Lawyer admitted to Italian bar

PERSONAL DETAILS

Born in Siena – Italy on 2 January 1969
Tel.: (+39) 348 355 0448
Email: jmn@jmu.it
Languages: Italian, English.
Jacopo Monaci Naldini works since 1995 in the field of international transactions and international disputes.

MAIN AREAS OF INTEREST

International transactions and disputes.

MAIN INDUSTRIAL SECTORS

Construction, Energy, Real Estate.

EDUCATION

Law degree cum laude at University of Siena; Thesis on the Recognition and Enforcement of Foreign Arbitral Awards (1994)

LL.M “International Business Law” at University College of London (1998).
Subject-matters:
– International Trade Law (Prof. Ewan McKendrick);
– International Business Transactions – Litigation (Prof. T.C. Hartley – Prof. Robin Morse);
– Commercial Arbitration (Dr. Julian Lew);
– International Tax Law (Prof. David Williams – Dr. Philip Baker)

OTHER (EDUCATION & TRAINING)

– AISA February 1995 “La legge di riforma dell’arbitrato” (Bologna)
– Federazione Motociclistica Italiana June 1998 – Corso per dirigenti (Polcanto – Florence)
– ICC March 2010 – Institute Masterclass for Arbitrators (Paris)
– CIArb June 2012 – Accelerated Course to Fellowship (Paris)
– DRBF September 2012 – DRB Administration & Practice Workshop (New York)
– DRBF September 2012 – DRB Advanced/Chairing Workshop (New York)
– CIArb May 2013 – Training for Trainers Course in International Arbitration (Geneva)
– International Arbitration Advocacy October 2013 – Training (London)
– FIDIC November 2013 – Managing, Defending and making claims under FIDIC Contracts (Istanbul)
– DRBF/CAM/ARBIT June 2016 – Administration & Practice Workshop (Milan)

TEACHING

– CIArb from 2013 to present – Tutor and Assessor to Introductory Course in International Arbitration, Module 2, Module 3, Accelerated Route to Fellowship
– University Institute of European Studies (Turin) January 2015 – LL.M in International Trade Law. Lecture on “Introduction to Dispute Boards”
– Occasional lecturer at universities and other entities on International Transactions and Arbitration

ARTICLES

– “Analisi comparata tra accordo bonario e dispute board” in Appaltieriserve.it, May 2015
– “Fare efficienza” in Quotidiano Immobiliare, May 2015.

MEMBERSHIP

– Chartered Institute of Arbitrators (CIArb – European Branch) – Fellow, admitted to Approved Faculty List
– Dispute Resolution Board Foundation (DRBF) /
– Italian association of property lawyers (AGIDI)

EXPERIENCE IN INTERNATIONAL DISPUTES

– Counsel in ad hoc and institutional arbitrations administered by ICC, VIAC, CAM, Coffee Trade Federation
– Arbitrator in ad hoc and institutional arbitrations
– Counsel in Dispute Boards procedures and Millennium Challenge Corporation procedures
– Counsel in international litigation

REPRESENTATIVE EXPERIENCE PER INDUSTRIAL SECTOR

REPRESENTATIVE TRACK RECORD ON CONSTRUCTION AND ENERGY

– Financing contract of wind farm. Italy – assistance to financing bank (2004)
– Public work for the construction of a test plant for high speed trains. Italy – continued assistance to contractor (2006)
– Public work for the design and safety works for river adjacent to train station. Italy – continued assistance to contractor (2006)
– Public work for the design and construction of high speed trains station and underground tunnel. Italy – continued assistance to general contractor (2007)
– FIDIC Pink Book for design and construction of motorway. Azerbaijan – continued assistance to contractor (2008)
– Contract for “work over” services and hydraulic land rig. Italy – revision of contract (2010)
– BOOT contract for biomass plant. Italy – drafting of contract (2011)
– Subcontract for construction of pipeline. Italy – drafting of contract for employer (2012)
– EPC contract. Gas storage plant design and construction. Italy – negotiation for contractor (2013)
– Public work for design and construction of motorway. Bulgaria – continued assistance to contractor (2013)
– FIDIC Pink Book contract for design and construction of motorway. Kazakhstan – continued assistance to contractor (2013)
– EPC Contract. Trans Adriatic Pipeline. Italy, Albania, Greece – assistance to tenderer for tender phase (2014)
– PPP Contract for solar plant. Namibia – negotiation and drafting for contractor (2014)
– Subcontract for heart movement. South Stream WP5.2 Project Landfall Bulgaria and South Stream WP3 TW. Bulgaria – assistance to tenderer for tender phase (2014)
– EPC Contract for revamping of gas treatment plant. Italy – continued assistance to contractor (2015)
– EPC Contract. Trans Adriatic Pipeline. Italy – continued assistance to contractor (2015)

REPRESENTATIVE TRACK RECORD ON CONSORTIA AND JOINT VENTURES

– JV for Oil&Gas works. Kazakhstan – drafting (2003)
– JV for civil/hydraulic works. Italia – continued assistance to contractor (2006)
– Consortium for design and construction of biomass plants. Italy – drafting (2010)
– JV for the design and construction of subway. Turkey – drafting and negotiation (2011)
– Consortium (società consortile a responsabilità limitata) for design and construction of biomass plants. Italy – drafting (2012)
– JV for design and construction of gas storage plant. Italy – drafting (2013)
– Consortium Agreement for EPC. Nawara Pipeline South Tunisian Gas Project. Tunisia – assistance to tenderer in tender phase (2014)
– JV for Oil&Gas drilling services. Czech Republic – drafting (2015)
– JV for Oil&Gas works. Italia – drafting (2015)
– JV for civil works in Oil&Gas plants – study of Saudi Arabia and Kazakhstan local laws to set up branch or permanent establishment (2015)
– JV for pipeline construction. Italia – drafting (2015)

REPRESENTATIVE TRACK RECORD ON REAL ESTATE

– Development of condo-hotel (2004)
– Acquisition by public auction of a former hospital and town-planning procedures (2004)
– Acquisition of land and development of condo-hotel (2006)

– Numerous real estate sale/purchase transactions worth up to 12 million Euro.

DUE DILIGENCE

Company manufacturing valves (2011)
Construction company (2012)

OTHER TRANSACTIONS

Numerous agreements, negotiations, for supply of goods, commercial distribution and agency, R&D, IT, IP, clinical trial, settlement, alliance.

MOST REPRESENTATIVE DISPUTES

– ICC Arbitration for breach of JV covenants for light railway construction. Italian claimant, German respondent. Italy (2004)
– Domestic ad hoc arbitration for breach of real estate transaction. Italy (2005)
– Litigation for breach of duty to supply goods. Italian claimant, Austrian respondent. Austria (2005)
– VIAC Arbitration for breach of duty to supply goods (engines). Italian claimant, Austrian Respondent. Austria (2005)
– Domestic institutional arbitration for wrong termination of construction contract. Italy (2008).
– Challenge to non-responsiveness of tender declared by U.S. military base in Italy. Italy (2010)
– Court litigation regarding construction of condo-hotel in conflict with town-planning regulations. Italy (2012)
– Court litigation regarding damages to pipeline. Italy (2012)
– Referral to Dispute Board for a dispute between Italian construction company and Azeri employer. Azerbaijan (2012)
– Court litigation between Italian contractor and Azeri subcontractor. Azerbaijan (2012)
– Challenge to non-responsiveness of tender declared by Millennium Challenge Corporation – Moldova Republic (2012)
– Court litigation for rejection by Italian oil company of admission of Italian company into selected suppliers list. Italy (2013)
– Court litigation regarding first demand guarantee between Italian construction company and Kazakh employer. Kazakhstan (2013)
– Referral to Dispute Board for a dispute between Italian construction company and Kazakh employer. Kazakhstan (2014)
– ICC Arbitration for breach of JV covenants for motorway construction. Italian claimant, Bulgarian respondents. France (2014)
– Court litigation between company and provider for Enterprise Resource Planning. Italy (2014)
– Domestic institutional arbitration between Italian motorcycles manufacturer and Spanish world-championship rider for wrong termination of contract. Italy (2015)
– Domestic institutional arbitration between Italian motorcycles manufacturer and Italian world-championship rider for wrong performance of contract. Italy (2016)

– Numerous disputes between Employer-Contractor and Contractor-Subcontractor.

CONFERENCES AND SEMINARS ATTENDED

ARBITRATION (SINCE 2014)

– 27.02.2014 – CAM-ARBIT Drafting of Arbitration Agreements Do’s and Dont’s (Milan)
– 10.03.2014 – ICC Annual Conference on International Arbitration in the Middle East and North Africa (Dubai)
– 13.06.2014 – ICC YAF Regional event (Rome)
– 04.07.2014 – AIA-ARBIT-IBA What’s New on Party Representation in International Arbitration? (Rome)
– 26.09.2014 – Le procedure concorsuali e l’arbitrato (Florence)
– 03.10.2014 – The Enforcement of Foreign Arbitral Awards (Venice)
– 21.11.2014 – AIA-CAM La riservatezza in arbitrato (Rome)
– 28.11.2014 – CAM Oil, gas and renewable energies investment projects: interaction between rules of law and arbitration (Milan)
– 09.12.2014 – L’arbitrato internazionale in tema di investimenti (Rome)
– 23.01.2015 – ICC YAF The Reform Club Opens to a Worldwide Community (Turin)
– 05.03.2015 ICC-CAM-ARBIT Legal Advocacy and Legal Profession (Milan)
– 24.04.2015 CIArb European Branch – Annual Conference ADR on the Shore: A Sea of Opportunities (Nice)
– 05.06.2015 – AIA-CAM La prova nell’arbitrato internazionale e la diffusione di best practices nell’arbitrato domestico (Rome)
– 16.06.2015 CAM – Collegamento contrattuale e circolazione della clausola compromissoria (Milan)
– 18.06.2015 AIA-ARBIT Third Party Funding in International Arbitration (Rome)
– 23.10.2015 CEA – Tempus Fugit: l’urgenza nell’arbitrato (Rome)
– 24.10.2015 ARBIT meets CEA (Rome)
– 27.11.2015 CAM – Arbitrating M&A Disputes (Milan)
– 04.04.2016 CIArb-ARBIT Cross-examination Techniques (Rome)
– 20.05.2016 ICC YAF Selected Issues on Transparency in International Arbitration (Florence)
– 27.05.2016 Corte Nazionale Arbitrale Impugnazione e revisione del lodo arbitrale (Rome)
– 05.07.2016 AIA Arbitration in the Construction Industry (Rome)
– 19.07.2016 CAM-AIA I Poteri degli Arbitri (Rome)

CONSTRUCTION (SINCE 2012)

– 28.09.2012 – DRBF 16th Annual DRBF Meeting & Conference (New York)
– 24.10.2014 – DRBF 18th Annual DRBF Meeting & Conference (Toronto)
– 21.05.2015 – 15th Annual International Conference Dispute Boards; The Continental Approach (Genoa)
– 07.03.2016 FIDIC-SIDiR-EFCA – Regional Infrastructure Conference Consulting Engineering in European Public Procurement (Krakow)

REAL ESTATE

– 20.04.2006 – AIJA Cross Border Investments in the Real Estate and Retail Sector (Rome – panelist)
– 21 and 28.09.2010 – Fondazione Formazione Forense Il contratto preliminare di compravendita di beni immobili (Florence)
– 13 and 27.02.2012 – Fondazione Formazione Forense Le operazioni di trasferimento di immobili e di altri beni mediante operazione societarie (Florence)
– 31.01.2013 AGIDI – Novità normative in materia di dismissione e liquidazione dei fondi immobiliari (Milan)
– 01.04.2014 – AGIDI La due diligence immobiliare (Milan)
– 16.04.2014 – Quotidiano Immobiliare – Gli investimenti stranieri nel Real Estate (Milan)
– 10.03.2016 – AGIDI Gli investimenti immobiliare tra regole e mercato (Milan)
– 20.04.2016 – AGIDI Il governo del territorio tra programmazione e pianificazione (Rome)
– 08.06.2016 – RE ITALY Real Estate Convention Day (Milan)

Clients’ feedback available upon request