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André Pereira da Fonseca is an Associated Partner and has been with Abreu Advogados since 2008 working primarily in the areas of litigation and international arbitration.
In particular, he has experience in cross border arbitrations and litigations representing Clients in sectors which include construction, major projects, maritime law, transportation, energy, private equity, and pharmaceuticals under various governing laws and rules (including New York, English, Angolan, Brazilian and Mozambican laws; ICC, ICDR-AAA and UNCITRAL Rules). He works primarily in the Portuguese-speaking world, specifically in jurisdictions such as Portugal, Angola, Brazil, Mozambique, Cape Verde and Timor-Leste
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 part of the list of Arbitrators of the Centre of Commercial Arbitration of the Portuguese Chamber of Commerce and Industry and of the Portuguese Arbitration Court for Sports.
He lectures at several Postgraduate Courses, including in Western Ontario University (Canada), Lisbon Autónoma University and Nova University of Lisbon School of Law in which he also coaches the Willem C. Vis Moot Court team.
Representing a North American company, owner of an “LNG” terminal in an ICC arbitration proceeding governed by English law relating to an off-shore natural gas supply contract in an African country.
Representing a group of international banking institutions financing the implementation of a natural gas project in Mozambique. Providing legal advice on the planning, drafting and review of all arbitration provisions of multiple agreements in connection with the project.
Representing a maritime transport operator in an American Arbitration Association arbitration dispute governed by New York Law regarding a coal transportation agreement on the Mississippi river. The case was related to the exceptionally low water levels of the river which raised the issue of being faced with a “force majeure” event.
Advising a Mozambican mining company on an institutional arbitration proceeding before CACM (Mozambique) against one of the largest construction companies in southern Africa. The dispute refers to an alleged breach of a thermal coal freight contract and a contract for the purposes of sealing one of the storage units for waste and potential environmental damages arising therefrom.
Representing sixteen international financial institutions in six separate and multi-part arbitration proceedings relating to a million Euro private equity fund against the corresponding management company. The arbitration proceedings refer to the impact of the sovereign debt crises in the Fund’s structure, the alleged default on financial obligations and ensuing claim for indemnity.
Representing a five-star international hotel chain in two arbitration proceedings regarding the breach of two construction and leasing agreements for a luxury Spa.
Representing a leading infrastructure construction company in the Italian market in an ICC arbitration against an African State. The arbitrations were related to the breach of an MoU regarding the implementation of a surface transportation system in two residential areas of the capital city.
Representing a Private Equity Fund in an arbitration totalling many millions of Euros filed by a target company against its shareholders due to breaches of the shareholders agreement.
Presiding over an arbitral tribunal in a dispute against a Portuguese premier league football and the Portuguese Football Federation regarding a request to annul a number of financial sanctions due to the reproachable actions of fans and breach of the stadium’s security procedures.
Presiding over an arbitral tribunal in a dispute between an athlete, the Portuguese Cycling Federation and the National Authority for Antidoping regarding the application fines on an athlete and suspension of participation in competitions due to the consumption of illicit substances.
University of Lisbon
Law degree from the University of Lisbon, Faculty of Law (2004)
University of Lisbon, Faculty of Law
Postgraduate studies in Labour Law from the University of Lisbon, Faculty of Law (2006).
Queen Mary University of London
L.M in International Dispute Resolution – Queen Mary University of London (cum laude) (2012).