Representative Matters - International Arbitration

Luis O'Naghten's Representative Experience as Party Counsel

Selected Matters:

• In an arbitration under ICSID rules regarding the expropriation of an investment in six hydroelectric plants, Luis represented a contractor against the Republic of Peru.

• In a multijurisdictional dispute involving over $90 million in claims with cases filed in London High Court, Geneva, Switzerland, and Miami, Luis represented and acted as lead counsel to a prestigious Venezuelan businessman and several companies against a Russia-based companies.

• In Spanish language ICC arbitration matter in Madrid, Spain that alleged $155 million in damages regarding the repair of two submarines, Luis represented a foreign affiliate of a Fortune 100 company and defense contractor against an agency of Venezuela.

• In a federal court lawsuit against an agency of the Venezuelan government alleging over $70 million in damages for breach of contract in the Southern District of Florida, Luis represented a global manufacturer.

• In two separate Spanish-language ICC arbitrations involving over $100 million and the construction and financing of a series of healthcare public works projects in Panama, Luis represented a multinational integrated project developer against the Republic of Panama.

• In a claim against a Central American bank resulting in over $100 million resulting from the termination of the banking relationship in federal court and in an arbitration governed by UNCITRAL rules, Luis represented an American warehouse chain.

• In an arbitration under ICSID rules, Luis represented an investor against the Republic of Panama regarding the expropriation of an investment in ethanol production.

• In an AAA arbitration proceeding involving fraud and public corruption laws against the shareholders of an Ecuadorian company that was acquired by an Australian company, Luis represented the Australian company.

• In an action to confirm an arbitration award from Canada, Luis represented a Canadian franchisor of an Israeli coffee café concept.

• In an ICC arbitration against a Mexican contractor dealing with the breach of contract in a major southern port, Luis represented a leading port and cargo provider.

• In a Spanish-language arbitration involving IACAC/CIAC rules dealing with Peru’s largest oil and gas field, Luis represented a Peruvian state entity.

• In a $30 million dispute against a Mexican cell phone distributor that required obtaining discovery in the United States pursuant to 28 USC sec. 1782 and coordinating litigation efforts with Mexican counsel, Luis represented a Korean electronics company.

• In an action to confirm an UNCITRAL award rendered in an investor-state dispute in D.C. Federal Court, Luis represented the government of Canada. 

• In a matter concerning the construction and rehabilitation of four asphalt plants in an ICSID claim, Luis represented a contractor against the Republic of Panama.

• In an ICDR arbitration against a Brazilian promotor claiming $20 million resulting from the termination of development and power purchase agreements, Luis represented a gas company.

• In litigation concerning negligence and failure to deliver warrants and bonds filed in the Federal District court in New York, Luis represented a purchaser of over $46 million in Nigerian oil bonds.

• In an ICDR arbitration against a provider of gambling equipment, Luis represented the principal shareholder of the Hipodromo de las Americas in Panama.

Representative Experience as Arbitrator

Luis has acted as Sole Arbitrator, President of Tribunals, and Co-arbitrator under ICC, AAA/ICDR, UNCITRAL and other rules in over thirty cases. He has sat as an arbitrator in investment arbitrations, construction arbitrations and complex commercial cases. He has acted as arbitrator in both English and Spanish language proceedings.  Among his recent appointments are:

• In an investment dispute under UNCITRAL rules administered by the PCA involving allegations of expropriation by the Ecuadorian government, Luis served as a co-arbitrator.

• In an ICDR arbitration involving the sale of metals from Spain, Luis served as President of the Tribunal.

• In an ICC arbitration concerning a dispute between a law firm and its client, Luis served as sole arbitrator.

• In an ICDR arbitration involving the broadcast rights to international soccer in a Latin American country, Luis served as President of the Tribunal.

• In a dispute among Mexican parties and a Luxemburg entity related to the alleged breach of a satellite telemetry, tracking and commanding provisioning agreement Luis acted as President of an ICDR arbitration.

• In an ICC arbitration involving parties from Colombia and the United States, Luis acted as sole arbitrator.

• In an ICDR arbitration Luis acted as President of a tribunal in a dispute between a Delaware company and another from the Dominican Republic regarding a claim pursuant to a Share Purchase Agreement.

• In an ICDR arbitration tribunal dispute between a Colombian entity and a Florida company regarding breach of an agency agreement  Luis acted as President of the tribunal.

• In an ICC arbitration between parties from the Middle East and the United States, Luis acted as sole arbitrator.

• Luis acted as an emergency arbitrator in a dispute involving a US entity and Mexican parties involving the breach of a sales contract.

• In an ICC arbitration involving the breach of a construction contract regarding a factory in Ecuador and an American supplier, Luis acted as a co-arbitrator.

• In an ICC arbitration between a Puerto Rican distributor and an Indian pharmaceutical, Luis acted as sole arbitrator.

• In an ICDR arbitration Luis acted as co-arbitrator in a dispute regarding the ownership of a film library among Mexican family members. 

• In an ICDR arbitration Luis acted as Sole Arbitrator in a dispute between a seller of rum and its distributor. 

• In an arbitration under the ICC expedited rules regarding breach of a distributorship agreement in El Salvador, Luis acted as sole arbitrator.

• In an arbitration under ICDR rules regarding a claim of force majeure arising from the Covid pandemic, Luis acted as President of the arbitral tribunal.

• In an ICC arbitration involving a claim under an investment agreement regarding the forced purchase of a company's shares, Luis acted as a co-arbitrator.

• In an ICDR arbitration Luis acted as co-arbitrator in a dispute regarding a profit sharing agreement.

• In an ICC arbitration involving a $27 million line of credit dispute in Miami, Luis served as sole arbitrator.

• In an ICC arbitration dealing with allegations of breach of contract, defamation, and other business torts concerning the construction of an energy plant in Colombia, Luis served as co-arbitrator.

• In an ICC arbitration involving parties from Argentina and the United States regarding the breach of a sales contract, Luis acted as sole arbitrator.