.91.520.3926 (Business Phone)

Faxes

34.91.520.3938 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com