“Prise en compte des droits de l’homme et de l’environnement dans les traités bilatéraux d’investissement” in “La protection des investissements étrangers : vers une réaffirmation de l’État ?”, Actes du Colloque du 2 juin 2017, A. Pedone, 2018
Biography
| NATIONALITY: | Brazilian and German |
| LANGUAGES: | Portuguese, English, French and Spanish |
| ADMISSION: | Brazil, Portugal and Paris (Directive 98/5/EC) |
| OFFICE: | Paris |
Ana Gerdau de Borja Mercereau is a senior associate at Derains & Gharavi (Paris) with over 12 years’ experience in international and domestic arbitration. She has acted as counsel and secretary to arbitral tribunals in commercial and investor-State arbitrations under the ICSID, the ICC, the LCIA-MIAC, and the ICDR/AAA rules, and under Brazilian institutions’ rules (CAM-CCBC, CCMA CIESP/FIESP, CAMARB, Câmara FGV, CAM-BM&FBOVESPA, AMCHAM-Brazil and CMA from São Paulo’s Instituto de Engenharia). Her cases have included commercial transactions, joint ventures, large infrastructure projects (in construction, renewable energy, oil & gas and transportation), M&A deals, and projects in real estate and for mining research and exploration.
She is a member of the ICC Commission on International Arbitration and ADR, upon nomination of the Brazilian Committee, and of its Task Force entitled “Corruption in International Arbitration.” Ana is one of the founders of the Rising Arbitrators Initiative and co-chair of its Executive Committee, a CIArb European Branch YMG Representative, a member of CIArb YMG Global Steering Committee and of Delos’ Long View Steering Committee. She was the recipient of one of the 14 “Women in Law Award, Latin America” for Brazil in 2014.
Ana holds a Ph.D. and an LL.M. (International Law) from the University of Cambridge and speaks French, English, Portuguese (native language) and Spanish
She is admitted to the Bars of Brazil (São Paulo) and Portugal (Porto) and is registered with the Paris Bar (Directive 98/5/EC).
PROFESSIONAL EXPERIENCE
| Since 2018 | Associate, Derains & Gharavi (Paris) |
| 2015 – 2017 | Associate, International Arbitration, Cleary Gottlieb Steen & Hamilton (Paris) |
| 2010 – 2015 | Associate, International and Domestic Arbitration, Professor Wald’s law firm (São Paulo) |
| 2009 – 2010 | Associate, International and Domestic Arbitration, BKBG (São Paulo) |
ACADEMIC POSITION
| 2017 | Lecturer in Private International Law (Prof. Bernard Haftel’s course) at the University of Paris-XIII |
EDUCATION
| 2010 | PhD in law, under the supervision of James Crawford, thesis: « Regional Economic Community Rules and lnvestment Treaty Arbitration: The EU Experience and its Relevance for the Andean Community », from the University of Cambridge |
| 2006 | LL.M. in international law from the University of Cambridge |
| 2005 | LL.B. from the University of Federal do Rio Grande do Sul, Porto Alegre |
MEMBERSHIPS
- Co-founder of the Rising Arbitrators Initiative (RAI) and co-chair of its Executive Committee
- Fellow, Chartered lnstitute of Arbitrators, FCIArb
- Member of the ICC Commission on Arbitration and ADR
- Member of the Brazilian Arbitration Committee (CBar)
- Member of the Dispute Resolution Board Foundation (DRBF)
- Member of ICC Brazil
- Member of the ICC Task Force for the revision of ADR, Expert and Dispute Board rules (2012-2014)
Publications
“Caso Valeri Belokon v. Kyrgyz Republic : the standard of proof applying to corruption allegations” (comentário) in Revista de Arbitragem e Mediação no. 56, 2018
"lnstalment Contracts and Fundamental Breach in the CISG : A Brazilian Perspective", in I. Schwenzer, C. Pereira, and L. Tripodi (eds), “CISG and Latin America”, Eleven Publishing (2016)
lnvestment Protection in Brazil, with D. Levy and A. Pucci, Kluwer (2014)
"Brazil as 'La Belle of the Ball': The Brazilian Courts' Pro-Arbitration Stance (2011-2012)" (with A. Wald and M. Vieira) in The Paris Journal of International Arbitration/Les Cahiers de l’Arbitrage 2013-2