Paul E. Mason

Consultant

Concentrates his practice on transactional matters, high value commercial arbitration and mediation, government relations, and employee compliance training for Diaz Reus' international clients.  Geographic focus: Latin America ( Brazil subspecialty), Europe, Russia, Canada.

Languages:  English, Portuguese, Spanish, French, Russian.

Transactional work includes:

• negotiating, preparing, reviewing international contracts for product sales & service, marketing, distribution, leasing, etc.,
• large projects in areas such as biofuels,
• new business development (mergers and acquisitions, strategic alliances, joint ventures),
• intellectual property (licensing, information technology & communications).

Resolves international commercial disputes via arbitration and mediation - as party counsel, arbitrator and/or mediator.    Represented Latin American parties in arbitrations before the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR) and London Court of International Arbitration (LCIA) in energy-related cases (offshore oil exploration, electrical energy project finance).

Arbitrated and mediated a variety of Latin American and other high value complex commercial cases for the International Chamber of Commerce (ICC/Paris), American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), and World Intellectual Property Organization (WIPO/Geneva).  Member of Brazilian Arbitration Chambers in Belo Horizonte (CAMARB) and Curitiba (ARBITAC).  

Arbitrations and mediations of disputes involving energy (oil & gas, electrical, mining), financial markets, insurance and reinsurance, aerospace, telecommunications, IT/outsourcing, intellectual property, medical, steel, and sophisticated wood products.

Helps clients formulate and carry out government relations strategies with Latin American, Caribbean governments, and multi-lateral financial institutions.

Designs and delivers employee compliance training in English and Spanish on areas such as the U.S. Foreign Corrupt Practices Act (FCPA) for large multinationals’ Latin American subsidiaries.

Fifteen years experience as international legal counsel covering wide range of business and legal matters in Latin America/Caribbean, Canada, France, U.K., Spain, Russia for 3Com/Palm (handheld and network products & services), Módulo (Brazilian IT security firm), Oracle (enterprise software), Digital Equipment Corporation (minicomputer products & services), and Bank of Boston (financial services).
In charge of legal aspects for all international contracts, employee relations & training, dispute resolution strategy and management (negotiation, mediation, arbitration, litigation).

Publications:

      1.   International Commercial Arbitration Practice in the 21^st Century (Co-Editor with Horacio Grigera-Naón), Lexis-Nexis book expected early in 2010.

      2.  “Multidimensional Mediation”, in the CPR journal “Alternatives to the High Cost of Litigation”, expected in February 2010.  Abbreviated version focusing on international mediation issues is currently available on the CPR International Practice website at: http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/547/Default.aspx

3.  Expert Commentator on International Arbitration for Lexis-Nexis Legal Publishers:

A.    "Hall Street Associates v. Mattel" (on the U.S. Supreme Court's last word to decide whether contractual arbitration clauses or agreements calling for expanded judicial review of arbitration awards are enforceable or not - November 2007);

B.    "Premium Nafta Products Limited" (on the decision by the United Kingdom’s highest court, the House of Lords, to widen the straits that had narrowed the role of arbitrators and independence of arbitration clauses - November 2007);

C.    “Société SNF SAS v. Chambre de Commerce International" (French court decision on the question of which set of rules of the arbitral institution are applicable when the arbitration clause is silent on the matter - November 2007);

D.    "The Pitfalls and Perils of Mixing: Whether Arbitration Rules Should be Applied Without Administration by the Issuing Arbitral Institution" (February 2008);

E.    "The Use of Reasoned Awards in International Arbitration" (December 2007);

F.      "Problems Arising from a Dual System Arbitration Clause: Americatel El Salvador v. Cia. de Telecommunicaciones de El Salvador" (February 2008);

G.    "Arbitration in International Tax Treaties" (co-author - February 2008);

H.    Overview of Key Brazilian Arbitration Law Developments in 2007-2008 (co-author - March 2008).

4.  Co-author, “New Keys to Arbitration in Latin America”, Journal of International Arbitration ( The Hague), February 2008 issue. 

5.  Author, “Videoconferencing for International Disputes”, Revista Brasileira de Arbitragem (The Brazilian Journal of Arbitration, published by the Brazilian Arbitration Committee/IOB Thomson), No. 11, July – September 2006 issue.

6.  Author, “Drafting Arbitration Clauses:  How to Avoid Pitfalls and Mistakes”, Swiss-Italian Chamber of Commerce International Arbitration Seminar, Coral Gables, FL, October 2005.

7.  Co-author, “Telecommunications Arbitration in Latin America”, Latin Lawyer  ( London), April 2005.

Lectures & Speaking Engagements

• Seminar speaker and author of numerous publications and presentations in English, Portuguese, and Spanish on international commercial arbitration in Latin America such as  “Considerações na Escolha do Árbitro na Arbitragem Internacional” (in Portuguese)  – “Considerations in the Choice of an International Arbitrator”, International Arbitration Conference Commemorating the 10th Anniversary of the Brazilian Arbitration Law, ARBITAC/AC (Commercial Association – Paraná), Curitiba, Brazil, June 2006. 

• Speaker, “The Latest Legal Developments Related to Arbitration in Brazil”, 6th Annual ICDR Arbitration Conference, Miami, April 2008.