Kenneth Juan Figueroa

Representative Experience

Investor-State Arbitration (ICSID/Additional Facility) 

• Desarrollo Vial de los Andes S.A.C. v. Republic of Peru (ICSID Case No. ARB/20/18). Representing the Republic of Peru in a construction arbitration before ICSID, for alleged damages resulting from the inability to operate certain tolls due to massive social protests.
• Webuild S.p.A. (formerly Salini Impregilo S.p.A.) v. Republic of Panama, (ICSID Case No. ARB/20/10). Representing the Republic of Panama in an ICSID arbitration under the bilateral investment treaty between the Republic of Panama and the Italian Republic, initiated by an Italian construction company regarding the expansion project of the Panama Canal.
• Metro de Lima Línea 2 S.A. v. Republic of Peru (ICSID Case No. ARB/17/3). Representing the Republic of Peru in a complex construction arbitration commenced before ICSID related to the design, construction and operation of the underground metro line “Línea 2” in the city of Lima.
• Anglo American Plc v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/14/1). Representing the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a major United Kingdom-based mining company under a bilateral investment treaty in connection with a nickel mining concession. The arbitral tribunal rejected the company's claims in its entirety, totaling close to US $400 million.
• Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12).  Representing the Republic of El Salvador in an ICSID proceeding commenced by the subsidiary of a Canadian mining company under DR-CAFTA and the Salvadoran Investment Law in connection with an application for a mining concession.  The Tribunal rejected all claims and ordered the Claimant to pay El Salvador the amount of US$ 8 million.
• Highbury International AVV y Ramstein Trading Inc. c. República Bolivariana de Venezuela (Caso CIADI No. ARB/11/1). Represented the Bolivarian Republic of Venezuela in an ICSID proceeding brought by Dutch Antilles and Panamanian companies under bilateral investment treaties in connection with gold and diamond mining concessions, which resulted in a favorable award dismissing all claims.
• Highbury International AVV, Compañía Minera de Bajo Caroní AVV, and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/14/10). Represented the Bolivarian Republic of Venezuela in a second ICSID proceeding brought by Dutch Antilles and Panamanian companies under bilateral investment treaties in connection with gold and diamond mining concessions. The case was suspended due to Claimants’ failure to make administrative payments.
• TENARIS S.A. and TALTA – Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/26). Represented the Bolivarian Republic of Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of a hot briquetted iron (HBI) plant.  The Tribunal issued an award in which damages were reduced to less than a quarter of the original amount claimed.  Represented the Republic in rectification and annulment proceedings.
• TENARIS S.A. and TALTA – Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/23). Represented the Bolivarian Republic of Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of their Venezuelan subsidiaries involved in the steel industry. The Tribunal issued an award in which damages were reduced to less than a third of the original amount claimed.  Represented the Republic in annulment proceedings.  
• Crystallex International Corporation v Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/2). Represented the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a mining operating contract.  The Tribunal issued an award in which damages were reduced to a third of the original amount claimed. Represented the Republic in subsequent proceedings to vacate the arbitral award before the United States District Court for the District of Washington, D.C.
• Gold Reserve, Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/1). Represented the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a gold mining concession.  The Tribunal issued an award in which damages were significantly reduced. Represented the Republic in subsequent proceedings to vacate the arbitral award before courts in Paris, France and to challenge enforcement proceedings in Luxembourg, London and Washington, D.C.

Investor-State Arbitration (UNCITRAL)

• Basilio Amorrortu v. Republic of Peru (CPA Case No. 2020-11). Representing the Republic of Peru in an UNCITRAL arbitration initiated by a former Peruvian citizen and current US national for alleged violations of the Trade Promotion Agreement between Peru and the United States for alleged irregularities in the bidding process in connection with the operation of oil blocks off the Peruvian coast.
• Sacyr S.A. v. Republic of Panama (ICSID Case No. UNCT / 18/6). Representing the Republic of Panama in an UNCITRAL arbitration administered by ICSID under the Bilateral Investment Treaty between the Kingdom of Spain and the Republic of Panama initiated by a Spanish construction company related to the expansion project of the Panama Canal.
• Rutas de Lima v. Municipalidad Metropolitana de Lima (ad hoc CNUMDI case) (“Rutas 1”). Representing the Metropolitan Municipality of Lima in an arbitration related to the reconditioning and operation of three sections of the North Pan-American Highway under a concession contract, including the installation of new tolls that led to major social protests. The case also involves corruption issues related to the Lava Jato case in Peru, since Claimant's majority partner was Brazilian construction company Odebrecht. Currently representing the Municipality in post-award processes, including interpretation processes and possible annulment process.
• Rutas de Lima v. Municipalidad Metropolitana de Lima (Caso ad hoc CNUMDI) (“Rutas 2”). Representing the Metropolitan Municipality of Lima in an arbitration related to the reconditioning and operation of three sections of the North Pan-American Highway under a concession contract. This case, parallel to Rutas 1 was initiated by the Claimant to try to give effect to certain alleged agreements related to the increase of rates. The case also involves corruption issues related to the Lava Jato case in Peru, since the Claimant's majority partner was Brazilian construction company Odebrecht.
• Constructora Makro v. Ministerio de Transporte e Infraestructura de Nicaragua (ad hoc CNUDMI case). Representing the Nicaraguan Ministry of Transportation and Infrastructure in a construction arbitration in which Claimant, a Mexican construction company, alleges the illegal termination of a contract for alleged reasons of force majeure related to social protests. 
• Nova Scotia Power Incorporated v. Bolivarian Republic of Venezuela (PCA Case No. 2009-14). Represented the Bolivarian Republic of Venezuela in an UNCITRAL arbitration relating to the termination of a coal supply agreement, which resulted in a favorable award dismissing all claims.
• Merck Sharp & Dohme Corp. v. The Republic of Ecuador (PCA Case No. 2012-10).  Representing the Republic of Ecuador in UNCITRAL proceedings brought by a U.S. company under a bilateral investment treaty in connection with a national court decision rendered against the investor in private litigation.

International Commercial Arbitration

• Representing the Metropolitan Municipality of Lima in a case initiated according to the rules of the Paris Chamber of International Arbitration (PCIA) related to a concession contract for the construction and operation of the “Línea Amarilla” toll road. In this case, the Claimant tried to enforce certain formulas for readjustment and rate increases, it also involves corruption issues related to the Lava Jato case in Peru, since Claimant's majority partner was the Brazilian construction company OAS.
• Representing the Metropolitan Municipality of Lima, who acts as claimant in a case initiated under the Paris Chamber of International Arbitration (PCIA) rules regarding the request for cancelling a concession contract for the construction and operation of the “Línea Amarilla” toll road and, alternatively, certain agreements in this regard, as well as compensation for damages suffered by the Municipality (LAMSAC Case 2). This case, as well as LAMSAC 1 involves social protests and corruption issues related to the Lava Jato case in Peru, since Claimant’s majority partner was the Brazilian construction company OAS.
• Represented Corporación Dominicana de Empresas Eléctricas Estatales (CDEEE) regarding claims presented by a consortium led by a Brazilian company related to the construction and operation of a thermoelectric plant. He led the team in a parallel mediation process that managed to resolve the controversy and ensure the delivery of the plant in favorable conditions for our client.
• Representing a Nicaraguan company in a dispute and eventual ICC arbitration against a Colombian company related to corporate issues in the energy sector.
• Representing a Nicaraguan agricultural company in a dispute and in the eventual ICC arbitration against a Colombian sugar company related to a contract for agricultural land administration.
• Representing a Nicaraguan company in a dispute and eventual ICC arbitration against a Colombian company related to corporate issues in the energy sector.
• Represented a Spanish company in an ICC arbitration with respect to a contract for the supply of medical equipment.
• Represented a major Mexican conglomerate in an ICC arbitration against its former joint venture partner in connection with a contract dispute.
• Represented a State-owned petroleum company in ICC proceedings brought by a consortium in connection with a breach of contract claim relating to enhanced oil recovery techniques.
• Represented a State-owned naval engineering firm in ICC proceedings in connection with breach of contract claims relating to improvements on military vessels.
• Represented a major U.S. bank in a complex multi-party ICC arbitration, and related litigation in aid of arbitration, concerning the control of a major Brazilian telecommunications company.
• Represented a Swiss financial index manager in an ICC arbitration against a U.S. company in connection with a licensing and intellectual property dispute.
• Represented a Brazilian mining company in ICC proceedings against an Argentine shipping corporation in connection with a maritime dispute.
• Represented a U.S. company in ICDR proceedings against a Chilean mining company concerning the breach of a copper supply contract.

Other Representation

• Representation of a Salvadoran construction company in various litigations before U.S. federal courts against the project owner and project engineer, relating to breaches of a construction contract. 
• Served as Respondent’s expert on the international law of damages in a commercial arbitration brought under the auspices of the Mexican Arbitration Center (CAM), relating to a dispute arising from the acquisition of major retail outlets.
• Advising the Mexican entity CENAGAS (National Center for the Control of Natural Gas), responsible for the operation of the national transportation system and storage of pipelines, with respect to its international bidding documents and procedures.
• Advised a state-owned electricity company with respect to the negotiation of a major contract amendment that ensured the completion of a construction project while segregating and reserving potential claims for determination in international arbitration. 
• Defended a Mexican rubber producer in U.S. federal court and various state courts in connection with antitrust civil class actions by direct and indirect purchasers.
• Advised a Mexican rubber producer in negotiations with the European Commission in connection with allegations of antitrust activity.
• Advised and prepared a senior officer of a U.S. bank in connection with the presentation of testimony at hearings conducted by the Brazilian national congress to investigate the mensalão bribery scandal.
• Represented a U.S. corporation in a prosecutorial investigation concerning alleged criminal conduct.
• Represented the Central Bank of Ecuador in connection with sovereign debt restructuring.
• Represented the Central Bank of a Guatemala in connection with the negotiation and execution of investment management and custody agreements.  
• Assisted in the consultation and preparation of documents in connection with various project financings in Latin America, including in Brazil, Peru, Chile and Venezuela.