Jacob C. Jorgensen

Jacob C. Jorgensen

Jacob C. Jorgensen

International arbitration and construction lawyer with more than 10 years’ PQE from Swiss, UK and Scandinavian law firms.

In 2015, I joined the legal department of the Danish EPC power plant company, BWSC A/S, where I work as a senior corporate counsel. My work is focused on contentious and non-contentious matters related to the financing, construction and operation of biomass and diesel-fuelled power plants worldwide.

During the 2nd quarter of 2018, I served as a High Court Judge (pro tem) in the 7th Chamber of the Eastern Division of the Danish High Court (Østre Landsret).

I dedicate a considerable amount of my free time to speaking at conferences and on publication projects as well as pro bono work.

Professional Experience:

2018 Burmeister & Wain Scandinavian Contractor A/S (www.bwsc.dk)
Corporate Counsel

2018 Danish High Court (Eastern Division)
(2nd quarter)

In the second quarter of 2018, I took leave of absence from my job at BWSC A/S to serve as a High Court Judge (pro tem) in the 7th Chamber of the Eastern Division of the Danish High Court (Østre Landsret).

2015-18 Burmeister & Wain Scandinavian Contractor A/S (www.bwsc.dk)

A Danish EPC power plant company with operations in countries throughout the Middle East, Africa, South America, Europe and Asia. I work as a senior corporate counsel and give advice on contentious and non-contentious matters related to all aspects of the financing, construction and operation of major biomass and diesel-fuelled power plants.

2006-13 Sand & Partners – Philip Law Firm – Bech-Bruun – TE Hays & Co

In 2006, I joined the boutique law firm, Sand & Partners, as a senior associate. Sand & Partners merged on 1 January 2010 with Philip Law Firm, which merged with the law firm Bech-Bruun on 1 January 2012. From 2009-2013, I was also associated with the Cambridge-based law firm, TE Hays & Co, as of counsel, registered with the Solicitors Regulation Authority as a foreign practitioner. My main areas of practice included: Construction law, commercial litigation & arbitration and general corporate & commercial law.

2004-06 Lalive (www.lalive.ch)

Swiss law firm highly specialised in international arbitration. I worked as an associate. My main areas of practice included: International arbitration and construction law. I participated in a number of high profile international arbitration cases involving both state parties and major international companies during my time with Lalive.

2003-04 The Swiss Institute of Comparative Law (www.isdc.ch)

Swiss federal institute under the Department of Justice providing a broad range of legal services to the public sector, international organisations, Swiss law firms and companies. I worked as a legal counsel with the Scandinavian legal systems as my main field of responsibility.

2001-03 Plesner (www.plesner.com)

One of Denmark’s largest, full-service law firms. I worked as a junior associate in the firm’s arbitration/litigation group. I mainly worked on the Copenhagen Metro arbitration case – a multi billion DKK case in which the firm represented the EPC contractor against the employer.

2000-01 The Claims Resolution Tribunal for Dormant Accounts in Switzerland (www.crt-ii.org)

Arbitral tribunal, adjudicating cases concerning so-called dormant accounts in Swiss banks. I worked as an assistant attorney under an 18-month employment contract. My responsibilities included: Drafting procedural orders, awards and file notes; conducting legal and historical researches; and translating documents from Swedish, Danish, French and German into English.

Publications:

  • “Entreprenørens krav på ’uabsorberede’ kapacitetsomkostninger”, (author), (to be published in T:BB in the autumn of 2018)
  • “International Construction Contract Law”, 2nd ed., 2018, (co-author), (published by Wiley Blackwell)
  • “Doing Business” 2017, 2018, 2019, (contributing author), World Bank Group,
  • ”Mitigating the Risk of Delays in Power Plant Projects”, 2017, (author), Yearbook on International Arbitration, NWV, Vienna, Roth/Geistlinger (eds.)
  • “Anfægtelse af ‘Sham’ Trusts”, (author), Erhvervsjuridisk Tidsskrift, May 2016, Vol. 2
  • “Study on the Application of the Cross-Border Mergers Directive”, (project director), European Union, 2016, ISBN-978-92-79-29930-8
  • “Sham Trusts”, (author), SSRN: http://ssrn.com/abstract=2758245, April 2016
  • “Finding, Freezing & Attaching Assets – a Multi-Jurisdictional Handbook” (co-author and editor), Kluwer Law International, 2016, ISBN-9789041167415
  • “International Construction Contract Law by Dr. Lukas Klee, 2015, published by Wiley Blackwell”, (book review). ASA Bulletin, Vol. 3/2015
  • “Fehmarn Belt – an understanding of Danish Construction Law”, (author), IBA Construction Law International, Vol. 8, Issue 3, 2013
  • “Who owns the Float? – a Scandinavian Perspective”, (co-author), International Construction Law Review, 2013, p. 379 ff.
  • “Delay Clauses in International Construction Contracts”, (co-author and editor), Kluwer Law International, 2010, ISBN-10: 9041126724
  • “The Taxation of Trusts, Trustees, Protectors and Underlying Companies Under Swiss Law”, (author), SSRN http://ssrn.com/abstract=2758196, May 2009
  • “Class Actions in Denmark”, (co-author) Global Competition Litigation Review, Issue 2., 2008
  • “Expert Witnesses in Danish Arbitration”, (author), 26 ASA Bulletin, Issue 3
  • “International Construction Project Joint Ventures under Swiss Law”, (author), International Construction Law Review, 2006, p. 394 ff.
  • “Swiss Assets and Estate Planning”, (author), ABA Journal Probate & Property, 2006 Vol. 20, No. 2
  • “The New Danish Arbitration Act”, (co-author), International Arbitration Law Review, 2005, p. 203ff.
  • “Mere om afkast af deponerede huslejebeløb”, (author), Ugeskrift for Retsvæsen 2004B.422
  • “Retten til renter af deponerede beløb”, (author), Ugeskrift for Retsvæsen 2004B.121
  • “Betryggende sikkerhedsstillelse efter AB92 § 6”, (author), Juristen, 1999/9

Conference Presentations:

  • 6th Contract Risk Management for Energy Sector 2018, 5–7 December 2018, Amsterdam Topic: “Discovery process in arbitration”
  • 4th Annual Forum on Procurement and Supply Chain for the O&G and Energy Industry, 22-23 November 2018, London Topic: “Managing the Delay Risk related to the Procurement of Long Lead Items”
  • 5th Contract Risk Management for Energy Sector 2017, 4–6 December 2017, Amsterdam Topic: “Stabilisation & renegotiation clauses in international energy contracts”
  • Global EPC Project & Contract Management for Energy Sector 2017, 31 May – 2 June 2017, Amsterdam Topic: “Concurrent delays, how to regulate and avoid them, who owns float”
  • 4th Contract Risk Management for Energy Sector 2016, 23–25 November 2016, Amsterdam Topic: “Mitigating the risk of delays in power plant projects – an EPC contractor’s perspective”

Banking and Financial Services, Construction and Engineering, Mediation, Real Estate

The Chartered Institute of Arbitrators (CIArb) (Fellow)
WIPO Arbitration and Mediation Center (Listed as an arbitrator candidate)
Vienna International Arbitral Centre (Listed as an international arbitration practitioner)
The Asian International Arbitration Centre (AIAC) (Member of AIAC’s Panel of Arbitrators for the term 2018-2021)
Det Danske Advokatsamfund (Member)
European Environmental Law Forum (Member)
Environmental Law Network International (ELNI) (Member)
Center for International Environmental Law (Member)

2018 Qualified Lawyers Transfer Scheme (QLTS)
2013-16 Fellow of the Chartered Institute of Arbitrators
2013 Right of audience in the Danish Supreme Court
2009-13 Registered Foreign Practitioner in England & Wales
2005-08 Society of Trust and Estate Practitioners: Registered Trust and Estate Practitioner (TEP)
2003 Danish Bar Exam (Advokat)
1996-99 University of Copenhagen, Faculty of Law: MA. in Commercial Law (Cand.Jur)
1999 The Duke-Geneva Institute in Transnational Law: Exam in International Banking Law
1999 Université de Pau et des Pays de l’Adour: Certificat Pratique de Langue Française
1998 The European University Institute, Academy of European Law: Certificate in European Union Law
1997-98 University of Cambridge, Jesus College: LL.M. in International Commercial Law
1993-96 University of Copenhagen, Faculty of Law: BA. in Law

English, French, German
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