Fernando Messias

Founding Partner

at Fernando Messias Advogados / Lawyers

Portugal

About Fernando

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                                                             Fernando Messias, LLM, PhD                                                          Lisbon, Portugal   +351 934205633                                                          [email protected]                              https://www.linkedin.com/in/dr-fernando-messias-mciarb-63186615b   European Lawyer, Mediator, & Arbitrator European Qualified Commercial Counsel specialising in the areas of international competition and arbitration, spearheading complex business negotiations centred on the purchase of real estate, M&As, and hotel purchases. Deliver authoritative, impartial decisions, bringing resolution to disputes ranging in complexity. Champion for the sustainability of market competition and passionate about regulating anti-competitive conduct amongst organisations.  Professional Experience Freelance, International Facilitator, 2009 to PresentLead individuals, groups, organisations, and clients in the creative resolution of organisational problems based on the Simplex System – Basadur Applied Creativity, United States of America and Canada.  Leverage understanding of human behaviour, culture, organisational leadership, and positive psychology to bring both sides to a resolution. Uncover what problem is and where problem lies via fact-finding, ultimately gaining in-depth understanding of issue. Apply current and ongoing educational background to Simplex System methodology, whilst drawing on book titled, ‘Leadership and Management Litigation Risk’, personally authored, on specific methodology of problem solving.  §  Cleaning Company Merger and Acquisition (M&A) (2019): Mediated between Chinese buyers / Spanish sellers; buyers came in with purchase price viewed as too low by sellers. Represented buyers, travelling to China to inform Chairman and ascertain goals. Within months both parties negotiated beneficial outcomes and purchase was made. §  Shoe Factory M&A (2017): Facilitated between Portuguese sellers/Italian buyers as seller’s lawyer. Established relationship with buyers, convincing party to keep Portuguese employees on after M&A with non-permanent contract. Deal closed within five months of mediation.  §  Hotel Business Purchase (2016): Bridged cultural gap between Indian sellers / German buyers. Travelled to Brussels to mediate process, studying behaviours, cultures, and personalities. Identified Board Chairman on both sides as issue; gained Chairmen’s trust and business negotiations resumed.    Multiple Companies, Various Locations Professional Trainer, 2003 to PresentDeliver professional training in the areas of law, organisational leadership, and wellbeing, primarily to company directors. Develop trainees’ skills on increasing knowledge and emotional intelligence, subsequently advancing skills associated with daily commitments and tasks. Engage and motivate students by cultivating relationships, respecting differences, and gaining understanding of key strengths / weaknesses. Apply legal background and organisational strategies to improve students’ understanding of the benefits of being useful, knowledgeable, and ornamental in bespoke societies.  §  Received personal thanks from employers for motivating and enhancing employee skills which reflected in work performance and organisational outcomes.    Algarve Regional Council of the Portuguese Association for Consumer Protection (DECO), Portugal President & Board Member, 2003 to PresentChair five-member Regional Delegation Directorate, since 2011, for the largest consumer association in Portugal, collaborating with team to hand down work directives to line management.  Promote and sustain DECO’s goals and objectives by motivating and empowering employees, leading to quality, organisational outcomes. Lead team in conceptualising and executing consumer projects, with significant favourability amongst consumers. Projects and work are delegated to line management, which communicates work directives to six people under permanent employment contract within association.   §  Elevated Association to the highest ranked position regarding employee performance amongst six regional councils in Portugal. §  “Plastic in Sight! Get rid of this Species! “Project (“Plástico à Vista! Livre-se Dessa Espécie!”) (2019): Partnered with University of Algarve during one-year campaign promoted throughout Algarve region.  §  “The Neighbor’s Stop is Better Than Mine!” Project (“A paragem da vizinha é melhor que a minha!”) (2018): Centred on poor bus stop conditions; several stops were unmarked and lacked shelter. (related to previous project).  §  “Strike Your Car – These Transports are not for us” Project (“Faça greve ao seu carro — Estes transportes não nos servem”) (2016 to 2018): Focused on sensitising City Councils to inefficiency of public transportation in partnership with top 16 municipalities in Algarve Region.  §  “Eldery + Alert” Project (“Idosos + alerta”) (2011): Collaborated with public security forces, including Republican National Guard and the Public Security Police.   Fernando Messias Advogados, Lisbon, Portugal Head Lawyer, 1998 to PresentCompliment firm’s success with speciality in international arbitration and international trade law, domestic law, international public law, and company / competition law.  Demonstrate expertise in four main areas of Portuguese domestic law, including litigation / arbitration, civil law / administrative law, real estate law / administrative law, and taxation / business law. Optimise day-to-day operations of two locations, one in Lisbon, the other in Faro, by co-ordinating workflow of both offices with a total of six employees, ensuring delivery of competent, quality services. Spearhead business negotiations, mainly for M&As and real estate, securing mutually beneficial agreements. Firm earned appearances in Legal 500 EMEA, a professional law magazine, based on success as lawyer and facilitator during various business real estate / hotel purchases and M&As. §  International Arbitration Case (2019 to Present): Appointed sole arbitrator by Chairman of hotel group (Brazil / Singapore) to arbitrate HR-related mismanagement case. Arbitration seated in Singapore; lead ad hoc arbitration.  §  International Arbitration Case (2017 to 2018): Appointed arbitrator by UAE real estate property / hotel owners during breach of contract during hotel construction in Dubai; German construction company retained Suisse lawyer and third arbitrator appointed as Chairman of panel of arbitrators. Arbitration seat in London; ad hoc arbitration. Additional experience as Legal Advisor for the Algarve Regional Directorate of Agriculture & Fisheries; administered legal advice to senior management, whilst co-ordinating day-to-day workflow.  Education and Credentials LLM, International Trade Law, School of Law, University of Aberdeen, Scotland, Commendation – 2019Dissertation: “Can, if so in what circumstances would, the United Nations Convention on Contracts for the International Sale of Goods be the proper law governing an arbitration agreement?” PgDip, International Arbitration, School of Law, University of Aberdeen, Scotland, Commendation – 2017 PhD, Tourism, University of Algarve, Faculty of Economic, Faro, Portugal – 2015Doctoral Thesis: “Leadership and wellness: the case of five-star hotels in the Algarve” PgDip, Law of the Territory, Urbanism, & Tourism, University of Lisbon, Faculty of Law, Lisbon, Portugal Diploma, Advanced Studies in Tourism, University of Algarve, Faculty of Economic, Faro, Portugal Diploma, Regional Economics & Local Development, University of Algarve, Faculty of Economic, Faro, Portugal Licentiate in Law, Modern University of Lisbon, Faculty of Law, Lisbon, Portugal Certifications Certified Basadur Facilitator, Simplexity System Professional Trainer, Certificate of Professional Aptitude # EDF 3989/2003 DG   Professional Development Law of the Consumer and Competition; Public Relations, Media and Lobbying; Strategic Management Intellectual Property Law; Consumer Law Professional Associations Member of the Chartered Institute of Arbitrators in London County Bar Association (CIArb), 2018 to Present Member of the International Chamber of Commerce in Lisbon (ICC, Lisbon), 2018 to Present Languages Portuguese (mother tongue), English (proficient), French (basic), & Spanish (mid-level) Honours & Awards Legal 500 EMEA 2010 – 20th Edition, Page 1051 & Legal 500 EMEA 2009 – 19th Edition, Page 1113 Patent  Patent process in interior design in five-star hotel industry. Main Publications MESSIAS, F. (2020). International Arbitration: Investment Arbitration, Energy Disputes and the Independence and impartiality of the Arbitrator. English Edition. Allahabad, India: Rochak Publishing. MESSIAS, F. (2019). The impact of technological innovations on International Trade and Finance: the importance of E-commerce and the documentary credit particularly on export financing. English Edition. Allahabad, India: Rochak Publishing. MESSIAS, F. (2019). A critical reflection on the relationship between WTO law, Intellectual Property Law and Investment Law: the particular issue of compulsory licensing of medicines. English Edition. Allahabad, India: Rochak Publishing.  MESSIAS, F. (2018). Can, and if so in what circumstances would, the United Nations Convention on Contracts for the International Sale of Goods be the proper law governing an arbitration agreement? English Edition. Allahabad, India: Rochak Publishing.  MESSIAS, F. (2018). International Arbitration: multi-party arbitration and the arbitrator’s duty of disclosure. English Edition. Allahabad, India: Rochak Publishing. MESSIAS, F. (2018). The Organizational Well-Being in Five Star Hospitality: The Role of Leadership Which Promotes Well-Being. 2.ª English Edition. Allahabad, India: Rochak Publishing.  MESSIAS, F. (2017) “Portugal – Analysis of the Company Laws”, chapter contributor in International Trust Laws and Analysis. Company Laws, Wealth Management & Tax Planning Strategies by William H. Byrnes. Kluwer Law International.  MESSIAS, F. (2015). The Organizational Well-Being in Five Star Hospitality: The Role of Leadership Which Promotes Well-Being. English Edition. Allahabad, India: Rochak Publishing. MESSIAS, F. (2013). Leadership & Management Litigation Risk – A mental model methodology to reduce the risk of claims for damage to the company following “bad” business decisions: the Portuguese company scenario. English Edition. Allahabad, India: Rochak Publishing.

Expertise

Fernando has experience in the following areas:

Industries

Fernando has previously helped clients in the following industries:

Languages

Fernando can also speak those languages:

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