Kenneth Juan Figueroa

Partner - Washington, D.C.

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202.261.7386

202.785.6687

kfigueroa@foleyhoag.com Download vCard

Kenneth Juan Figueroa is a partner in the firm’s Washington office and a member of the International Litigation and Arbitration Department. He has substantial experience in international arbitration matters, particularly in Latin America. Kenneth has recently been recognized as one of Latin America’s “Top 100 Lawyers” by Latinvex: Latin America Business News & Analysis. He has also been recognized by Who’s Who Legal in construction matters.

Kenneth’s practice focuses on international disputes, particularly on investor-State matters, commercial arbitration, and sovereign representation as well as general advice regarding disputes prevention and resolution. He represents clients, including private and state-owned companies and foreign States and State-owned entities before U.S. federal courts and international arbitral tribunals, including those established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), the United Nations Commission for International Trade Law (UNCITRAL), the International Chamber of Commerce (ICC) and the International Center for Dispute Resolution (ICDR) among others.

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Education:

  • Columbia University School of Law, J.D. (study abroad at Universidad de Buenos Aires, Fall 2001), 2002
  • Yale University, B.A. (study abroad at Universidad Autónoma de Madrid, Spring 1996), 1997

Languages:

Spanish, Portuguese

Representative Experience

Investor-State Arbitration (ICSID/Additional Facility) 

  • Metro de Lima Línea 2 S.A. v. Republic of Peru (ICSID Case No. ARB/17/3). Represent the Republic of Peru in a construction arbitration commenced by a Spanish and Italian consortium in connection with a public transportation concession. 
  • 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.
  • 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). Representing 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). Representing 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)

  • 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

  • Represent the state-owned electricity distribution company of a Caribbean State in a construction dispute with a Brazilian-led consortium relating to the construction of a thermoelectric plant.
  • Represent a Nicaraguan company in a dispute and eventual ICC arbitration against a Colombian company related to corporate issues in the energy sector.
  • Represent a Spanish company in an ICC arbitration with respect to a contract for the supply of medical equipment.
  • Represented a Spanish medical supply company in an ICC arbitration relating to the alleged breach of a medical equipment supply contract. 
  • 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.  
  • Author: “Comity Towards Nullity?: The New York Convention and Enforcement of Annulled Awards” ILSA Journal of International and Comparative Law [forthcoming in 2019]
  • Autor, “El Uso de Expertos en Jurisdicciones Anglo-Sajón (Common Law)”, Construction Law International (CLInt) Quarterly Magazine [forthcoming in 2019] 
  • Author, “Jurisprudence Regarding the Most Favored Nation Clause: Attempting to Reach a Consistent Analytical Framework.” Investment Arbitration Forum: Developments and Trends. 1st ed. Sonia Rodriquez Jimenez, Herfield Woss, National Autonomous University of Mexico (2013) (Original In Spanish)
  • Co-author (with L. Shore), Dissenting Awards:  Dissents, Concurrences and a Necessary Divide between Investment and Commercial Arbitration, 3:6 Global Arbitration Review 18-20 (2009)
  • Author, Immigrants and the Equal Protection Regime: Parens Patriae Standing, Foreign Governments and Protection from Private Discrimination, 102 Colum. L. Rev. 408 (2002)

Honors

  • Harlan Fiske Stone Scholar
  • Columbia Law Review, Senior Editor
  • John M. Olin Junior Fellow in Law and Economics
  • Latin America’s Top 100 Lawyers, Latinvex
  • Who's Who Legal, Construction

Involvement

  • International Council for Commercial Arbitration (ICCA)
  • International Bar Association (IBA), Officer of the North American Forum
  • American Bar Association (ABA), International Law Section, Member of the Board of Directors of the Energy and the Environment Sub-Committee
  • District of Columbia Bar Association, International Law Section
  • American Society of International Law (ASIL)
  • Advisory Panel, ICCA Task Force on Damages
  • Speaker, III Investment Arbitration Forum, "Jurisprudence regarding the Most Favored Nation Clause: Attempting to Reach a Consistent Analytical Framework," Mexico City, September 2, 2010
  • Speaker, International Mining Professionals Society Luncheon, 60th Annual Rocky Mountain Mineral Law Institute, "Mining Disputes in Investor-State Arbitration: An Overview," Vail, Colorado, July 18, 2014.
  • Speaker, IBA Conference, Mining in Africa: Opportunities and Legal Challenges, “Stabilization Law and Agreements. The Enforceability of Stabilization Agreements,” Dar es-Salaam, Tanzania, September 8, 2014.
  • Speaker, 2nd. International Seminar on Investment Arbitration, “Evolution of the Agreements on Reciprocal Promotion and Protection of Investments relating to Indirect Expropriation,” Lima, Peru, October 2, 2014.
  • Speaker, Georgetown Law Center, International Arbitration Association, Risk Management and the Settlement of Investments Disputes: Focus on Infrastructure Projects in Latin America, “Infrastructure Projects and the Settlement of Investment Disputes: Contextualizing Matters,” Washington, D.C., February 5, 2015.
  • Speaker, Seminar: “International Arbitration in the Context of the Energy Reform”, co-organized with the Mexican Federal Fiscal Prosecutor’s Office, Mexico City, April 11, 2016.  
  • Speaker, ICC Conference on international Arbitration, Recent Modalities in International Arbitration Practice, “Third Party Funders in International Arbitration,” Santa Cruz, Bolivia, August 26, 2016.
  • Speaker, IBA Conference, 3rd Annual Investing in Africa Conference, Energy Prices and Investment in Africa: an uncertain prognosis, “Stabilization Clauses in the Energy Sector”, Paris, France, June 23, 2017.
  • Speaker, Closing Conference of the 5th International Arbitration Moot of Havana, “Damages in International Arbitration”, Havana, Cuba, July 14, 2017.
  • Speaker, 5th International Seminar on Investment Arbitration, “Third Party Funding: Issues and Concerns”, Lima, Peru, October 3, 2017.
  • Moderator, ILA/ILSA International Law Weekend 2017, “International Water Conflict and Cooperation: Grappling with the Allocation of Freshwater Between States in the Face of Climate Change”, Fordham University School of Law, New York, NY, October 20, 2017.
  • Moderator, ILA/ILSA International Law Weekend 2017, “The Changing Paradigm of Investment Protections in Latin America: Implications for Investment and Investor-State Arbitration”, Fordham University School of Law, New York, NY, October 21, 2017.
  • Speaker, ICC Young Arbitrator’s Forum, “Contracting with States: Recurring Conflicts. Reflections and Practical Tips”, Panama City, Panama, January 29, 2018.
  • Speaker, 6th Annual International Arbitration Month, “Analyzing the Complexities of International Construction Arbitration Disputes: An Attorney’s Approach”, Georgetown Law School, Washington, D.C. February 15, 2018.
  • Speaker, FIESP Morning Workshop: International Trade and Investment Arbitration: The Brazilian and International Experience, “Investment Disputes: The International Perspective and the Brazilian Model”, São Paulo, Brazil, March 14, 2018.
  • Senior Panelist, 60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Important Issues and Future Challenges, “Deference to Nullity? The New York Convention and the Enforcement of Annulled Awards”, University of Loyola Andalucía, Seville, Spain, April 5, 2018.
  • Speaker, XII Congress on International Arbitration, “Confidentiality or Transparency of Arbitral Proceedings,” Lima, Peru, April 25, 2018.
  • Speaker, 8th Conference on International Arbitration, “Recent Developments in Investment Arbitration”, Santa Cruz, Bolivia, June 8, 2018.
  • Speaker, Breakfast Workshop, National Association of Corporate Counsel (ANADE), “Are You Prepared for Commercial Arbitration in these Times of Change?: Essential Elements that Corporate Counsel Should Know”, Mexico City, July 11, 2018.
  • International Speaker, Buenas y Malas Prácticas de los Árbitros Nacionales: Confrontándolo con el Arbitraje Internacional, “Planificación del arbitraje: Discusión sobre las Notas de la CNUDMI sobre la organización de los procedimientos arbitrales," Faculty of Law of the Pontifical Catholic University of Peru (PUC), Lima, Peru, September 14, 2018.
  • Speaker, VI International Seminar on Investment Arbitration, “Corrupción en las inversiones y sus efectos en el arbitraje de inversión,” La Paz, Bolivia, September 28,2018.
  • Speaker, Annual Conference of the International Bar Association, "The Use and Misuse of Experts: Experts under the Common Law Threshold", Rome, Italy, October 11, 2018.
  • Moderator, ILA / ILSA International Law Weekend 2018: "The Investment Dispute Resolution System: A Happy New World or the Clock That Was Backward", Fordham University School of Law, New York, NY, October 19, 2018.
  • Speaker, "China Infrastructure in Latin America and the Caribbean: Perception and Reality," The Inter-American Dialogue, Washington, D.C., November 18, 2018.
  • Speaker, "The Arbitration of Controversies on Copyright and Related Rights: the International Perspective," CRECIG Symposium on Copyright and Related Rights in the Current World, Guatemala City, Guatemala, February 7, 2019.
  • Speaker, "Corruption in Investment Arbitration: the Relationship between Internal and International Juridical Orders in Jurisdiction and Fund Issues", XII International Arbitration Conference, Quito, Ecuador, April 4, 2019.
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Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals Second Circuit
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Supreme Court