André Pereira da Fonseca

Professional Partner | Lisbon

André Pereira da Fonseca is a Professional Partner and has been at Abreu Advogados since 2008, working primarily in the areas of litigation and international arbitration.

He has particular intervention in cross-border disputes, representing clients in sectors such as construction, major projects, maritime law, transport, energy, venture capital and pharmaceutical law. His work is particularly focused in the Portuguese-speaking countries, namely in jurisdictions such as Portugal, Angola, Brazil, Mozambique, Cape Verde and East Timor.

In 2013 he completed a secondment as a Visiting Foreign Lawyer in the New York office of the firm Herbert Smith Freehills. He also completed secondments at Abreu Advogados’ partner offices in Angola (2011) and Mozambique (2012).

Additionally, he is also an Arbitrator. He is on the list of arbitrators for the Centre for Commercial Arbitration of the Portuguese Chamber of Commerce and Industry, as well as for the Portuguese Court of Arbitration for Sport, with over 20 nominations as arbitrator.

In addition to being a regular speaker at conferences and training sessions on international arbitration, he is also the author of several publications, including Co-Editor of the book ‘International Arbitration in Portugal’ (Kluwer), Co-Author of the book ‘Arbitration, Conciliation and Mediation Law of Mozambique Commented’ and Author of the chapter on arbitration in Maritime Law for the book ‘International Arbitration in the United States’ (Kluwer).

Future Leaders – Non-Partner, Arbitration, 2022

Experience

Representation of sixteen international financial institutions in six separate multi-party arbitration proceedings concerning a EUR 268 million private equity fund against its management company. The arbitrations concerned the impact of the sovereign debt crisis on the structure of the Fund, the alleged breach of contractual obligations and consequent claims for damages.

Representing a US company that owns an LNG terminal in an ICC arbitration governed by English law concerning an offshore natural gas supply contract in an African country.

Representing a shipping operator in an American Arbitration Association arbitration governed by New York law and concerning a contract for the transportation of coal on the Mississippi River. The case related to exceptionally low water levels on the river and raised the question of whether it was a case of "force majeure".

Advising a Mozambican mining company in a CACM (Mozambique) institutional arbitration against one of Southern Africa's largest construction companies. The dispute concerns the alleged breach of a contract for the loading of thermal coal, and a contract for the purpose of sealing a waste storage facility and potential environmental damage arising therefrom.

Representation of an international 5-star hotel chain in two arbitrations relating to the breach of two contracts for the construction and leasing of a luxury spa.

Representation of a leading Italian commercial company dedicated to infrastructure construction in an ICC arbitration against an African State. The arbitration was related to the violation of a "MoU" regarding the implementation of a surface transportation system in two residential areas of the capital.

Representing a Private Equity Fund in connection with a multi-million euro arbitration claim initiated against a target company and its shareholders for breach of a shareholders agreement.

Representing Angolan trading company against Angolan State-owned company in arbitration under UNCITRAL rules concerning an electricity supply contract.

Representing a Portuguese trading company against a contractor in an arbitration concerning the construction of a hydro-electric dam.

Representing the Republic of Angola in litigation against Portuguese parties concerning a case of alleged non-contractual liability related to the alleged unavailability of USD at Banco Nacional de Angola during the Angolan civil war period.

Representing a Portuguese trading company in an arbitration under the LCIA rules concerning a distribution agreement against a Cyprus based company.

Associations

Education

Faculdade de Direito da Universidade de Lisboa

Law degree (2004)

Faculdade de Direito da Universidade de Lisboa

Postgraduate studies in Labour Law (2006)

Queen Mary University of London

LL.M in International Dispute Resolution (2012)