“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 an associate at Derains & Gharavi specializing in international arbitration. She was the recipient of one of the 14 “Women in Law Award, Latin America” for Brazil in 2014. Legal 500 and Latin Lawyer 250 both praised her in the following terms: “Ana Gerdau de Borja [is] highly recommended for arbitration” and “[...] Ana Gerdau de Borja [is] also noteworthy [in arbitration]”, 2013.
Her areas of practice include international commercial disputes and investment arbitration in the fields of distribution, agribusiness, construction, energy and transports. She has acted as counsel to parties and secretary to arbitral tribunals in arbitration proceedings conducted under the auspices of, inter alia, the International Court of Arbitration of the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), the International Centre for Dispute Resolution (ICDR/AAA), the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC), the Câmara de Conciliação, Mediação e Arbitragem Ciesp/Fiesp (CCMA CIESP/FIESP), the Câmara de Arbitragem Empresarial – Brasil (CAMARB), the Câmara de Arbitragem do Mercado BM&FBOVESPA (CAM-BM&FBOVESPA) and the Arbitration Center of the American Chamber of Commerce in Brazil (AMCHAM-Brazil).
Ana is admitted to the bars of Brazil and Portugal and is registered with the Paris Bar (Directive 98/5/EC). She obtained a PhD in law and an LL.M in international law from the University of Cambridge. She also lectured at the University of Paris-XIII in 2017.
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
- 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