Investment Arbitration & Public International Law

Practice Areas

Month: April 2024

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  • Representation of the Republic of Panamá in an ICSID investment arbitration under the USA-Panamá BIT. (Yoram Moussaieff v. Republic of Panama, ICSID Case No. ARB/22/26). The case was finally settled. 
  • Representation of a Latin American State in the enforcement of an ICSID award within a EU State.  
  • Representation of a Spanish investor in an ICSID annulment proceeding relating a construction and infrastructure investment in the Middle-East. (Rizzani de Eccher S.p.A., Obrascón Huarte Lain S.A. and Trevi S.p.A. v. State of Kuwait, ICSID Case No. ARB/17/8)  
  • Represented the Kingdom of Spain in over 60 major ICSID, UNCITRAL and SCC investment arbitrations arisen out of claims brought under the Energy Charter Treaty in relation to measures adopted by the Government of Spain. Successful representation in more than 40% of cases, including Landmark Case Green Power v. Spain as the first case in the investment arbitration history where the intra EU objection was upheld. Cases:  
    • SCC Case 062/2012, Charanne and Construction Investments v. Spain.  
    • SCC Case 2013/094, CSP Equity v. Kingdom of Spain. 
    • SCC Case 2016/135, Green Power K/S and Obton A/S v. Kingdom of Spain 
    • SCC Case 2015/036, Alten v. Kingdom of Spain. 
    • SCC Case 2017/194, Triodos v. Kingdom of Spain. 
    • SCC Case 2017/060, Freif Eurowind v. Kingdom of Spain. 
    • ICSID Case 15/16, BayWa r.e. Renewable Energy GmbH and BayWa r.e. Asset Holding GmbH v. Kingdom of Spain. 
    • ICSID Case 19/4, Canepa Green Energy Opportunities I, S.á r.l. and Canepa Green Energy Opportunities II, S.á r.l. v. Kingdom of Spain. 
    • ICSID Case 15/34, Cavalum SGPS, S.A. v. Kingdom of Spain. 
    • ICSID Case 15/20, Cube Infrastructure Fund SICAV and others v. Kingdom of Spain.  
    • ICSID Case 17/41, DCM Energy GmbH & Co. Solar 1 KG, DCM Energy GmbH & Co. Solar 2 KG, Edisun Power Europe A.G., Hannover Leasing Sun Invest 2 Spanien Beteiligungs GmbH, and Hannover Leasing Sun Invest 2 Spanien GmbH & Co. KG v. Kingdom of Spain. 
    • ICSID Case 15/35, E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH v. Kingdom of Spain. 
    • ICSID Case 18/42, EBL (Genossenschaft Elektra Baselland) and Tubo Sol PE2 S.L. v. Kingdom of Spain. 
    • ICSID Case 13/36 (Annulment), Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain. 
    • ICSID Case 16/4, Eurus Energy Holdings Corporation v. Kingdom of Spain. 
    • ICSID Case 15/42, Hydro Energy 1 S.à r.l. and Hydroxana Sweden AB v. Kingdom of Spain. 
    • ICSID Case 16/18, Infracapital F1 S.à r.l. and Infracapital Solar B.V. v. Kingdom of Spain. 
    • ICSID Case 13/31, Infrastructure Services Luxembourg S.à.r.l. and Energia Termosolar B.V. (formerly Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V.) v. Kingdom of Spain. 
    • ICSID Case 14/12 (Annulment), InfraRed Environmental Infrastructure GP Limited and others v. Kingdom of Spain. 
    • ICSID Case 18/25, Itochu Corporation v. Kingdom of Spain. 
    • ICSID Case 15/27 (Annulment), JGC Holdings Corporation (formerly JGC Corporation) v. Kingdom of Spain. 
    • ICSID Case 15/25, KS Invest GmbH and TLS Invest GmbH v. Kingdom of Spain. 
    • ICSID Case 15/45, Landesbank Baden-Württemberg and others v. Kingdom of Spain. 
    • ICSID Case 14/1 (Annulment), Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain. 
    • ICSID Case 15/23, Mathias Kruck and others v. Kingdom of Spain. 
    • ICSID Case 20/47, Mitsui & Co., Ltd. v. Kingdom of Spain. 
    • ICSID Case 14/11 (Annulment), NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V. v. Kingdom of Spain. 
    • ICSID Case 15/36, OperaFund Eco-Invest SICAV PLC and Schwab Holding AG v. Kingdom of Spain. 
    • ICSID Case 17/15, Portigon AG v. Kingdom of Spain. 
    • ICSID Case 14/18, RENERGY S.à r.l. v. Kingdom of Spain. 
    • ICSID Case 13/30, RREEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.à r.l. v. Kingdom of Spain. 
    • ICSID Case 14/34, RWE Innogy GmbH and RWE Innogy Aersa S.A.U. v. Kingdom of Spain: Partially successful.  
    • ICSID Case 19/23, Sapec, S.A. v. Kingdom of Spain. 
    • ICSID Case 16/27, Sevilla Beheer B.V. and others v. Kingdom of Spain. 
    • ICSID Case 21/39, Spanish Solar 1 Limited and Spanish Solar 2 Limited v. Kingdom of Spain. 
    • ICSID Case 18/45, European Solar Farms A/S v. Kingdom of Spain. 
    • ICSID Case 19/30, VM Solar Jerez GmbH and others v. Kingdom of Spain. 
    • ICSID Case 15/38, SolEs Badajoz GmbH v. Kingdom of Spain. 
    • ICSID Case 15/1, Stadtwerke München GmbH, RWE Innogy GmbH, and others v. Kingdom of Spain. 
    • ICSID Case 16/17, Sun-Flower Olmeda GmbH & Co KG and others v. Kingdom of Spain. 
    • ICSID Case 21/43, TS Villalba GmbH and others v. Kingdom of Spain. 
    • ICSID Case 15/44, Watkins Holdings S.à r.l. and others v. Kingdom of Spain. 
    • UNCITRAL Case 2016-26, Corcoesto, S.A. v. Kingdom of Spain. 
    • UNCITRAL Case AA613, EDF Energies Nouvelles S.A. v. Kingdom of Spain. 
    • UNCITRAL Case 2012-14, AES Solar and others (PV Investors) v. Kingdom of Spain. 
  • Representation of a group of Mexican shareholders and bondholders in two UNCITRAL and ICSID investment arbitrations arising out of the deprivation of their rights and interests in Spain’s fifth largest bank as a consequence of its resolution and sale through the EU Single Resolution Mechanism (SRM). The arbitration involved parallel proceedings before the Court of Justice of the European Union and discovery proceedings (U.S.C. § 1782) before the Southern District Court of New York. (Antonio del Valle Ruiz et al v. Kingdom of Spain, PCA Case No. 2019-17; GBM Global et al. v. Kingdom of Spain (ICSID)). 
  • Representation of a British investor in the first stages of an investment arbitration against a USA State arisen out of the State’s regulatory changes in the PV sector.  
  • Interim representation of the Kingdom of Spain in challenging proceedings against the recognition and registration of an arbitral award before the High Court of Commerce and Property in England and Wales (Infrastructure Services Luxembourg S.à.r.l. and Energia Termosolar B.V. (formerly Antin Infrastructure Services Luxembourg S.à.r.l. and Antin  Energia Termosolar B.V.) v. Kingdom of Spain, ICSID Case No. ARB/13/31).  
  • Assistance in the administration of an UNCITRAL investment arbitration brought by a USA investor against Ecuador under the Ecuador-USA Bilateral Investment Treaty in relation to Ecuadorian measures in the oil sector. (Chevron Corporation and Texaco Petroleum Corporation v. Ecuador (II), PCA Case No. 2009-23) 
  • Representation of an African State in an ICSID arbitration under the Kenya-United Kingdom BIT arising out of a mining dispute (ICSID Case ARB/15/29, Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited v. Republic of Kenya). 
  • Representation of the Republic of Hungary in an ICSID arbitration under the France-Hungary BIT arising out of a dispute in human resources services (ICSID Case No. ARB/14/20, Sodexo Pass International SAS v. Hungary). 
  • Representation of the Republic of Hungary in an ICSID arbitration under the Hungary-United Kingdom BIT arising out of a dispute in waste management (ICSID Case No. ARB/21/66, Christopher Jock Murdoch Mackenzie v. Hungary). 
  • Representation of a group of investors in an ICSID arbitration under the Mining Code of the Democratic Republic of the Congo arising out of a mining dispute (ICSID Case No. ARB/23/20, AVZ International Pty Ltd., Dathcom Mining SA and Green Lithium Holdings Pte Ltd. v. Democratic Republic of the Congo). 
  • Representation of an investor in an ICSID arbitration under the Switzerland-Georgia BIT arising out of a construction and real state dispute (ICSID Case No. ARB/23/23, Basel LLC and Ronald Waldmann v. Georgia). 
  • Representation of an Asian State in an ICSID arbitration under the ICSID Arbitration Rules arising out of a dispute in construction and fossil fuels (ICSID Case No. ARB 15/2, Lighthouse Corporation v. Democratic Republic of Timor-Leste). 
  • Representation of investors in an ICSID arbitration under the Austria-Croatia BIT arising out of a banking dispute (ICSID Case No. ARB/16/31, UniCredit Bank Austria AG and Zagrebačka Banka dd v. Republic of Croatia). 
  • Representation of Iberdrola, S.A. and Iberdrola Energía, S.A.U. in an UNCITRAL arbitration under the Spain-Bolivia BIT arising out of a dispute in the electric energy sector (PCA Case No. 2015-05, Iberdrola, S.A. and Iberdrola Energía, S.A.U. v. Estado Plurinacional de Bolivia). 
  • Representation of the Republic of Lithuania in an UNCITRAL arbitration under the Russia-Lithuania BIT arising out of a banking dispute (PCA Case No. 2019-48, Fund for the Protection of Investors’ Rights in Foreign States v. Lithuania). 

 


Complex National & International Disputes

Practice Areas

Month: April 2024

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  • Successful representation of a Spanish sports broadcasting company against a USA  individual in a United States District Court, Western District of Arkansas cross-border litigation arisen out of breaches of a commercial contract subject to Arkansas Law.  With the assistance of local counsel in Arkansas we obtained the dismissal of the case for lack of US federal court’s jurisdiction.  The dispute also involved complex issues of theories of implied in fact and implied in law contract s as well as manufacturing liability theories. 
  • Successful representation of a corporation against its commercial counterparty and shareholder in various jurisdictions (USA, The Netherlands) related to a large corporate battle arisen out of the potential change of control of a company. 
  • Representation of a Colombian state-owned energy company in a litigation before the United States Federal Courts (Southern District of New Jersey) against a New Jersey commercial counterparty arisen out of breaches of a contract for the manufacture and sale of industrial components subject to the Vienna Convention of Sale of Goods (CISG) and New Jersey law. The dispute involved complex issues of conflict of laws and conflict of forum. 
  • Representation of a large number of international and Spanish banks in more than 25 different civil and commercial litigation cases in all stages of the proceeding (first instance, appeal, cassation, enforcement, interim measures) before several regions of Spanish jurisdiction. 
  • Representation and strategic advice to a Latin American businessman in several interim and injunction measures submitted across various seeking the protection of his assets in a large corporate battel against a private equity and an investment fund. 
  • Representation of a Spanish Y businessman in a corporate battle with multiple actions submitted in the US, the Netherlands and Spain courts in relation to the management of a company and the compliance with a shareholder’s agreement pertaining that company.  
  • Advised a Sovereign State in relation to the filing of several type of injunctions in various jurisdictions seeking at protecting its assets against enforcement proceedings sought by various companies and investment funds.  

 


Commercial Arbitration

Practice Areas

Month: April 2024

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  • Successful representation of a Spanish manufacturing company against a Moroccan commercial counterparty in a Paris-seated International Chamber of Commerce (ICC) arbitration arisen out of breaches of two contract for the sale of goods subject to Spanish and Moroccan Laws.  The arbitration involved large discussions on complex issues of joinder and conflict of laws. Our client was awarded the totality of damages claimed and 90% of the arbitration costs.  
  • Successful representation of a Spanish Shareholder against another shareholder in a Madrid-seated Spanish Arbitration Court dispute regarding violations of a shareholder’s agreement subject to Spanish Law, where redemption of shares were claimed among other specific measures.  
  • Successful representation of a group Spanish companies in an expedited Spanish Arbitration Court dispute arising out of a several breaches of a shareholder’s agreement subject Spanish Law.  
  • Successful representation of a financial services company against various funds and financial advisors in several Madrid Court of Arbitration disputes arisen out of breaches shareholder agreements.   
  • Successful representation of a Spanish Company against a multinational water company in a post M&A Chilean Arbitration Court related to the sale of a utility in Latam.  
  • Representation of a Korean company against a large multinational corporation in a Madrid-seated Spanish Arbitration Court dispute regarding the alleged breach of an agency contract subject to Spanish Law. 
  • Representation of a Spanish state-owned company against a country in Latin America in a dispute arising out of an infrastructure project.  
  • Representation of a Spanish energy company against a Nigerian energy company in a London-based dispute arising out of several breaches of an agreement for oil trading subject to UK Law. 
  • Representation of a Colombian state-owned entity oil company against a cargo company in a London-seated International Chamber of Commerce dispute arising out of a breach of a cargo agreement subject to UK Law. 
  • Representation of a Spanish engineering company against a Middle East State-owned company in Qatar-seated Middle East Arbitration Court in relation to a breach for the construction of an energy plant in Qatar. 
  • Representation and advise of various Central American companies against several American investment banks and funds in a USA-based Arbitration disputes arising out of the sale of a company and a shareholders agreement subject to New York Law.  
  • Representation of a Spanish company against a US company in a USA-based IDCR arbitration in relation to a supply agreement subject to California Laws.

 


Negotiation & Mediation

Practice Areas

Month: April 2024

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  • Representation of a Spanish founder of a in a London-based mediation regarding a ship-building dispute in London.  
  • Successful representation of a Spanish investor in settlement negotiations with a Latin American State regarding a UNCITRAL investment arbitration pertaining the energy sector.  
  • Successful representation of a Central America State in the negotiation of a ICSID investment arbitration settlement agreement pertaining the energy sector in that Central American State. 
  • Successful representation of the founder of a company against the private equity investor in that company in the negotiation of settlement agreement related to a controversy arisen out of breaches of a shareholder’s agreement. 
  • Successful representation of the seller against a multinational water company in a post M&A controversy related to the sale of a utility in Latam.  
  • Successful representation of a Latin American energy company in the settlement of a dispute arisen out of an infrastructure dispute in Latam.  
  • Successful representation of two energy and infrastructure companies in the negotiation of a sanction process  with the World Bank.  
  • Successful representation of a Spanish an oil company in a mediation against a UK provider in relation to damages arisen out of a trust.  
  • Representation of a party in several negotiations pertaining M&A transactions. 

 


CV Celia Martínez Moratalla

Celia Martínez Moratalla

Associate
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Celia Martínez Moratalla has an unique global perspective shaped by her specialized experience in conflict resolution and international relations. A graduate of Universidad Pontificia Comillas ICADE, where she completed a double Bachelor’s Degree in Law and International Relations.

Celia furthered her expertise through an intensive International Mobility Program at Reichman University in Israel. During this time, she focused on conflict resolution, economic policy, and Middle Eastern studies, gaining firsthand experience in international mediation and threat detection. This background equips her with a distinct advantage in understanding and navigating complex international issues.

Celia’s practical experience also includes working with Spain’s State Attorney General’s Office, supporting criminal proceedings, legal analysis, and jurisprudence research, and at the International Institute for Counterterrorism, where she contributed to international mediation and threat detection initiatives.

 


CV Sebastián Mejía

Sebastián Mejía

Of Counsel
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Sebastián is Of Counsel. He is an international lawyer with over a decade of experience in leading international arbitration practices in Madrid and London. A Spanish-Colombian national, he is qualified in New York, Spain, and England & Wales (solicitor) and a Fellow of the Chartered Institute of Arbitrators.

He is consistently instructed to participate in disputes involving both common and civil law. He has participated in proceedings subject to, among others, the laws of Spain, England & Wales, Belgium, Switzerland, USA (New York, Florida and Federal), Peru, Argentina, Colombia, Romania, Italy and Mozambique, as well as Public International Law and other international instruments (e.g. the Olympic Charter or FIFA RSTP).

He has acted in over forty proceedings with an aggregate value in dispute exceeding four billion euros. He excels at resolving complex technical disputes, particularly when related to accounting (post M&A, representations and warranties, adjusted price, etc), finance (financial instruments, derivatives, and contracts) and valuation. I also have extensive experience in relation to corporate, insurance and construction and engineering disputes.

He brings a multi-faceted perspective to arbitration: to his experience as counsel, secretary, and arbitrator, he adds his institutional experience at the Madrid International Arbitration Center and his knowledge of litigation finance, as he is frequently instructed to evaluate the viability of the financing of arbitrations.

AS COUNSEL

Investment Arbitration

  • Representation to settlement of an European investor in an ICSID arbitration against an Eastern European State for breaches of a BIT.
  • Successfully represented a Spanish utilities company in an UNCITRAL arbitration against Bolivia under the Spain – Bolivia BIT.

Commercial arbitration

  • Representation of a Belgian private equity entity against a multi-billion post-M&A CEPANI arbitration for alleged fraud and breaches of warranties arising from the sale of an OTC pharmaceutical company. The claim involved numerous complex accounting adjustments in almost a dozen jurisdictions. Obtained a significant reduction in awarded damages.
  • Successful representation of a litigation funder in an LCIA arbitration to ensure the enforcement and validity of the funding agreement in related insolvency.
  • Successful pro-bono representation of an European NGO in an LCIA arbitration against an app developer in defence and counterclaim in relation to an app development agreement. Successfully resisted an application for interim measures and a challenge to the arbitrator before both the LCIA and the English Commercial Court.
  • Successful representation of a European industrial company in an ICC arbitration against a European equipment manufacturer for gross negligence in the construction of a manufacturing plant.
  • Successful representation of a Spanish industrial company against a Northern-European equipment manufacturer in a Madrid Court of Arbitration arbitration involving claim and counterclaims in relation to the performance of an EPC contract for the construction of a biomass energy production plant.
  • Successful representation of a large Spanish industrial company in an insurance claim under the rules of the Spanish Court of Arbitration (CEA) against a Spanish insurer in relation to the loss of grants as a consequence of Sequestration measures adopted by the Congress of the United States in 2013.
  • Representation of a European industrial company in an arbitration before the Civil and Mercantile Court of Madrid (CIMA) against an East Asian company in relation to a contract for the sale of patents and the application of related non-compete agreements.
  • Representation of major tobacco manufacturer in an ICC arbitration against another global player in relation to a joint venture agreement for a sale of certain brands in a Latin American Country.

Sports Arbitration

  • Successful representation of an Olympic Athlete before the Court of Arbitration for Sport (TAS-CAS) ad-hoc committee for the 2012 London Olympic Games in an appeal against their Federation’s decision to exclude them from the Olympic team.

Domestic litigation

  • Representation of a Spanish arbitrator against claims for liability, following the annulment of an award before the Spanish Courts.
  • Successful representation of a Spanish industrial company against a challenge to a favourable award before the Spanish Courts.
  • Successful representation of an European NGO against the challenge to a sole LCIA arbitrator before the English Courts.

AS ARBITRATOR

  • Sat as Sole Arbitrator in arbitration under the Rules of the Madrid Court of Arbitration (CAM) in relation to a contract for the certification of a photovoltaic energy plant. Madrid seat. Spanish law applicable. Spanish language.
  • Sat as Sole Arbitrator in arbitration under the Rules of the Spanish Court of Arbitration (CEA) in relation to a commercial insurance policy. Madrid seat. Spanish law applicable. Spanish language.


CV Pilar Colomés Iess

Pilar Colomés Iess

Founding Partner
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Pilar Colomés Iess is a New York and Spanish practicing attorney and founding partner of GNCI Law. She is a Columbia University graduate (LL.M) with 15 years of experience representing corporations, investors and States in investment and commercial arbitration cases and complex transnational litigation disputes. Pilar’s experience covers a wide range of jurisdictions and industries where has practiced at the most prominent law firms and institutions around the world (Permanent Court of Arbitration in The Hague; Herbert Smith Freehills in London; Eversheds Sutherland in Spain; Kirkland & Ellis LLP in New York).

Pilar’s most notable experience includes successful representation of the Kingdom of Spain in the first two investment arbitrations related to the PV sector. Pilar also acted in representation of a group of Mexican investors in two highly complex ICSID and UNCITRAL investment arbitration proceedings arisen out of measures adopted by EU institutions in a EU member state. Those cases involved complex ancilliary issues such as consolidation, cross-border discovery proceedings (28 U.S.C. § 1782) as well as local and European Court of Justice litigation proceedings. Pilar has also represented various sovereign States and entities in investment and commercial arbitration matters worldwide including enforcement of ICSID awards in Spain and opposition to the recognition and enforcement of awards in foreign jurisdictions (UK, Latin America, USA).

Pilar has accumulated several victories as leading counsel in international commercial arbitrations where complex procedural and substantive issues arise (such as joinder of third parties or non-signatories, conflict of laws and conflict of forum rules) as well as sophisticated local and cross-border civil and commercial court procedures where complex court-related ancillary measures are involved (such as interim measures, freezing orders or injunctions, foreign discovery proceedings, enforcement/opposition to extrajudicial judgments and awards or annulment proceedings, among others).

Pilar is a Spanish native with english proficiency as a New York-admitted attorney. She is Professor of Public International Law at the Universidad Pontificia de Comillas in Madrid and of International Arbitration at the Universidad de la Rioja and is continuously recognized as a recommended lawyer for the international arbitration and cross-border litigation category in the most relevant rankings (Leaders League, Iberian Lawyer, Best Lawyers).

Investment arbitrations

  • Successfully represented the Kingdom of Spain in a major investment arbitration run under the Arbitration Rules of the Stockholm Chamber of Commerce for claims brought by multiple investors under the Energy Charter Treaty in relation to Spanish Photovoltaic sector.
  • Successfully represented the Kingdom of Spain in a major investment arbitration run under the UNCITRAL Arbitration Rules for claims brought by multiple investors under the Energy Charter Treaty in relation to Spanish photovoltaic sector.
  • Representation of a group of Mexican shareholders and bondholders in an investment arbitration under the UNCITRAL and ICSID Arbitration Rules arising out of the deprivation of their rights and interests in Spain’s fifth largest bank as a consequence of its resolution and sale through the Single Resolution Mechanism (SRM). The arbitration involved parallel proceedings before the Court of Justice of the European Union and discovery proceedings before the Southern District Court of New York. The two arbitrations were consolidated.
  • Representation of a British investor in the first stages of investment arbitration against a EU State arisen out of the State’s regulatory changes in the PV sector.
  • Representation of a Spanish investor in an ICSID annulment proceeding pertaining a construction and infrastructure investment in the Middle East.
  • Representation of the Republic of Panamá in an ICSID investment arbitration under the USA-Panamá BIT.
  • Representation of a Latin American State in the enforcement of an ICSID award within a EU State.
  • Interim representation of the Kingdom of Spain in proceedings challenging the recognition and registration of an arbitral award before the High Court of Commerce and Property in England and Wales.
  • Assistance in the administration of an UNCITRAL investment arbitration brought by a USA investor under the Ecuador-USA Bilateral Investment Treaty in relation to Ecuadorian measures in the oil sector.

Commercial Arbitrations

  • Successful representation of a Spanish manufacturing company in a multi-party Paris-seated ICC arbitration arisen out of a breach of contract for the sale of goods. The arbitration involves complex issues of joinder and conflict of laws.
  • Representation of a financial services company in various commercial arbitrations before the Madrid Court of Arbitration arisen out of breaches shareholder agreements and other related disputes with funds and financial advisors.
  • Represented a Spanish company in an international commercial arbitration run under the Madrid Court of Arbitration Rules for claims regarding alleged breaches of contract and of Spanish Agency Law.
  • Representation of a Colombian company in bringing claims relating to breaches of a contract for the manufacture and sale of industrial components subject to the Vienna Convention CISG before the courts of New Jersey. The dispute involved complex conflict of laws and forum issues, as well as related issues subject to New Jersey law. 

Transnational Litigation

  • Successfully represented a Spanish company in cross-border litigation in the United States District Court, Western District of Arkansas, against an individual in connection with alleged breaches of contract under theories of implied-in-fact and implied-in-law contract law. Together with local counsel in Arkansas we obtained the dismissal of the case on the basis of lack of jurisdiction of the United States courts on the basis of US federal law.
  • Advised and represented a Colombian company in bringing claims relating to breaches of a contract for the manufacture and sale of industrial components subject to the Vienna Convention CISG before the courts of New Jersey. The dispute involved complex conflict of laws and forum issues, as well as related issues subject to New Jersey law. 

Domestic Litigation

  • Represented a number of international banks in more than 25 different civil and commercial litigation cases and appeared before Spanish courts in all stages of the proceedings (evidentiary, trial, Appellate and Supreme Court; motions, enforcement, and interim measures, among others). 


CV Rafael Gil Nievas

Rafael Gil Nievas

Founding Partner
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Rafael is Founding Partner of GNCI Law Firm. Previously, Rafael was Of Counsel for arbitration matters in international law firm Eversheds Sutherland, Madrid, deputy Head of Arbitration at the Kingdom of Spain Government, General Counsel of Cepsa, General Counsel for the Americas at Iberdrola and counsellor of Justice of Spain in the EU.

Rafael specializes in arbitration, mediation and alternative dispute resolution. He has also developed his professional career in international arbitration entities occupying relevant positions as an arbitration and negotiation advisor. He is State lawyer on leave of absence.

He has been involved in more than 70 arbitrations in various jurisdictions, including more than 35 investment arbitrations. As a State lawyer, he co-led the Green Power and CSP Equity-Abengoa cases against Spain. He has been a negotiator of the Rome I and Rome II Regulations, the Brussels I Recast Regulation, Hague Conference Conventions, the reform of the Energy Charter Treaty and the ICSID Arbitration Rules, among others. Gil Nievas is Chairman of the Corporate Arbitration Group of CIAM-CIAR, Professor of Arbitration, Mediation and ADR at the Universidad Pontificia Comillas (ICADE), at the Madrid Arbitration and Mediation Centre, and has lectured at the most prestigious universities in the world, such as Harvard or Columbia, at the Paris Arbitration Week or at the Annual Congress of the International Bar Association.

Rafael also became the Secretary of the Board of Directors at Toro Finance and Flexible Places, demonstrating his ability to balance multiple responsibilities. He was previously secretary of the Board of Iberdrola USA and of Iberdrola Mexico and of the Port of Las Palmas.

He has a Juris Doctor Degree from Universidad Complutense de Madrid, Spain. He has an LLM from Columbia Law School, New York. Rafael completed the Executive Program on Negotiation (Negotiation C Mediation) from Harvard Law School, Cambridge, MA.

He became a negotiator in the modernization of the Energy Charter Treaty in Brussels, Belgium. He also participated in the modernization of the ICSID Arbitration Rules in Washington D.C., USA.

Rafael is an outstanding actor in the arbitration sector in Europe, the US, Latin America, and Asia. He has written several publications about arbitration matters, negotiated Bilateral Investment Treaties and he has participated in conferences and lectures in Spain, the US and in several other jurisdictions.

Rafael played a crucial role as lead counsel in the Green Power vs Spain case, which resulted in a significant victory for the Spanish government. Another important victory in which Rafael was lead counsel was the case CSP Equity v. Spain, demonstrating its ability to resolve complex disputes. He is admitted to the Madrid and certified in New York State Bar Association.

AS COUNSEL

Investment Arbitrations

  • Representation of the Republic of Panamá in an ICSID investment arbitration under the USA-Panamá BIT.
  • Representation of a Latin American State in the enforcement of an ICSID award within a EU State.
  • Representation of a Spanish investor in an ICSID annulment proceeding pertaining a construction and infrastructure investment in the Middle-East.
  • Represented the Kingdom of Spain in over 40 major investment arbitration run under ICISD, UNCITRAL and/or the Arbitration Rules of the Stockholm Chamber of Commerce for claims brought by multiple investors under the Energy Charter Treaty in relation to Spanish Photovoltaic sector. Acted as lead counsel in the two greatest victories of the Government: the Green Power v. Spain case (first case ever where the intra¾EU objection was upheld) and CSP Equity v. Spain (1.5 billion Euros).
    • SCC Cases: CSP Equity v. Spain (2013/094), GreenPower v Spain (2016/135), Alten v. Spain (2015/036), Freif Eurowind v. Spain (2017/060), Triodos v. Spain (2017/194).
    • ICSID Cases: BayWa v. Spain (15/16), Canepa v. Spain (19/4), Cavalum v. Spain (15/34), Cube v. Spain (15/24), DCM v Spain (17/24), E.ON v. Spain (15/35), EBL v. Spain (18/42), Eiser v. Spain annulment 13/36), Eurus v. Spain (16/4), Hydro Energy v. Spain (15/42), Infracapital v. Spain (16/18), Infraestructure Services v. Spain (13/31), Infrared v. Spain (annulment 14/12), Itochu v. Spain (18/25), JGC v. Spain (annulment 15/27), KS Invest v. Spain (15/25), Landesbank v. Spain (15/45), Masdar v. Spain (annulment 14/1), Mathias Kruck (15/23), Mitsui v. Spain (20/47), Nextera v. Spain (annulment 14/11), Opera Fund v. Spain (15/36), Portigon v. Spain (17/15), Renergy v. Spain (14/18), RREEF v. Spain (13/30), RWE v. Spain (14/34), Sapec v. Spain (19/23), Sevilla v. Spain (16/27), Solar 1 and 2 v. Spain (21/39), Solar Farms v. Spain (18/45), Solar Jerez v. Spain (19/30), Soles Badajoz v. Spain (15/38), Stardwerke v. Spain (15/1), Sun Flower Olmeda v. Spain (16/17), TS Villalba v. Spain (21/43), Watkins v. Spain (17/44), Iberdrola v. Guatemala (09/5).
    • UNCITRAL Cases: Corcoesto v. Spain (2016/26), EDF v. Spain (AA v. Spain (AA613), PV Investors v Spain (2012/14), Iberdrola v. Bolivia (settled before registration).

Commercial Arbitrations

  • Representation of Central American businessman companies in a legal dispute against US funds and investment banks concerning the shareholders agreement and the sale of a company in an US Arbitration Court.
  • Representation of a Spanish company in litigation against a US company concerning a distribution agreement in an US Arbitration Court.
  • Representation of a shareholder in a legal dispute against another shareholder regarding alleged violations of a shareholder’s agreement and claiming redemption of shares in a Spanish Arbitration Court.
  • Representation of a Korean company in litigation against a big multinational corporation regarding an alleged breach of an agent contract in a Spanish Arbitration court.
  • Representation of Spanish companies in litigation against a Dutch investment company regarding an alleged breach of a shareholders agreement in a Netherlands Arbitration court.
  • Representation of a Spanish government-owned company in a legal dispute against a country in Latin America.
  • Representation of a Spanish energy company in litigation against a Nigerian energy company regarding an oil contract in a UK Arbitration Court.
  • Representation of an oil company in litigation against a cargo company due to a breach of a cargo agreement in a UK Arbitration Court.
  • Representation of the fund in litigation against the management of a private equity firm regarding management issues in a Spanish Arbitration Court.
  • Representation of a construction company in litigation against the owner of a project due to lack of payment in a French Arbitration Court.
  • Representation of a Bolivian company in litigation against a Dutch company related to the sale of an asset in a French Arbitration Court.
  • Representation of a Spanish oil company as the defendant in litigation against a Nigerian energy company for the construction of an energy facility in a French Arbitration Court.
  • Representation of a Spanish energy company as the defendant in litigation against a Chilean company for the sale of a water utility in a Chilean Arbitration Court.
  • Representation of a Spanish energy company in litigation against a Chilean construction company for the construction of a hydro energy plant in a Chilean Arbitration Court.
  • Representation of a Spanish company as the defendant in litigation against a Chilean construction company for the construction of a hydro energy plant in a French Arbitration Court.
  • Representation of a Spanish engineering company as the defendant in litigation against a Middle East Government owned company for the construction of an energy plant in a Middle East Arbitration Court.

AS ARBITRATOR

  • Mexican construction company v. Mexican energy company for the construction of an energy plant.
  • Chilean energy group v. Brazilian private equity regarding the sale of energy assets.


May 7, 2024: GNCI Law at the Moldova Arbitration Week!

In May 7th, 2024, GNCI Law participated in an interesting conversation about international arbitration, technology and ESG.