Spanish Arbitrator & Lawyer
Alberto Echarri, Spanish Arbitrator & Lawyer
Partner, Echarri & Brindle Abogados, Madrid, Spain
Mr. Echarri is highly experienced as a professional Spanish arbitrator, counsel and co-counsel in commercial, civil and investment treaty arbitration, including domestic and international, institutional and ad hoc arbitration (ICC, AAA, ASA, LCIA, CIMA, Corte de Arbitraje de Madrid, Spanish National Bar Arbitration, Corte Española de Arbitraje, ICSID, UNCITRAL). He is fluent in Spanish, French and English and was nominated in Who’s Who Legal in Arbitration for 2015.
A partner at the law firm Echarri & Brindle, Abogados, based in Madrid, Spain, Mr. Echarri is a former equity partner of Ernst & Young LLP and was previously a partner at the firms Bufete Bertran i Musitu (renamed Bufete Mullerat) in Madrid. He was born in Montreal and admitted to practice in 1983. For three decades, Mr. Echarri combined M&A and corporate and commercial law advice and arbitration services to medium-sized and large Spanish and foreign multinational companies. He currently focuses on his work as a Spanish arbitrator and lawyer.
Mr. Echarri is a highly-accomplished negotiator and has held a number of leadership positions at institutions such as the Investment and Multinational Enterprises Committee of the Business and Industrial Advisory Committee (BIAC) of the OECD, where he served as Vice-President, and the Canada-Spain Chamber of Commerce in Madrid, which he co-Founded and where he served as its President. He is also an active member of a number of arbitration-related organizations and arbitration panels, including ICC Spain, the London Court of International Arbitration, Association Suisse d’Arbitrage, Association Française d’Arbitrage, TAS-CAS, International Council for Commercial Arbitration, Club Español del Arbitraje, Corte Internacional de Mediación y Arbitraje, Corte Española de Arbitraje, ICC Canada and others. Mr. Echarri is also active at the ICC in the Vis Pre-Moot and Vis Moot to help train the next generation of young arbitration practitioners.
Please do not hesitate to contact Mr. Echarri directly below.
Echarri & Brindle, Abogados, Partner
Since July 2014, Mr. Echarri has been a partner with Echarri & Brindle, a law firm highly specialized in: (1) Arbitration and Mediation, (2) Membership in Boards of Directors and Strategic Advice and (3) Private Clients in family law and estate-related matters.
Ernst & Young LLP, International Equity-Partner
Mr. Echarri joined Ernst & Young LLP as an international equity-partner (2011) to lead the expansion of Law in Spain and worldwide, as Law leader for Spain and MED/Europe, member of the Tax and Law EMEIA Advisory Board and member of the Enlarged Executive Committee of EY Spain.
Bufete Bertran i Musitu (renamed Bufete Mullerat)
Mr. Echarri joined Bufete Bertran i Musitu (renamed Bufete Mullerat) in Madrid (1985) (third largest Spanish firm in 1985) and was promoted to junior partner in 1989. He co-founded Echarri & Brindle Abogados (1990), which merged with Bufete Mullerat to form Mullerat, Echarri & Brindle (2001). Mullerat, Echarri & Brindle (2001) then merged with Gómez-Acebo & Pombo (2006) and Mr. Echarri joined as senior equity partner.
EXPERIENCE AS SPANISH ARBITRATOR AND LAWYER
The disputes where Mr. Echarri has served as a Spanish arbitrator or lawyer include commercial, civil and investment treaty arbitration, including both domestic and international, as well as institutional and ad hoc. The disputes have been in very diverse sectors including:
- Oil & gas
- Paper and cardboard
- Chemical and pharmaceutical
- Financial services
- Leisure and travel
- Textile and decoration
- Duty free concessions
- International trade
- Car rental services
- Food and beverage
- Restaurant industry
- Engineering and construction services
- Distribution and franchising
- Commercial, residential and industrial real estate
- Civil construction
- Hotel industry
- Retail and shopping malls
The disputes have also concerned a wide variety of agreements, including:
- Technology and “know-how” licenses and transfers
- Construction agreements
- BOTs, turnkey industrial plant agreements
- Corporate real estate acquisitions, shopping centers, office buildings and retail real estate
- Real estate management agreements and hotel management agreements
- Joint venture agreements and shareholders’ agreements
- Corporate shareholder disputes
- Controversies between PPP consortia members
- Advice prior to and during ICSID arbitration to oil company
- Advice on investment agreements disputes
- International master, regional and single unit franchising agreements
- Agency and distribution agreements
- International sales of goods and supply agreements
- Lease and sale and lease back agreements
- Financial agreements
- Financial leasing and swap related issues and agreements
- Renewable energy operation agreements and investments
- Contractual non-compete clauses
- Share and asset purchase agreements
- Post M&A and MBO disputes including price review, breach of representations and warranties, liabilities, indemnities and escrow accounts, non-compete clauses, penalty clauses, misrepresentations, termination and damages
Mr. Echarri also has considerable experience serving as counsel on other corporate matters, which provide him with expertise and specialized and thorough knowledge in relation to disputes arising from them:
- Counsel in the negotiation, closing and implementation of transnational acquisitions and large investment projects, and corporate and commercial matters
- Mergers and acquisitions, venture capital and private equity, public bids for the purchase of shares
- Syndicated loans, project finance, corporate finance and aircraft finance
- Restructuring, spin-offs and carve-outs
- Construction agreements, real estate acquisitions, PPP, concession agreements, renewable energies projects
- Design and set up of special purpose vehicles (SPVs) for the purchase of shares and assets. The value of the transactions range from the amount of the assumed debt to Euro seven billion.
- Licensing, agency and distribution; collaboration agreements, joint ventures, shareholders’ agreements, temporary consortia (UTEs) and EIGs in air transport, automotive, financial services, chemical, oil & gas, environmental, pharmaceutical, R+D+i, renewable energies, commercial and industrial real estate, services and hospitality
- Construction and turnkey agreements
- International sales of goods
- National and international franchising and distribution, including strategic and legal advice, transactional work and coordination of multi-unit projects for national and international franchising corporations and manufacturers
- Court-appointed receivership administrator in more than twenty major bankruptcies
- Co-counsel in white-collar crime proceedings related to the above matters in ordinary courts and the “Audiencia Nacional” (High National Criminal Court)
With many years of experience as director, managing director, secretary and legal advisor to the board of private and listed domestic and international corporations, Mr. Echarri has also acted as an independent director, and he contributes on matters that pertain to the business of the company with his business experience and his professional expertise on strategic acquisitions, competition matters, issues concerning CNMV (Stock Exchange Regulatory Agency), CSR, corporate governance, shareholder relationships. He has provided executive action and advice on strategic M&A planning, negotiation and legal support and coordination throughout the acquisition process to the board, in-house counsel and outside counsel.
Mr. Echarri has held leadership positions at a variety of institutions:
- Vice-Chair of the Investment and Multinational Enterprises Committee of the Business and Industrial Advisory Committee (BIAC) of the OECD (2010-)
- Member of the task force for the update and drafting of the “2011 OECD Guidelines for Multinational Enterprises”
- Representative of BIAC in bilateral meetings with the US State Department and in the Ministerial Meeting of the OECD (2011)
- Member of the Spanish inter-ministerial commission for OECD compliance program review (2013)
- President and co-founder of the Canada-Spain Chamber of Commerce in Madrid
- Secretary General of the Canada Foundation (Government of Canada and Fundación La Caixa)
ACADEMIC EXPERIENCE, PUBLICATIONS AND CONFERENCES
Mr. Echarri has authored and co-authored ten books, various chapters in collective publications, and numerous articles on international contracts, mergers and acquisitions, franchising, CSR and arbitration. He has also participated as a speaker in over three hundred national and international business and professional fora, conferences and seminars. He recently contributed the chapter on Spain in the Arbitration book published by Getting the Deal Through.
Examples of Mr. Echarri’s recent academic experience include:
- Currently, collaborating lecturer with ISDE and St John’s University (New York) program and member of the advisory board of ISDE. He collaborates with the Instituto de Empresa and Universidad Europea de Madrid.
- Lecturer at Instituto de Empresa, (1993-1997, Commercial Law).
- Lecturer on International Contracts in the MSc program on Corporate Law at the Universidad Castilla-La Mancha (2001-2006).
ARBITRATION PANELS AND PROFESSIONAL ASSOCIATIONS
Mr. Echarri is an active member of various arbitration panels and professional associations, including:
- International Bar Association (Arbitration and Mediation Committees)
- ICC Spain
- London Court of International Arbitration
- Association Suisse d’Arbitrage
- Association Française d’Arbitrage
- International Council for Commercial Arbitration
- Club Español del Arbitraje
- Corte Internacional de Mediación y Arbitraje
- Corte Española de Arbitraje
- The Law Society (International Division)
- ICC Canada and British Columbia International Council Arbitration Center
- Stockholm Chamber of Commerce
- Chinese Association Taipei
- Hong Kong International Arbitration Center
- Associate member of the American Bar Association, International Section
- Member of the “Asociación Española de Directivos”
- Active at ICC in Vis Pre-Moot and Vis Moot
- Admitted to practice in Spain (since 1983)
- Spanish (fluent)
- French (fluent)
- English (fluent)