Marcus SalvatoQuintanilla

Partner

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In his 15-year focus on international commercial arbitration, Marcus Quintanilla has adapted the high standards of U.S. trial advocacy to a wide range of international arbitral fora. These include proceedings under the rules of the ICC, LCIA, SCC, and other institutions in leading arbitral seats including London, Paris, Zurich, Stockholm, and New York. Directing his practice from San Francisco and Mexico City — where the economies of the Pacific Rim, the United States, and Mexico converge — Marcus brings a results driven approach to disputes that arise out of technology deals, energy and commodities transactions, joint ventures, and construction projects that increasingly link Japan, China, Korea, the United States, and Latin America.

Marcus counts among his clients U.S. energy majors, leading integrated circuit developers and electronics manufacturers in the United States and Japan, as well as global leaders in mining, infrastructure, and consumer brands. His representative arbitrations include disputes over long-term nuclear fuel supply contracts, intellectual property licenses, joint ventures and distributorship arrangements, supply chain agreements, and alleged failures of complex industrial facilities and equipment, from power generation plants to copper mines.

Marcus is a former member of the Executive Committee of the International Law Section of the State Bar of California and is actively involved in the Northern California International Arbitration Club, the Silicon Valley Arbitration and Mediation Center, and the St. Thomas More Society of San Francisco. He has lectured on international arbitration at Berkeley Law School, the University of California, Irvine, and the Universidad Nacional Autónoma de Mexico.

Experience

  • International EPC contractor asserts payment claims and defends counterclaims based on alleged defective workJones Day represents a leading EPC contractor in ICC proceedings to collect unpaid sums on a $250-million contract for the construction of ore-processing facilities in one of South America’s largest mines and to defend against counterclaims alleging failure to achieve performance guarantees.
  • International wind-farm developer defeats take-over attempt by prime contractorJones Day successfully defended one of the world's largest developers of wind-farm projects against a potentially dispositive application for interim measures under the ICC’s Emergency Arbitrator Rules.
  • Japanese multinational electronics manufacturer defeats royalty claims by former licensor of antenna-array technologyJones Day successfully defended a Japanese multinational electronics manufacturer against royalty claims by its former licensor of antenna-array technology.
  • Wine and spirits company enforces audit rights and obtains damages on fraud claims against Mexican tequila producerJones Day was lead counsel for a major wine and spirits company in a successful ICC arbitration against a leading Mexican tequila producer for fraud in its performance of the parties' cost-plus tequila supply agreement.
  • Global engineering, procurement, and construction company successfully resolves claimsJones Day defended a global engineering, procurement, and construction company and certain of its affiliates (the "EPC Contractor") in ICC arbitration proceedings arising from the failure of 469 MW combined-cycle power-generation facility in Paraná, Brazil.
  • The following represents experience prior to joining Jones Day.

    Arbitration
    Provided strategic counseling in successful BIT arbitration by Spanish infrastructure conglomerate arising out of Mexico’s de facto expropriation of the company’s hazardous waste disposal facility in Zimapán, Hidalgo.

    Defended infrastructure engineering company against claims stemming from an allegedly catastrophic systems failure in a power generation plant constructed in Araucária, Brazil. Led team in development and presentation of technical evidence.

    Provided strategic counseling to a U.S. investor on a treaty dispute arising out of violations of international law protections of its investment in a Honduran electric power utility.

    Defeated claimants' demand under Swedish law for price renegotiation on long-term nuclear fuels contract. Led team in presentation of expert testimony and expert cross-examination on issues related to nuclear fuels industry and Swedish law.

    Enforced commodities trader's option rights valued at $1 billion under supply contract for enriched uranium. Led drafting of written submissions and team in presentation of fact and legal experts in London and Stockholm.

    FCPA Investigations
    Led the internal investigation for an international consumer goods company related to allegations that a local agent had bribed officials of the Philippine Bureau of Internal Revenue.

    Conducted internal investigation into alleged corruption by local representatives of an international development bank in connection with reconstruction efforts in Haiti following the devastating earthquake of January 2010.

    Led anticorruption due diligence efforts on behalf of an oil field supply firm regarding the operations of potential corporate acquisitions in Mexico, Colombia, Ecuador, and Peru.

    Conducted investigation on behalf of a potential U.S. investor to determine that target lottery company's successes in major litigation were obtained without undue influence or corrupt practices.

    Led multinational energy company's investigation into allegations that its local agents in Mexico bribed government officials to expropriate land planned for development as a competing liquefied natural gas terminal.

    Litigation
    Defended international electronics company against claims of patent infringement involving LCD display technology. Led litigation team on international supply chain and damages-related issues.

    Speaking Engagements

    • October 26, 2016
      Pathways to Private International Law Careers, Berkeley Law School
    • May 9, 2014
      Strategies and considerations in the appointment of international arbitrators, panelist, Third Annual Joint Los Angeles County Bar Association (LACBA), International Centre for Dispute Resolution (ICDR) International Arbitration Conference
    • July 2013
      Estipulaçoes para a resolução de disputas nos contratos internacionais: Estratégias na redação, Presentation to Visiting Scholars of Fundacao Gertulio Vargas, University of California, Irvine.
    • January 2013
      Avoiding Corruption Abroad and Prosecution at Home: What Every Business Lawyer Should Know about the Foreign Corrupt Practices Act, Presentation to the Orange County Bar Association, Business and Corporate Law Section
    • November 2012
      The Life of a Start-Up: From Initial Financing to IPO/Exit -- Legal and Regulatory Strategies (Moderator), IBA Conference
    • September 2010
      Ley Contra Prácticas de Corrupción en el Extranjero ("FCPA") y Legislación Relativa, Presentation to Mexico's Comisión Federal de Electricidad
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