Habib, Fahad A.

Current Employment Position(s)

Associate

Languages

• Hindi

Lawyer Overview

Fahad's practice is international in focus and includes litigation, international arbitration, and international trade.

Fahad was significantly involved in the global enforcement of a $261 million international arbitral award rendered against Indonesia's national oil and gas company (Karaha Bodas Co.). He has litigated claims under the Anti-Terrorism Act, the Alien Tort Statute, and the Torture Victim Protection Act, as well as advised on numerous other cross-border issues.

Fahad's international arbitration experience includes participation in two of the first NAFTA Chapter Eleven investor-state arbitrations against the United States (Loewen Group and Methanex Corp.). Most recently, he represented one of the world's largest hazardous waste management companies in parallel international commercial arbitrations under the ICC rules.

On the international trade front, Fahad counsels clients regarding economic sanctions regulations administered by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC), export control laws, the International Traffic in Arms Regulations (ITAR), the Foreign Corrupt Practices Act (FCPA), and other related statutes. Fahad also helps clients develop compliance and training programs for these laws and regularly advises on their implications in M&A transactions.

Fahad's pro bono activities have included the preparation of amicus curiae briefs submitted to the U.S. Supreme Court in support of Guantanamo Bay detainees by former U.S. POWs (Al Odah and Rasul) and by a Yemeni human rights organization (Hamdan). More recently, Fahad obtained the reversal on appeal of a Social Security Administration denial of disability benefits.

Fahad is a member of the ABA's Section of International Law, the South Asian Bar Association, and the National Association of Muslim Lawyers.

Areas of Practice

• Government Regulation
• Trial Practice
• International Litigation & Arbitration
• Corporate Compliance Programs
• Alternative Dispute Resolution & Mediation
• International Trade & National Security

Representative Cases

• American ex-prisoner of war group files amicus brief supporting petitioners Rasul et al. and al Odah et al.
• Axsys Technologies is acquired by General Dynamics , (2009)
• China Electronics and CEIEC involved in a proposed consortium takeover bid with Mitsui for TPV Technology
• Citigroup Global Markets, DSP Merrill Lynch, Deutsche Equities India, and others complete INR 27,901 million qualified institutional placement and concurrent Rule 144A and Regulation S by Hindalco Industries Limited
• Harris Corporation acquires Tyco Electronics Wireless Systems , (2009)
• Harsco Corporation acquires ESCO Interamerica, Ltda. , (2009)
• Homeless man's denial of SSA disability benefits is appealed , (2008)
• Jones Day provides amicus representation to overturn decision involving use of military commissions to try detainees at Guantanamo Bay , (2006)
• Karaha Bodas enforces arbitral award in U.S. , (2009)
• Loewen brings first-ever investor-state arbitration against U.S. under NAFTA chapter 11 , (2009)
• Methanex challenges MTBE ban under NAFTA , (2009)
• OM Group acquires EaglePicher Technologies from EaglePicher Corporation for $171.9 million , (2009)
• Onyx prevails in ICC arbitrations claiming breach of representations and warranties for waste facility purchased in Mexico
• Thirty judges from the People's Republic of China participate in a U.S. legal course designed by the National Judicial College of the Supreme People's Court in conjunction with Temple University
• Viking Group sells shares to Minimax in a complex multi-country stock sale, a transaction that will create a combined company with over $1.5 billion in sales and 6,000 employees , (2009)
• Woodward Governor acquires MPC Products for $383 million , (2009)

West Practice Categories

Bankruptcy Litigation, Business & Trade, Class Actions, Complex Litigation, Customs, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Food & Drug Administration, Foreign Investment, Government Agencies & Programs, Housing & Urban Development, International Arbitration, International Banking, International Law, International Taxation, International Trade Litigation, International Transactions, Law Enforcement Agencies, Litigation & Appeals, Medicare & Medicaid, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Social Security -- Disability, Social Security -- Retirement & Survivors Benefits, State & Local Agencies, State Appellate Practice, State Trial Practice, Tax Litigation, Trade Regulation, US Court of Appeals for the Federal Circuit, US Supreme Court, Veterans' Affairs, Welfare

Bar Admissions

• California
• District of Columbia

Education

• Georgetown University
• U of California - Berkeley

Published Works

• Developments in Economic Sanctions and Export Controls in 2008 and What's Ahead in 2009, 2009
• Navigating U.S. Sanctions Laws: Risks and Benefits of Voluntary Self-Disclosures, Jones Day Corporate Criminal Investigations Newsletter, 2008
• Act of State Doctrine — International Legal Developments in Review: 2007, International Lawyer, 2008
• International Discovery — International Legal Developments in Review: 2006, 41 International Lawyer 352, 2007

Address

51 Louisiana Avenue, N.W.
Washington, DC 20001-2113

Phones

1.202.879.3663 (Business Phone)

Faxes

1.202.626.1700 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com