Photo, Víctor Mercedes

Víctor Mercedes

Partner
Baker & McKenzie Barcelona S.L.P.

Biography

Victor Mercedes is a partner in and heads the Firm's Litigation, White Collar, Arbitration & Insolvency Practice Group in the office. He is former State Attorney and has 20 years of legal experience. He has served as member of the Firm’s Europe, Middle East and Africa Dispute Resolution Steering Committee.

He is an associate professor at Pompeu Fabra University, teaching business and criminal litigation and arbitration law in different business programs. Victor has authored and co-authored various publications on litigation in different sectors.

Prior to joining the Firm, Victor served as State Attorney during which time acted for over 2000 disputes representing the Spanish Government and all its agencies before different courts (Civil, Commercial, Criminal and Administrative). He was also a member of the National Administrative Observatory for Tax Crime, Contraband and Punishable Insolvencies of the Spanish Ministry of Economy and Finance and the Spanish Tax Agency, in charge of the legal reforms in these matters.
He is ranked and recommended since 2011 as leading lawyer in dispute resolution, corporate crime and restructuring and insolvency in Chambers Global, Chambers Europe, Best Lawyers and in Legal 500.

Clients appreciate that "Victor is a brilliant litigator; he is respected in his practice, active in Barcelona and Madrid, intelligent and pragmatic". Interviewees value his versatile approach and know him to be "very proactive and creative". Directories describe Victor as: "extremely well informed on the latest legal developments and jurisprudence, he is always solution-oriented and very practical". His peers value that "he is especially intuitive in negotiations, structuring the roadmap very well in the search for solutions".

Practice Focus

Victor focuses his practice on litigation (civil, commercial, corporate and criminal litigation) as well as arbitration (domestic and international).

He advises and acts as counsel for Spanish and international clients in domestic and international commercial arbitration cases. He has acted in proceedings before the most relevant international and Spanish arbitration courts or in ad-hoc arbitrations in a broad variety of sectors and industries (retail, industrial, construction, real estate, private equity, financial). He has also significant experience in investment disputes especially involving countries and governments in Central and South America.

Victor assists Spanish and international clients, both contractual and tort, on directors’ liability and conflicts within companies and in any type of complex litigation before civil, commercial courts in Spain in all their instances.

He provides advice on criminal law for corporate crime and corporate compliance and defends and represents companies and directors in cross-border or highly complex criminal investigations and judicial proceedings before Spanish criminal courts including National Court and Supreme Court.

Victor advises and represents Spanish and international clients on insolvency proceedings, distress situations, liability for insolvency, as well as transactions in the context of transnational insolvencies. He accumulates huge experience advising on domestic or cross-border sales of business units within insolvency proceedings.

Representative Legal Matters

Arbitration

  • Represented company based in Singapore subsidiary of Sovereign Wealth Fund of the Government of the Republic of India in a LCIA commercial arbitration for an investment in a Spanish company.

  • Defended Spanish listed company leader in the electricity sector in UNCITRAL investment dispute for expropriation of a subsidiary by a South American government.

  • Acted for leading Spanish company in the gaming sector in an investment dispute concerning the banning of certain activities by a South American government.

  • Defended Spanish road maintenance group in ICSID case for termination of concession contract by a Central American government.

  • Advised Spanish group specialized in waste management in ICSID investment dispute against a South American government for the termination of a concession agreement.

  • Acted for Japanese multinational group in a commercial arbitration before Madrid Arbitration Court against a domestic company arising from a sale and purchase agreement.

  • Represented Spanish engineering company in a commercial arbitration against a Kazakhstani company in relation to the construction of a road in Kazakhstan.

  • Acted for leading French engineering company in a dispute concerning a turnkey construction and installation project of a wind farm plant.

  • Defended Spanish company in ICC arbitration arising from a real estate development against a subcontractor.

  • Represented Italian company in enforcement proceedings of ICC award in Spain.

Professional Honors

  • Ranked in Dispute Resolution, Chambers Global and Chambers Europe (2011-2020)
  • Ranked in Dispute Resolution: Corporate Crime, Chambers Europe (2011-2020)
  • Ranked in Restructuring & Insolvency: Insolvency, Chambers Europe (2011-2020)
  • Ranked in Best Lawyers Spain: Dispute Resolution, Criminal Litigation, Insolvency (2011-2020)
  • Ranked in Legal 500: Dispute Resolution, Criminal Litigation, Insolvency (2011-2020)

Professional Associations and Memberships

  • Barcelona Bar Association - Member
  • Spanish State Lawyers Association - Member
  • Pompeu Fabra Law School Faculty - Member
  • Spanish Arbitration Club (CEA) - Member

Admissions

  • Barcelona~Spain (2006)
  • Spain - State Attorney by Competitive Examination (2000)

Education

  • Barcelona University, Pompeu Fabra (Law Degree with honors) (1997)

Languages

  • Catalan
  • English
  • Italian
  • Spanish