Michael A.FernándezCounsel

Michael A. Fernández‘s practice is focused on complex commercial litigation, international arbitration, and regulatory compliance issues.

Fluent in Spanish and Portuguese, Michael has experience representing foreign and domestic companies and individuals involved in arbitrations, litigations, and with investigations in the U.S., as well as parties to international commercial and investment treaty arbitrations conducted under the major international rules including UNCITRAL, ICSID and ICDR. He has represented clients in contract, construction, insurance/reinsurance, partnership, and trademark disputes. He has also represented a large state-owned oil company in Latin America on investigative matters in the U.S.

Prior to joining Rivero Mestre, Michael practiced at leading international law firms where he focused on complex commercial litigation, international arbitration, and investigations, and at a national firm where he focused on federal and New York state litigation.

Michael is a member of the New York Bar as well as many federal courts. He is also a Fellow of the Chartered Institute of Arbitrators, and is admitted to the arbitrator rosters for the Costa Rica Center of Conciliation and Arbitration (CICA), the Arbitration Center of Mexico (CAM), and the Conflict Resolution Commission of the Chamber of Industry of Guatemala (CRECIG).

Michael also serves as Chair of the New York City Bar’s Inter-American Affairs Committee and as a Deputy Regional President of the Hispanic National Bar’s New York Region.

EXPERIENCE

Professional Experience

Associate, Winston & Strawn LLP (2017-2021)


Associate, Chadbourne & Parke LLP/Norton Rose Fulbright LLP (2017)


Associate, Quinn Emanuel Urquhart & Sullivan LLP (2016-2017)


Associate, Stroock & Stroock & Lavan LLP (2013-2016)


Staff Associate, Professor Alejandro M. Garro, Columbia Law School


Staff Associate, Professor Kent Greenawalt, Columbia Law School


Judicial intern for Justice Rolando T. Acosta of the New York Appellate Division, First Department


Judicial Intern for Judge Barbara Lagoa of the Florida Third District Court of Appeal

Appointment

Current Member, Committee on Character and Fitness for the New York State Supreme Court, Appellate Division, First Department

ENGAGEMENTS

Speaking Engagements

Uganda Law Society, 4th Annual Law Conference (Virtual), Speaker, “The proposed TRIPS waiver and its Relevance to the Ugandan Law Profession,” August 26, 2021


Young ITA Mentorship Program – Speaker Series (Virtual), Moderator, “Developments in ISDS: The Roaring 20s?” August 10, 2021


2021 HNBA Corporate Counsel Conference (Virtual), Speaker, “E-Discovery in International and Domestic Arbitration v. E-Discovery in Court,” March 17, 2021


ITA-ALARB Americas Workshop (Virtual), Speaker, “Arbitrator Immunity and Liability Survey,” December 2, 2020


Young ITA Mentorship Program – Speaker Series (Virtual), Moderator, “COVID-19 as an Excuse Not to Perform International Contracts,” August 10, 2020


New York City Bar (Virtual), Program Co-chair, “Careers in Compliance for Diverse Law Students,” August 6, 2020


Bichara Advogados (Virtual), Co-Moderator, “Audiência Virtual em Arbitragem em Tempos de Covid-19,” May 27, 2020


New York City Bar (New York), Moderator, “The State of Play in Investor State Arbitration: Are We In for the Roaring 20s or the Big Crash?” March 4, 2020


New York International Arbitration Center (New York), Moderator, “NYIAC Talks: Spotlight on Latin America: Practices, Trends & Takeaways on Latin American Arbitration Centers,” March 6, 2019


New York City Bar Association (New York), Co-Moderator, “Class Actions in Latin America and Their Interaction with the U.S. Market,” January 10, 2019


Young ITA Talks Conference (Guatemala City, Guatemala), Speaker, “Recent Developments in Investment and Commercial Arbitration in the Region – the State’s Perspective,” November 9, 2018


For People of Color Law School Admissions Conference (New York), Speaker, “Legal Professionals Panel,” April 14, 2018


For People of Color Law School Admissions Conference (New York), Speaker, “Legal Professionals Panel,” February 15, 2014


Continuing Legal Education Presentation (New York), Speaker, “#itisadmissible!: Using Social Media Evidence in Federal Court,” December 11, 2013

RECOGNITIONS

Recognitions & Honors

Named to Best Lawyers: Ones to Watch for Alternative Dispute Resolution and Commercial Litigation, 2021 – 2022


Recognized by Super Lawyers as a “Rising Star” in the area of Civil Litigation: Defense, 2018-2021


Recognized by the New York State Bar as “Empire Counsel” for performing 50 hours or more of pro bono legal services to low income individuals, 2018


Legal Team Award, Her Justice Commitment to Justice Award, 2014


Pro Bono Service Award, New York City Family Court Volunteer Attorney Program, 2014


Pro Bono Service Award, New York City Family Court Volunteer Attorney Program, 2013

COMMUNITY

Associations & Activities

New York City Bar:

– Chair, Inter-American Affairs Committee
– Affiliate Member, Arbitration Committee


New York State Bar:

– Member, Committee on Courts of Appellate Jurisdiction
– Member, Committee on Civil Practice Law and Rules


Hispanic National Bar Association

– Deputy Regional President, Region II (New York)


Inter-American Bar Association


Cuban-American Bar Association


Chartered Institute of Arbitrators, New York Branch

– Programs Committee


Young ITA

– Vice Chair, North America
– Mentorship Facilitator


Racial Equality for Arbitration Lawyers (REAL)

– Ambassador

PUBLICATIONS

Publications

Enforcement of Foreign Arbitral Awards in the U.S. Post Daimler AG v. Bauman, Co-author in the Kluwer Arbitration Blog, November 26, 2020
http://arbitrationblog.kluwerarbitration.com/2020/11/26/enforcement-of-foreign-arbitral-awards-in-the-u-s-post-daimler-ag-v-bauman/?print=print


Asistencia judicial en materia arbitral, Co-author in El Mundo del Abogado, May 2019


Interpreting Ambiguous Domestic and Foreign Arbitral Awards, Co-author in the New York Law Journal March 11, 2019, https://www.law.com/newyorklawjournal/2019/03/11/interpreting-ambiguous-domestic-and-foreign-arbitral-awards/?slreturn=20210530012846


The Corruption Defense: Practical Considerations for Claimants, Co-author in the Kluwer Arbitration Blog, January 22, 2019 http://arbitrationblog.kluwerarbitration.com/2019/01/22/the-corruption-defense-practical-considerations-for-claimants/?print=print


What Roadblocks Are Preventing a Deal on NAFTA? Co-author in the Latin America Advisor, May 30, 2018 https://www.thedialogue.org/wp-content/uploads/2018/05/LAA180530.pdf


NAFTA Deal This Year?, Co-author in the Latin America Advisor, February 14, 2018 http://www.latinvex.com/app/article.aspx?id=3591


How are the NAFTA Renegotiation Talks Progressing?, Co-author in the Latin America Advisor, September 1, 2017


What Do New U.S. Goals Mean for NAFTA Talks, Co-author in the Latin America Advisor, July 31, 2017


What Are the White House’s Plans for Changing NAFTA? Co-author in the Latin America Advisor, April 5, 2017


Investment Treaty Arbitration in the Americas, Co-Author in the Global Arbitration Review, 2016


Enforcing Arbitral Awards that Have Been Set Aside in the Seat Where the Award Was Made – Different Approaches Towards the Same Thorny Issue, Co-author in Expert Guides, 2016


Choice of Venue in International Arbitration, co-author of Chapter 2 on Buenos Aires, Oxford University Press, 2014, https://global.oup.com/academic/product/choice-of-venue-in-international-arbitration-9780199655717?cc=us&lang=en&


ARIAS – US Law Committee Reports, Co-contributor

Education

Columbia Law School, J.D., 2012

  • Harlan Fiske Stone Scholar
  • Parker School Certificate for Achievement in International and Comparative Law.
  • Managing editor for the Journal of Transnational Law
  • Treasurer of LALSA
  • Cuban American Bar Association Scholarship

Fletcher School of Law and Diplomacy, MALD, 2012


Yale University, B.A. in Political Science, with distinction, and in Spanish, 2007

  • Albert Bildner Yale Class of 1937 Prize for an outstanding essay on Latin America.

Admissions

New York


United States District Court, Southern District of New York


United States District Court, Eastern District of New York


United States Court of Appeals, First Circuit


Supreme Court of the United States

Practice Areas

News & Engagements