Paulino Fajardo
Paulino is the Regional Head of Dispute Resolution for Europe, Middle East and Africa and specialises in international dispute resolution and crisis management.
A skilled negotiator and legal strategist with over 30 years' experience in comparative law and different legal systems, Paulino advocates before civil and criminal courts and acts as mediator, arbitrator and counsel in complex international arbitrations.
He has extensive experience advising clients on their most important strategic disputes in relation to financial and cyber-related crimes, product liability, political risk, corporate and commercial, disputes, and ESG-related conflicts, particularly in the areas of energy, construction, life sciences, aviation and reinsurance.
Publications and accolades
His expertise has long been distinguished by local and global legal directories, with Chambers ranking in the top of his field, in Band 1, for more than 10 years. Recognised by Chambers as a "Star Individual", sources describe Paulino as "a great negotiator" who is "a lawyer that you want to have on your side." and praise him for being "very analytical and practical. He is business-oriented and brilliant. He keeps things going and he is very close with the clients and understands their needs". He has also been described by clients as "a walking encyclopaedia, every conversation with him is a master class" (Legal 500 EMEA 2023).
Paulino plays an active role in the disputes community and was awarded the Barakah Award 2023 for his outstanding contribution to the field of mediation in Europe.
Paulino has authored numerous publications, books and articles on dispute resolution and ADR, including:
- "Litigation Funding in Comparative Law: Historical background and ethical limits", a chapter in the book Third Party Litigation, ICADE University and RAMCO (pre-publication, 2024)
- "ADR as a Condition to Arbitration: Tiered Clauses. A Comparative Law Analysis" (in collaboration with Wojtek Zaluska), a chapter of the book D. Arias (coor.): Arbitration and Jurisdiction, Ed. La Ley (2024)
- "Claims for business interruption due Covid-19. A comparative law perspective", an article in La Ley Mercantil- Wolters Kluwer (2022)
- "Termination of the action of damages resulting from air transport in the Montreal Convention: how should limitation be interpreted under Spanish Law", a chapter in Anuario Contencioso 2018, La Ley-Wolter Kluwers
- Cooperation as a Strategy: Mediation in Commercial Disputes, a book published by Aranzadi-Thomson Reuters (2016)
- "Climate Change Litigation: American phenomenon or Global Trend?" in Liability for Climate Change. Munich Re (2009)
Background
Paulino holds a PhD in Law and is dual qualified as an English solicitor and a Spanish Abogado, as well as being an accredited mediator with the Centre for Effective Dispute Resolution (CEDR).
In addition to his law degree at Granada University, Paulino studied English law at the London School of Economics (LSE) and International Protection of Human Rights at the Basque Country University (UPV).
He is a procedural law professor at ICADE University, where he regularly lectures on International Arbitration and ADR and is also a visiting professor at University of Deusto, University Ramon Llull and University Carlos III of Madrid and University of Navarra.
Paulino is a member of the Advisory Board of the Asociación Española de Gerentes de Riesgos - AGERS (Spanish Association of Risk Managers and Insurance) and a member of the European Association of Judges for Mediation (GEMME).
Paulino is also a member of the Foresight Committee of the Federation of European Risk Management Association (FERMA).
Experience & expertise
Selected matters
Crisis Management
- aviation catastrophe management following an accident resulting in 154 fatalities, including criminal investigation and defence, regulatory investigation, civil litigation and class actions, insurance coverage, reputational and media risk management and Parliament investigation
- liability insurers of the Spanish railway operator on the first response and subsequent criminal proceedings following a major train crash, resulting in 80 fatalities and more than 180 seriously injured
- designing and leading on the strategy of a listed company to avoid a forced acquisition of assets, through a set of arbitration and litigation proceedings in several European jurisdictions, which also included crisis communication
- cyber crisis response (contractual, criminal and insurance aspects) for a major industrial group as a result of a series of connected frauds in Europe, South America and Africa
International Arbitration &ADR
- defending an automotive supply company in international arbitration (Stockholm Chamber of Commerce) and several court proceedings in Japan, Germany and Spain following the supply of an allegedly defective piece used in the security systems of certain models of cars
- defending a contractor (Singapore International Arbitration Centre, SIAC) in relation to the unlawful termination of a FIDIC construction contract governed by Nepalese Law
- defending an engineering consortium in a multi-party dispute (ICC international arbitration) in relation to the alleged breach of contractual obligations
- leading international mediator experience including ad-hoc and institutional appointments for disputes in the construction and engineering, technology, pharmaceutical, insurance and financial sectors
Insurance & Reinsurance
- a renewable energy group in a cover dispute under its property and loss of profits international insurance programme following serial design defects in the equipment of 13 locations
- a dispute relating to political risk cover brought by a Spanish Food Company against London market underwriters following civil war in an African Country
- defending the reinsurers and cedents of a D&O (non-IPO) USA based insurance programme following the settlement of a SEC related claim
- an international telecoms and aerospace company in the design and negotiation of a composite international insurance and reinsurance programme
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