Rincón

María Camila Rincón

International Associate
Washington, DC

Maria Camila Rincón helps clients navigate and tackle complex disputes in high-value international arbitrations and international litigations.

María Camila Rincón practices within the International Litigation & Arbitration Department, where she represents clients in international disputes.

Prior to joining Foley Hoag, María Camila worked as associate at an international arbitration and international law firm, acting as counsel in international commercial arbitrations, and serving as secretary and assistant of international investment and commercial arbitral tribunals. She also served as public servant at the National Agency of Legal Defense of the State of the Republic of Colombia, where she participated in the representation of Colombia in different international investment arbitrations and advised on matters related to international arbitration and public international law. She was also part of the Foreign Investment Directorate of the Ministry of Commerce, Industry and Tourism, where she participated in the coordination of Colombia's defense in its first international arbitrations, in the negotiation of different international investment agreements and in the elaboration of Colombia's foreign investment policy in collaboration with the World Bank. 

María Camila was Professor of Public International Law and Assistant Professor of Theory of Public International Law at Universidad del Rosario.
 

Education

  • Georgetown University Law Center, LL.M., 2023. Dean’s List and Honors Graduate, Arbitration Scholar.
  • The Hague Academy of International Law, Private International Law, International Law and Legal Studies, 2019
  • Columbia University, Executive Training in Investor State Arbitration, 2016 Universidad del Rosario, JD Equivalent, 2014

Bar and Court Admissions

BAR ADMISSIONS
  • Admitted only in Colombia; not engaged in the practice of law in the District of Columbia

Languages

  • Spanish

Experience

INTER-STATE DISPUTE SETTLEMENT
  • Representation of a sovereign state in a case concerning the Bern Convention.
  • Representation of a sovereign state in a case under the Energy Charter Treaty.
INTERNATIONAL INVESTMENT ARBITRATION
  • Represented the Republic of Colombia in Naturgy Energy Group, S.A. and Naturgy Electricidad Colombia, S.L. (formerly Gas Natural SDG, S.A. and Gas Natural Fenosa Electricidad Colombia, S.L.) v. Republic of Colombia, ICSID Case No. UNCT/18/1, a claim under the Bilateral Investment Treaty between Colombia and Spain, related to the utilities and electric power sector.
  • Represented the Republic of Colombia in Glencore International A.G. and C.I. Prodeco S.A. v. Republic of Colombia, ICSID Case No. ARB/16/6, a claim under the Bilateral Investment Treaty between Colombia and Spain, related to the mining sector.
  • Represented the Republic of Colombia in América Móvil S.A.B. de C.V. v. Republic of Colombia, ICSID Case No. ARB(AF)/16/5, a claim under the Mexico-Colombia Free Trade Agreement related to the telecommunications sector.
  • Represented the Republic of Colombia in Alberto Carrizosa Gelzis, Enrique Carrizosa Gelzis, Felipe Carrizosa Gelzis v. Republic of Colombia, PCA Case No. 2018-56, and Astrida Benita Carrizosa v. Republic of Colombia, ICSID Case No. ARB/18/5, claims under the Trade Promotion Agreement between Colombia and the United States related to the intervention of a financial sector entity.
  • Represented the Republic of Colombia in Eco Oro Minerals Corp v. Republic of Colombia, ICSID Case No. ARB/16/41, a claim under the Canada-Colombia Free Trade Agreement related to the mining sector. 
  • Represented the Republic of Colombia in Aris Mining Corporation (formerly Gran Colombia Gold Corp.) v. Republic of Colombia, ICSID Case No. ARB/18/23, a claim under the Canada-Colombia Free Trade Agreement related to the mining sector. 
  • Represented the Republic of Colombia in South32 SA Investments Limited v. Republic of Colombia, ICSID Case No. ARB/20/9,  a claim before ICSID under the Bilateral Investment Treaty between Colombia and the United Kingdom, related to the mining sector. 
  • Represented the Republic of Colombia in Telefónica, S.A. v. Republic of Colombia, ICSID Case No. ARB/18/3, a claim under the Bilateral Investment Treaty between Colombia and Spain related to the telecommunications sector.
  • Represented the Republic of Colombia in Cosigo Resources, Ltd., Cosigo Resources Sucursal Colombia, Tobie Mining and Energy, Inc. v. Republic of Colombia, a claim under the Canada-Colombia and United States-Colombia Free Trade Agreements related to the mining sector. 
  • Represented the Republic of Colombia in the negotiation and renegotiation of international investment agreements.
  • Advised the Republic of Colombia in the drafting and negotiation of joint interpretative declarations of international investment agreements. 
  • Advised the Republic of Colombia in the drafting of the Model BIT.
  • Represented Colombia in the negotiation of the Agreement Establishing the UNASUR Investment Dispute Settlement Center.
  • Advised Colombia in the process of modification of the ICSID Arbitration Rules.
  • Advised Colombia on the training of public officials at the central and decentralized levels on international investment arbitration.
  • Advised the Ministry of Commerce, Industry and Tourism of Colombia in the design and structuring of the "Foreign Investment Policy" aimed at attracting and retaining foreign investment in the country, in conjunction with the World Bank.
  • Advised the Ministry of Commerce, Industry and Tourism and the National Agency of Legal Defense of the State in the creation and structuring of a mixed model for the defense of international investment disputes in Colombia. 
  • Participated as assistant or secretary of international arbitration tribunals in international investment arbitrations between foreign investors and States of Latin America, Europe and the Middle East under ICSID and UNCITRAL Arbitration Rules, in disputes related to the mining, energy, agricultural, hotel and financial sectors. 
  • Participated as assistant to ad hoc annulment committees, constituted under the ICSID Convention.
INTERNATIONAL COMMERCIAL ARBITRATION
  • Representing a State in an international commercial arbitration on mining.
  • Represented a public entity in an international arbitration under the Arbitration Rules of the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce in a dispute related to the construction of educational infrastructure.
  • Secretary of an arbitral tribunal constituted under the ICC Rules in an arbitration related to a stock purchase agreement.
  • Secretary of an arbitral tribunal constituted under the LCIA Arbitration Rules between a public entity and a construction company in connection with the construction of a natural gas transportation system. 
  • Secretary of an arbitral tribunal constituted under the UNCITRAL Arbitration Rules in an arbitration between a state entity and a company of the construction sector, related to a road infrastructure concession contract.
ACADEMIC EXPERIENCE
  • Universidad del Rosario, Bogotá D.C., Colombia.
  • Coach of the Universidad del Rosario team in the Philip C. Jessup Moot Court Competition, 2020.
  • Professor of Public International Law, January 2018 to June 2018. 
  • Assistant Professor of International Law Theory, June 2016 to December 2017.

Other Publications

  • El artículo IV de la Convención de Nueva York, María Camila Rincón and Santiago Zuleta, in "El Arbitraje Comercial Internacional: Estudio de la Convención de Nueva York", Editorial Tirant LoBlanch, 2022.
  • Colombia's Constitutional Court Declares that Constitutional Injunctions (Tutela) Can Be Upheld Against Awards in International Arbitration, Maria Camila Rincón, November 4, 2019.
  • Colombia's 2017 Model IIA: Something Old, Something New, Something Borrowed, Kabir AN Duggal, Daniel García, Samuel Trujillo, Maria Camila Rincón, ICSID Review, Volume 34, Issue 1, October 30, 2019.
  • Colombia's Constitutional Court Approves FTA with Israel but Conditions its Ratification, Eduardo Zuleta and Maria Camila Rincón, Kluwer Arbitration Blog, August 3, 2019.
  • Colombia's Constitutional Court Conditions Ratification of the Colombia-France BIT to the Interpretation of Several Provisions of the Treaty, Eduardo Zuleta and Maria Camila Rincón, Kluwer Arbitration Blog, July 4, 2019.
  • Applicable exceptions on the immunity of States in relation to the enforcement of coercive measures on their property, in "Teoría General del Derecho Internacional Privado," Universidad del Rosario and Editorial LEGIS, 2016. 
  • The World Trade Organization in 2011, Observatory of International Activity, Anuario Colombiano de Derecho Internacional, Vol. 5, 2012.

Honors & Involvement

HONORS
  • Arbitration Scholar, Georgetown University, 2022-2023.
  • Award for academic excellence in 2013 and 2014.
INVOLVEMENT 
  • WILIG-ASIL Mentor
  • Young ITA Regional Chair for South America (2021-2023).
  • Member of the Advisory Committee, Latin America Interest Group, American Society of International Law (2021-2023).
  • ITAFOR Contributor (2020-2022).
  • Young ICCA.

Speaking Engagements

  • The Silala case (Chile v. Bolivia) and the relevance of ICJ decisions in international investment arbitration, American Society of International Law, March 2023.  
  • Arbitration Involving State-Owned Entities, Georgetown International Arbitration Society, February 2023.
  • GIAS-ICC YAF Debate “Arbitrators should proactively address corruption allegations -yes or no?” February 2023.
  • Spanish Arbitration Club, Webinar: Contractual Investment Arbitration, June 3, 2021.
  • FTI Consulting- Expert Witness Debating: "Hot tubbing of quantum experts improves the quality and efficiency of witness testimony", January 28, 2021.
  • ICC YAF, Knockout, Emergency Arbitration in Investment Arbitration, August 28, 2020.
  • ICC YAF, Do's & Don'ts in interviewing potential arbitrators, June 5, 2019, La Paz, Bolivia.
  • Skills Training Workshop on Interim Measures and Emergency Arbitration. Young ICCA, Bogota, September 21, 2018.
  • Foreign investment and investment arbitration in Colombia: challenges and opportunities for the country and the region. Universidad de Los Andes, Bogota, March 21, 2018.