Melanie Willems

Practices

Industries

Education and Clerkships

M.Sc., King's College London, 1993

LL.B., King's College London, 1989

Maîtrise, Law, Université de Paris-X, 1989

Admissions

England and Wales, 1992

Languages

French

Profile

Melanie Willems, head of international arbitration in the London office, focuses her practice on international arbitration and is experienced in all forms of alternative dispute resolution (expert determination, mediation, adjudication and so forth). She has extensive experience in ad hoc proceedings and the major international rules, such as ICC, LCIA, UNCITRAL, ICSID and standard form contract rules. She also represents clients in court in the UK, and sits as an arbitrator. Melanie is a ranked lawyer in the International Arbitration category: Commercial Arbitration practice area of Chambers UK 2019, Chambers & Partners. The guide says that Melanie Willems is "extremely bright and very passionate about her clients' needs" and “is particularly proficient in representing clients in the oil and gas sector in commercial and projects disputes.” Melanie is recognized in the 2019 UK edition of The Legal 500, Legalease, on their elite list of leading individuals in International Arbitration, and is reported as being “very experienced and capable.”

Melanie acts for clients in a wide range of industries, including engineering, energy, construction, rail, infrastructure/transport, hotels, retail, property development, banking and finance, technology and insurance. She has particular experience in contractual disputes arising from energy, major projects and engineering matters. She has advised clients on international projects in the Middle East, Asia, India and Africa in relation to foreign investments, power plants, renewable energy, desalination plants, petrochemical plants, oil rigs, pipelines, hotels, roads/highways, hospitals, transport and government projects.

Melanie is a prolific writer and speaker, and is frequently sought after to speak on topics related to international arbitration and various forms of dispute resolution in the UK and abroad.

Recognition

Legal 500 2018

Haynes and Boone CDG Improves Rankings in Legal 500 UK 2019

Haynes and Boone CDG was again recognized in the 2019 United Kingdom edition of The Legal 500, published by Legalease. The firm improved its rankings in Oil and Gas and Shipping and also was ranked among recommended law firms in International Arbitration.

Selected Client Representations

  • Represented a major Japanese contractor in an ICC arbitration arising out of the construction of a petrochemicals plant in Northern England. The case involved claims for the cost of additional works, delay claims (including prolongation) and disruption claims.
  • Successfully represented a large European contractor against a Kuwaiti government body in a Paris-based UNCITRAL arbitration concerning a project in Algiers. The work included defending challenges to arbitrators and an appeal to the International Court at The Hague.
  • Acting for an international hotel operator in ICC arbitration proceedings concerning a luxury hotel in Madagascar, as regards compliance with brand standards and health and safety requirements.
  • Advised a Japanese contractor in a multi-party mediation arising out of claims regarding a Saudi Arabian power project. The matter was successfully settled.
  • Advised on an issue of stress-cracking on the blades of a wind turbine in a wind farm in Portugal.
  • Advised on design and workmanship claims due to a damaged pipeline network, including an underwater section and associated cabling.
  • Advising an international hotel operator in a dispute concerning unlawful termination of a management agreement for a new-build hotel in Moscow serving an international airport in Moscow, subject to ICC arbitration.
  • Conducted a large scale mediation in connection with liability for faults in a new design single point mooring buoy.
  • Advised the world's largest rail manufacturer in connection with a long-term contract for upgrade and improvement works on rail infrastructure and facilities in a major European capital. Interim claims were valued at £40 million.
  • Conducted an expert determination, concerning rights to hydrocarbons, on the consideration adjustment necessary in a purchase of North Sea interests.
  • Acted for an English/Lebanese joint venture on an ICC arbitration relating to the construction of an Egyptian “new town.”
  • Acting in an ICC arbitration concerning the termination of a luxury resort hotel subject to a long-term management agreement, for one of the largest international hotel operators.
  • Advised client on contentious issues in PFI contracts, in connection with the mechanism for measuring performance and the impact of remuneration due to the contractor.
  • Acted on several large scale adjudications in connection with disputes in relation to the construction of the M6 motorway.
  • Represented an international hotel chain in an ICC arbitration concerning health and safety issues and the duties of the property owner under the hotel management agreement in connection with a substantial African hotel.

Chambers

Chambers UK 2019

Haynes and Boone CDG Featured in Chambers UK Guide 2019

Haynes and Boone CDG has again been ranked in the Chambers UK legal directory, published by Chambers and Partners. The 2019 guide ranked the firm highly in the Shipping, UK-wide category for its skills in the shipbuilding and offshore energy sectors.

Professional Recognition

  • Profiled as one of the leading Dispute Resolution: International Arbitration lawyers in London, The Legal 500 UK, Legalease, 2015-2019
  • Recognized in Best Lawyers United Kingdom, Woodward/White, Inc., International Arbitration, 2015-2018
  • Recognized in London Super Lawyers, Thomson Reuters, 2013-2015; Top 50 Women London Lawyers, 2013-2015; Top 100 London Lawyers, 2013-2015
  • Profiled as one of the leading International Arbitration lawyers in London, Chambers UK, Chambers and Partners, 2009-2019
  • Profiled as one of the leading solicitors in the UK, The Legal 500, Legalease, 2010, 2012- 2014
  • Profiled as leading practitioner, Global Arbitration Review, Law Business Research, 2009

Professional and Community Activities

  • Fellow, Chartered Institute of Arbitrators and Committee Member of the London Branch, 2007-Present
  • Committee/Arbitrator Member, Society of Construction Arbitrators, President of the Society, 2016-2017
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • International Bar Association (IBA)
  • Panel Member (Arbitrator and Mediator), Sports Dispute Resolution Board (to 2015)

Selected Publications and Speeches

  • “How to Manage Your International Arbitration Counsel,” presenter, Beijing Arbitration Commission, April 20, 2016.
  • "I Agreed To What? The Perils of Standard Arbitration and Indemnity Clauses," presenter, Executive Women’s Retreat, October 2015.
  • “The Special Relationship: Why English Law is Still One of Your Best Friends in International Disputes,” presenter, Houston, January 27, 2015.
  • “Third Party Funding – Pitfalls and Caveats,” presenter, Queen Mary University, London, 2014.
  • “Third Parties in International Arbitration,” presenter, IBA Annual Conference, Boston, 2013.
  • “Future Challenges,” presenter, IBA International Women’s Day Conference, 2013.
  • "Contractual Interpretation—Plus ça Change," presenter, Chartered Institute of Arbitrators, 2010.
  • "Third Party Funding—The Hand that Giveth Also Taketh Away," presenter, Society of Construction Arbitrators, 2009.
  • "Possible Consequences of Failing to Mediate," presenter, client seminar, 2008.
  • "Arbitrating Competition Law Issues," presenter, client seminar, 2008.

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