Celia is an associate of the GNCI Law. Prior to joining the firm, she worked for State Attorney General’s Office, giving support to the Prosecutor including study of criminal proceedings, writing of qualification documents, analysis and search of jurisprudence. She holds a Degree in Law and International Relations by Universidad Pontificia Comillas (ICADE)

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 (2019-2021)

Successfully represented a Spanish utilities company in an UNCITRAL arbitration against Bolivia under the Spain – Bolivia BIT (2013)

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. (2019-2020)

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. (2018-2019)

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. (2015-2016)

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. (2014-2015)

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. (2016-2017)

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. (2014)

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. (2013)

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. (2012)

Domestic litigation

Representation of a Spanish arbitrator against claims for liability, following the annulment of an award before the Spanish Courts. (2017)

Successful representation of a Spanish industrial company against a challenge to a favourable award before the Spanish Courts. (2017-2018)

Successful representation of an European NGO against the challenge to a sole LCIA arbitrator before the English Courts. (2019-2020)

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. (2023).

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. (2023).

Pilar is Founding Partner of GNCI Law. In her more than 15 years of professional experience, Pilar worked for recognized international law firms in Madrid and New York such as Eversheds Sutherland, Herbert Smith and Kirkland & Ellis LLP.

Pilar is a prominent lawyer with vast experience in investment and commercial arbitrations as well as in complex litigation cases. She has experience in different jurisdictions around the world (UK, Netherlands, USA, Spain) and has successfully represented corporations, States and investors in commercial and investment arbitrations and in highly complex transnational litigation.

Among her most notable achievements is the successful representation of the Kingdom of Spain in the first two investment arbitrations of the PV saga (Charanne & Construction; PV Investors). She currently represents

the Republic of Panama in an investment arbitration before the ICSID (International Centre for Settlement of Investment Disputes) and a Spanish listed construction company in an annulment proceeding against the State of Kuwait. In the past, Pilar also represented Mexican investors in a complex investment dispute against the Kingdom of Spain which involved discovery proceedings in the USA under 28 USD 1782 and litigation proceedings before the European Court of Justice. Pilar has also handled complex transnational disputes in Arkansas and New Jersey and worked on the enforcement of an ICSID award within a State of the European Union.

She holds a degree in Law and Journalism from Universidad Carlos III, Madrid, Spain, and an LLM from Columbia Law School, New York. She is admitted to the Madrid and New York State Bar Associations.

Pilar she has participated as a panellist in various conferences, addressing topics such as arbitration in the era of climate change and human rights in investment arbitration. She is an associate professor of Public International Law at the Universidad Pontificia Comillas (ICADE) in Madrid and has lectured at leading universities and international law associations (New York University, CEA Barcelona). She is a member of the working group of the Campaign for Greener Arbitrators and is a frequent contributor to arbitral and academic institutions.

Investment arbitrations

Representation of the Republic of Panamá in an ICSID investment arbitration under the USA-Panamá BIT. (currently)

Representation of a Latin American State in the enforcement of an ICSID award within a EU State. (currently)

Representation of a Spanish investor in an ICSID annulment proceeding pertaining a construction and infrastructure investment in the Middle-East. (currently)

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. (2022-2023)

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. (2022)

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. (2017-2019)

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. (2012-2016)

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. (2012- 2016)

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. (2011-2012)

Commercial Arbitrations

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 (currently)

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. (currently)

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. (2014-2015)

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. (2021)

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. (2020-2024)

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). (2012-2016)

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).

• ICSI: 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.