Fahad A.Habib

Partner

San Francisco + 1.415.875.5761

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For nearly two decades, Fahad Habib has assisted global clients in international arbitration proceedings, U.S. litigation, and international trade and anticorruption investigations and counseling.

Fahad's arbitration practice includes both investor-State and international commercial arbitration. He has arbitrated disputes under the International Chamber of Commerce (ICC), International Centre for Settlement of Investment Disputes (ICSID), United Nations Commission on International Trade Law (UNCITRAL), and the Dubai International Arbitration Centre (DIAC) rules and has also served as an arbitrator. He also has significant experience in the global enforcement of arbitral awards. Fahad has litigated claims in U.S. courts under the Anti-Terrorism Act, the Alien Tort Statute, and the Torture Victim Protection Act, as well as advised on numerous cross-border litigation issues.

Fahad advises clients on compliance with the Foreign Corrupt Practices Act (FCPA) and other anticorruption laws. Most recently, he has conducted internal investigations across the Middle East and South Asia and has advised on cross-border transactions for clients based in the Middle East, Europe, and Asia. In addition, Fahad counsels clients regarding economic sanctions regulations administered by the United States Treasury Department's Office of Foreign Assets Control (OFAC), export control laws, and other related statutes.

Fahad was previously based in the Firm's offices in Washington, D.C. (until 2011) and the Middle East (from 2011 until 2014).

Experience

  • Canadian mining company initiates UNCITRAL arbitration against KazakhstanJones Day represents a Canadian mining company in an UNCITRAL arbitration against the Republic of Kazakhstan.
  • Onyx prevails in ICC arbitrations claiming breach of representations and warranties for waste facility purchased in MexicoJones Day represented Onyx S.A., a French subsidiary of Veolia Environnement involved in international waste management, with regard to a dispute that arose after it acquired a hazardous waste landfill in Mexico in 2000.
  • Methanex challenges MTBE ban under NAFTAJones Day represented a Canadian methanol producer, Methanex Corporation, in challenging a California ban on the use or sale in California of the gasoline additive methyl tertiary butyl ether ("MTBE").
  • Dubai International Arbitration Centre arbitrates real estate disputeActing as the sole arbitrator in a Dubai International Arbitration Centre (DIAC) arbitration in a construction/property dispute between a private investor (claimant) and real estate development and leasing company (respondent).
  • Saudi corporations and individuals prevail in Second Circuit in multi-district tort litigation relating to September 11, 2001 attacksJones Day successfully represented eight Saudi corporations and individuals in multi-district litigation relating to the September 11, 2001 attacks in the United States.
  • National retailer defends allegations of corruption in Latin America and AsiaJones Day is representing a national retailer in an internal investigation into allegations of corruption in multiple countries in Latin America and Asia and related DOJ and SEC investigations.
  • European oil company represented in FCPA investigationJones Day is representing a major European oil company in DOJ and SEC investigations of alleged violations of the Foreign Corrupt Practices Act.
  • Saudi Arabia industrial company obtains assistance with anticorruption complianceJones Day advised a Saudi Arabian industrial company on negotiations with its U.S. joint venture partner regarding anticorruption compliance.
  • Wabtec acquires Faiveley Transport for $1.8 billionJones Day advised Wabtec Corporation in the acquisition of Faiveley Transport S.A., a global supplier of high added value integrated systems for the railway industry, for a total of $1.8 billion in cash and stock, including assumed debt.
  • Weir Group acquires Trio Engineered Products for $237.5 millionJones Day advised The Weir Group PLC, a leading engineering business, in its acquisition of Trio Engineered Products, a Chinese-American manufacturer of crushing and separation equipment for the mining and aggregates markets, for $237.5 million.
  • French company seeks anticorruption due diligence advice regarding pharmaceutical transactionJones Day advised a French acquiror regarding anticorruption due diligence related to pharmaceutical industry.
  • J.P. Morgan India, CLSA India, Axis Capital, Edelweiss, and Macquarie Capital complete US$800 million qualified institutions placement and Regulation S for Reliance CommunicationsJones Day advised J.P. Morgan India, CLSA India, Axis Capital, Edelweiss Financial Services, and Macquarie Capital (India), as placement agents, in connection with the US$800 million of Equity Shares in a qualified institutions placement under Section 4(a)(2) and Regulation S of the United States Securities Act of 1933, as amended for Reliance Communications Limited, an Indian telecommunications company.
  • DSP Merrill Lynch and several other placement agents complete INR 30.0 billion qualified institutions placement by Idea Cellular LimitedJones Day represented DSP Merrill Lynch Limited, Citigroup Global Markets India Private Limited, Morgan Stanley India Company Private Limited, Standard Chartered Securities (India) Limited, and Axis Capital Limited in connection with the INR 30.0 billion (US$515 million) of Equity Shares in a qualified institutions placement by Idea Cellular Limited, the third largest mobile telecommunications operator in India.
  • Chart Industries acquires manufacturer of oxygen generation systems AirSep for $180 millionJones Day advised Chart Industries, Inc., a leading independent global manufacturer of highly engineered equipment used in the production, storage and end-use of hydrocarbon and industrial gases, in its acquisition of AirSep Corporation for $170 million and up to $10 million in assumed debt.
  • Middle Eastern media conglomerate seeks advice on OFAC issues across the MENA RegionJones Day provided advice regarding the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) regulations to a major Middle Eastern media conglomerate with respect to the dissemination of information into several MENA countries, and also provided OFAC, FCPA, UKBA, anti-money laundering and anti-boycott regulatory compliance training to the company's in-house legal team.
  • Saudi Arabian petroleum company implements anticorruption compliance programJones Day assisted a Saudi Arabian petroleum company with establishment of compliance program and policies under the Foreign Corrupt Practices Act ("FCPA"), and its response to an audit by a prime contractor.
  • French company obtains anticorruption due diligence advice regarding transactionJones Day advised the French seller regarding the anticorruption representations and warranties and due diligence related to a transaction.
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    March 2024 Commentary

    New Global Enforcement Regime: UK Signs Up to 2019 Hague Convention

    September 2023 Commentary

    Key Considerations for Internal Investigations in India Following Recent Regulatory Circular to Indian Auditors

    AUGUST 2023 Commentary

    Recent Decisions in the Ninth Circuit Highlight U.S. Litigation Risk in Relation to Alleged Human Rights Violations Abroad

    June 2023 Alert

    Supreme Court Makes Civil RICO Available Against Fraudulent Domestic Efforts to Avoid International Arbitration Award Enforcement

    June 2023 Commentary

    Cryptocurrencies and Risk Under the Antiterrorism Act

    May 2023 Alert

    U.S. Supreme Court Narrows Scope of Liability Under Anti-Terrorism Act

    May 2023 White Paper

    2022 Anti-Money Laundering and Sanctions Year in Review

    January 2023 Commentary

    DOJ Criminal Division Announces Revisions to its Corporate Enforcement Policy

    December 2022 Alert

    EU Proposes Corporate Criminal Penalties for Sanctions Breaches

    November 2022 White Paper

    Conducting an Effective Internal Investigation: An Overview
    View All

    Speaking Engagements

    • April 23, 2020
      Center for Professional Education, International Operations Accounting Virtual Conference 2020: Ethics, FCPA, Fraud & Disclosure Process in an International Environment
    • January 23, 2020
      Ethical Considerations in Internal Investigations, Jones Day University
    • October 11, 2017
      What to Do When . . . Your Company Confronts Anti-Corruption Issues in China or India: The Increasing Coordination of U.S. and International Law Enforcement
    • April 6, 2016
      New Opportunities and Challenges in India: Key Regulatory and Compliance Developments -- Co-Hosted by Jones Day, PwC, and the U.S.-India Business Council
    • April 4, 2016
      Roundtable Discussion: The Rule of Non Law, Hosted by Stanford Law School's Center on Democracy, Development and the Rule of Law (CDDRL) and the Bingham Centre for the Rule of Law (London)
    • May 18, 2015
      Anticorruption Compliance at Model Agreements & Guidelines International (MAGI) Clinical Research Conference
    • November 9, 2014
      Anticorruption and International Trade Compliance at Model Agreements & Guidelines International (MAGI) Clinical Research Conference
    • January 23, 2007
      Emerging Issues in International Trade and International Law and Litigation, speech to officials of the Chinese Ministry of Commerce

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