About the authors

Author: | Published: 9 Jul 2001
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Tibor Fabian

Binder Grösswang Rechtsanwälte

Dr Tibor Fabian, born 1956, qualified in 1994 and is a partner of Binder Grösswang Rechtsanwälte since 1996. He studied law at the University of Vienna (Dr iur) and economics at the University of Economics (MBA).

He practices banking and capital markets law. Besides his general banking advisory practice he has experience in international capital market transactions (equities and bonds), syndicated loans, project finance, asset based financing, security arrangements and all aspects of corporate finance.

He advises investment firms on the setting up and distribution of investment funds and asset management. Another area of special interest are regulatory affairs and the legal aspects of securitization as well as the adaptation of innovative financial instruments like hybrids and derivatives to the Austrian setting.

Before joining the firm Tibor Fabian gained banking experience in Oesterreichische Kontrollbank, working on international capital markets transactions and special projects and in Länderbank (later merged into Bank Austria) as head of international project finance.

Barbara Trefil (Chapter 5 on E-Banking and 10 on Insolvency), Florian Khol (Chapter 6 on Takeover Law) and Johannes Barbist (Chapter 7 on Merger Control) of Binder Grösswang Rechtsanwälte contributed to the article.


David Napolitano


David Napolitano is currently a senior associate at Eubelius, after having served as corporate counsel at KBC Bank (formerly known as Kredietbank) for six years (1993-1999). He is a member of the Brussels bar and teaches company law as an assistant professor at the Catholic University of Leuven since 1998.

He practices in the areas of financial services, regulatory, banking and company law. He is fluent in Dutch, English and French.

Mr Napolitano studied law at the Catholic University of Leuven (Belgium - 1993), holds a masters degree from Northwestern University (United States – 1995) and specialized in company law at the Catholic University of Brussels (Belgium - 1997).

He is the author of articles on various aspects of company and financial law, and is an editor of a number of periodicals on commercial, company and financial law. Mr Napolitano can be reached at David.Napolitano@Eubelius.com

Bart A Servaes


Bart A Servaes is currently a non-equity partner at Eubelius. He returned to private practice in May 2000 after completing a four year assignment as in-house counsel and Vice President of JP Morgan Brussels. He is a member of the Brussels bar since 1993 and a part-time teaching assistant at the "Jan Ronse Institute" for corporate law of the Catholic University of Leuven, School of Law.

His major areas of practice are financial services law, banking law and corporate law. He is fluent in Dutch, English and French.

Mr Servaes graduated from the Catholic University of Leuven, School of law in 1989 and obtained an LLM from Northwestern University, School of Law, Chicago in 1990.

He is the author of numerous articles on various aspects of company law, financial law and not for profit institutions. Bart Servaes can be reached at Bart.Servaes@Eubelius.com


Tom Schubert

Roschier-Holmberg & Waselius, Attorneys Ltd

Tom Schubert is a member of the firm's Corporate M&A practice group. Born in 1950, Mr. Schubert gained an LL.M. from the University of Helsinki in 1977 and trained at the Bench in 1978. He became a member of the Finnish Bar in 1980 and joined Roschier-Holmberg & Waselius in 1978 becoming a partner in 1982. Mr. Schubert has advised in the establishing of foreign owned banking operations in Finland and acted as general counsel for such operations.

E-mail: tom.schubert@rhw.fi

Gunnar Westerlund

Roschier-Holmberg & Waselius, Attorneys Ltd

Gunnar Westerlund is co-head of the firm's Capital Markets practice group. Born in 1955, Mr. Westerlund gained an LL.M. from the University of Helsinki in 1980 and was trained at the Bench in 1983. He became a member of the Finnish Bar in 1993 and joined Roschier-Holmberg & Waselius in 1994 becoming a partner in 1996. Before joining the firm he was general counsel of Bank of Åland Ltd. Specialising in financial law and corporate and tax structuring, Mr. Westerlund has been involved in a large number of domestic and cross border transactions involving complex structural and financing arrangements. Together with co-partner Mr. Dimitrios Himonas, Mr. Westerlund has also in recent years been involved in a large number of leasing, securitisation and other transactions involving asset finance. Mr. Himonas and Mr. Westerlund are responsible for the firm's netting opinions.

E-mail: gunnar.westerlund@rhw.fi


Tim Scales

Allen & Overy

Tim Scales is a senior associate in the Banking and Finance Department of Allen & Overy's Paris office. He has a wide experience of advising on project financings including power, oil & gas, infrastructure, telecoms and IFC, EIB and ECA-backed financings.

Noël Chahid-Nouraï

Allen & Overy

Noël Chahid-Nouraï recently joined Allen & Overy as a partner in charge of Public Law and Environment in the Paris office. He has 17 years' experience in Administrative Law Litigation as a senior judge at the Conseil d'Etat, the French Administrative Supreme Court , 11 years experience in French Administration, and 3 years' experience with a large French law firm where he was a partner. His experience in the field of BOTs and concessions has included advising on the negotiation and drafting ( eg. tollroads, water and transportation concessions ), litigation (eg. Stade de France) and lecturing (in particular at IDLI and at the Paris Institute of Political Science). As a judge at Conseil d'Etat he has also dealt with many cases in this field.


Dr Felix Klinger

Tax Partner, Ernst & Young Frankfurt

Dr Felix Klinger has a law degree and a doctorate in private banking law of the University of Würzburg. He is an attorney-at-law (Rechtsanwalt) and a German Tax Advisor (Steuerberater). Dr Klinger is the firm's Country Leader, Germany for International Tax Services/Capital Markets. Since joining the firm in 1990, Dr Klinger has specialized in international tax, M&A and taxation of financial institutions and is responsible tax partner for various multinationals.

Robert Prätzler

Tax Manager, Ernst & Young Frankfurt

Robert Prätzler has degrees in economics of the university of Kassel and of a private business school in Bordeaux, France. He is a German Tax Advisor (Steuerberater). Since joining the firm in 1997, Mr Prätzler has focused on the taxation of banks and financial institutions. His main areas of activity are derivative instruments, VAT aspects and transfer pricing questions including branch-head office relationships.


Jakob R Möller

Logos Legal Services

Reykjavík College - Graduated 1960
University of Iceland Cand. jur.1967
Admitted to practice before District Courts 1991
Admitted to practice before Supreme Court 1995

English, Danish and other Scandinavian languages, some German

In-house counsel industrial firm 1970-1990
Partner Counsel Office 1991-1999
LOGOS Legal services from January 2000

Practice areas:
Financial law, Project financing, Liability law, Insurance law, Employment law

Field of legal interest:
Financial law, Project financing, Liability law, Insurance law, Employment law

The Netherlands

Kitty WM Lieverse

Loyens & Loeff

Kitty WM Lieverse, born 1966, attorney. She is a partner of the Amsterdam office of Loyens & Loeff since 1996. She joined the law firm of Loeff Claeys Verbeke, Rotterdam office, in 1989. She is member of the practice group banking & securities. She is also a member of the opinion committee of Loyens & Loeff. She specializes in financial products, including insurance products, syndicated loans and debt instruments. Her experience encompasses advising on regulatory matters with regard to financial institutions such as banks, investment funds and insurers. She has acted as counsel in various financial transactions including project finance, repos, securitisations, repackaging.

She graduated in Dutch law (cum laude, corporate law main subject) from Leyden University (1988) and worked on secondment with an American law firm in Los Angeles, Washington DC and New York. In 1999/2000 she followed the post graduate program Finance & Securities at the Grotius Academy of Nijmegen University (cum laude).

Harold C Tuinstra

Loyens & Loeff

Harold C. Tuinstra, born 1967, is a associate of the Amsterdam office of Loyens & Loeff since May 2000. He graduated from the University of Groningen in social-economic and company law. (1993). From 1995 to 1996 he worked as a legal advisor at the Dutch Central Bank (De Nederlandsche Bank N.V.) on the Supervision Department. From 1996 to 1999 he worked at the legal department of the Securities Board of the Netherlands (Stichting Toezicht Effectenverkeer). From the beginning of 1999 he was a company lawyer of Bank Labouchere N.V., a bank specialised in securities products for professional and private investors (Effecten Krediet Instelling).

He specialises in supervisory regulation, securities products and structured finance. His experience encompasses advising on securities legislation and financial products.


Mira Davidovski

Salans Hertzfeld & Heilbronn

Mira Davidovski, partner with Salans Hertzfeld & Heilbronn, concentrates on banking and finance with particular emphasis on Russia and the former Soviet Union.

Ms Davidovski has had significant experience in advising on cross-border financings in Europe, North America and Asia, including the preparation of lending and security documentation, consideration of inter-creditor issues, and advising on debt assignments and restructurings.

Ms Davidovski has been a central legal adviser on an international financial institution's lending programme to over 20 Russian banks. She advised on post-crisis bank recapitalisation and debt recovery. Her practice in Eastern emerging markets includes advice to international financial institutions, investment funds, investment advisors, and broker-dealers, and advice on acquisitions in telecommunications, natural resources, and financial services among other sectors.

Ms Davidovski divides her time between the Moscow and London offices. She is a native English speaker and is fluent in Russian and French.


Dr Robert Furter


Dr Robert Furter was born in 1953. In 1977, he graduated from the University of Zurich and was admitted to the bar in 1979. In 1981 he earned a doctorate at the University of Zurich. During 1983/1984 Robert Furter worked as a "foreign associate" with Winthrop, Stimson, Putnam & Roberts, New York. Since 1988, he has been a partner with Pestalozzi Lachenal Patry in Zurich. Robert Furter's areas of concentration are banking, capital markets and securities law, as well as litigation relating thereto. His professional languages are German, English, French and Dutch. He contributes regularly to national and international publications on banking, capital markets and securities law issues. Robert Furter is a member of various international professional organizations, including the International Bar Association and the American Bar Association. He is a member of the Executive Committee (where he serves as secretary of Committee Q) of Lex Mundi (The World's Leading Association of Independent Law Firms) and currently serves as Lex Mundi's Chairman Emeritus.

Dr Jürg Koeferli


Dr Jürg Koeferli, born 1963, graduated from Zurich University in 1988 (lic iur)/1994 (Dr iur) and the London School of Economics and Political Science in 1995 (LLM in international business law). He has been admitted to the bar in 1991. After having served as Law Clerk of the Superior Court of the Canton of Zurich, Jürg Koeferli worked for several years in the finance team of a Zurich law firm and the capital markets department of Freshfields, London. His main practice areas are international banking and finance law with a particular focus on securitization and other structured financing techniques. Jürg Koeferli published and served as speaker at conferences in the field of his expertise. He is a member of the Zurich, the Swiss as well as the International Bar Association. His professional languages are German and English and he has a good knowledge of Italian and French.


Özlem Oral

Birsel Law Offices

Özlem Oral joined Birsel Law Offices in 1998 and is a senior associate in the firm. She is admitted to bar in 1997, Izmir. She is a graduate of Dokuz Eylül University, Faculty of Law (LL B 1996) and obtained her Master's Degree from University of Essex (LL M in International Trade Law, 1998). She is an officially recognized professional representative of patent and trademarks registered to the Turkish Patent Institute.

Her practice areas are Commercial and Corporate Law, Banking Law, Capital Markets Law, Intellectual Property Law, Foreign Investment Law, Project Finance, and Competition Law.

Özlem has substantial experience in the transactions such as issuance of commercial papers, medium and long- term notes, securitization with respect to foreign and local banks, acquisition of shares of banks and companies by foreign investors and involved in numerous transactions thereto. She also provides advice to companies particularly on foreign investment law issues, banking and finance and securities.