Ofilio Mayorga

Ofilio Mayorga's practice focuses on public international law litigation, investment treaty arbitration and international commercial arbitration. He has represented sovereign States and State-owned entities in legal proceedings before the world’s principal dispute resolution bodies, including the International Court of Justice (ICJ), the Permanent Court of Arbitration (PCA) and the International Center for the Settlement of Investment Disputes (ICSID).

He has also represented sovereign clients and private companies in numerous investment and commercial arbitrations conducted under the ICSID, UNCITRAL, and ICC Rules, in disputes involving natural resources, telecommunications, construction, shipping, civil aviation and joint ventures. Among other high-profile disputes, he successfully acted as Counsel for the Oriental Republic of Uruguay in Italba Corporation v. Oriental Republic of Uruguay, ICSID (Case No. ARB/16/9) and the Republic of India in Louis Dreyfus Amateurs SAS v. The Republic of India (PCA Case No. 2014-26), in which Foley Hoag obtained full dismissal of the claims and costs awards. The list of clients he represents includes Nicaragua, Qatar, Uruguay, Peru, Panama, Ecuador and India.

Ofilio publishes and speaks regularly on issues of public international law and international dispute settlement. He has taught public international law at Tufts University and the law of armed conflict at the Harvard Humanitarian Initiative (HHI). In 2008, he interned at the United Nations’ Office of Legal Affairs (OLA).

Dual-qualified in Nicaragua and New York, he holds degrees in public international law, diplomacy, common law and civil law from the Fletcher School of Law and Diplomacy (Medford, Massachusetts), the University of Michigan (Ann Arbor), and American University (Nicaragua).

Before joining Foley Hoag, Ofilio was a Legal Associate in the Program on Humanitarian Policy and Conflict Research at Harvard University (HPCR). In this capacity, he conducted research in international humanitarian law and advised international NGOs on issues related to the protection of civilians in times of armed conflict.

Ofilio also worked in one of the largest law firms in Central America, where he represented individuals and foreign companies in disputes before the Nicaraguan Supreme Court, the Central American Court of Justice, the Inter-American Commission on Human Rights and several Arbitral Institutions in the region.

Related Industries

Sovereign States

Related Practices

Education

University of Michigan Law School, 2010
Tufts University The Fletcher School of Law and Diplomacy, 2009
Universidad Americana School of Law, magna cum laude, 2006

Bar and Court Admissions

BAR ADMISSIONS

New York
Nicaragua

Languages

Spanish

Experience Overview

LITIGATION BEFORE THE INTERNATIONAL COURT OF JUSTICE

Bahrain, Egypt, Saudi Arabia, UAE v. Qatar (Appeal under the Chicago Convention): Represented Qatar in an ICJ litigation concerning international aviation law
Bahrain, Egypt, UAE v. Qatar (Appeal under IASTA): Represented Qatar in an ICJ litigation concerning international aviation law
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. UAE). Represented the State of Qatar in this proceeding before the International Court of Justice arising from breaches of the ICERD by the UAE
Case Concerning Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica). Represented Nicaragua in a dispute against Costa Rica before the ICJ regarding environmental and other damage suffered by Nicaragua as a result of Costa Rica’s construction of a road along the southern bank of the San Juan River and other irresponsible land use
Case Concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua). Represented Nicaragua in a dispute bought before the ICJ by Costa Rica regarding issues of territorial sovereignty and alleged breaches of environmental law in relation to Nicaragua’s environmental permitting and execution of a project to dredge the lower stretches of the San Juan River to ensure its navigability by small vessels

INVESTOR-STATE TREATY ARBITRATION CASES

Bacilio Amorrortu v. Republic of Peru. Represents 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
Louis Dreyfus Armateurs SAS v. Republic of India. Counsel to India in a UNCITRAL Arbitration under the France-India bilateral investment treaty arising from a contract concerning the supply and operation of cargo handling equipment
Italba Corporation v. Oriental Republic of Uruguay. Counsel to Uruguay in an ICSID arbitration under the US - Uruguay bilateral investment treaty concerning the regulation of claimant’s telecommunications permit
MAESSA (Consorcio GLP) – Mantenimientos, Ayuda a la Explotación y Servicios S.A. Sociedad Española de Montajes Industriales S.A. v. Republic of Ecuador. Represents the Republic of Ecuador in an arbitration under the UNCITRAL rules
Sacyr S.A. v. The Republic of Panama. Represents the Republic of Panama in a treaty arbitration initiated by Sacyr S.A., a Spanish entity, under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL), relating to the Panama Canal expansion
Rusoro Mining Limited v. The Bolivarian Republic of Venezuela. Represented Venezuela in a US$3.03 Billion claim brought by a Canadian gold mining company in an ICSID Additional Facility arbitration concerning the nationalization of the company's assets
Merck Sharp & Dohme (I.A.) v. The Republic of Ecuador. Represented the Republic of Ecuador in an UNCITRAL arbitration under the Ecuador - U.S. bilateral investment treaty arising from the alleged treatment of a foreign investor by the Ecuadorean judiciary
Murphy Exploration & Production Company-International v. The Republic of Ecuador. Represented the Republic of Ecuador in an UNCITRAL arbitration under the Ecuador – U.S. bilateral investment treaty arising from changes in domestic legislation pertaining to the exploitation of oil resources in Ecuador
Valores Mundiales, S.L. and Consorcio Andino, S.L. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/13/11. Represented Venezuela in an ICSID arbitration concerning regulations in the food production sector

INTERNATIONAL COMMERCIAL ARBITRATION

Metro de Lima Línea 2 S.A. v. Republic of Peru (ICSID Case No. ARB/17/3). Represented Peru in an ICSID arbitration arising out of a concession contract for the construction of line 2 of Metro de Lima.
Represents a Central American State in ad hoc construction arbitration under UNCITRAL Rules related to the construction of a 40km highway
Represents a Nicaraguan company in ICC arbitration proceedings against a Colombian company related to corporate matters in the energy sector
Represents a Nicaraguan agricultural company in ICC arbitration proceedings against Nicaraguan, Panamanian and Colombian companies related to the mismanagement of cane sugar plantations

INTERNATIONAL ADVISORY MATTERS

Advised a Latin American nation on the renegotiation of its bilateral investment treaties
Advised an International Humanitarian Organization on the protection of hospitals in armed conflicts

PROFESSIONAL EXPERIENCE

Guest Lecturer, Harvard Humanitarian Initiative (2012- 2016)
Interned in the United Nations Office of Legal Affairs (2008)
Teaching Fellow in International Law, Tufts University Political Science Department (2008-2009)
Lecturer in International Arbitration, Universidad Americana (2010-2011)

Publications Overview

"Arbitrating War: Military Necessity as a Defense to the Breach of Investment Treaty Obligations," Harvard Program on Humanitarian Policy and Conflict Research, Policy Brief, August 2013
“Occupants Beware of BITs: Applicability of Investment Treaties to Occupied Territories,” Palestine Yearbook of International Law, Volume 19 (2016), Issue 1, pp 136 – 176

Honors & Involvement Overview

HONORS

Legal500 – Latin America – International Arbitration – Rising Stars 2021
Law360 – Rising Stars 2021 recognition in International Arbitration
Latinvex 2021 – Top 25 Rising Legal Stars in Latin America
Merit Award in International Commercial Arbitration, University of Michigan Law School, Ann Arbor, Spring Semester, 2010
Grotius Scholar, University of Michigan Law School, Ann Arbor, 2009-2010
The Fletcher School Board of Overseers Scholar, Tufts University, 2007-2009
Becario Líder, Fundación Carolina and Banco Santander Fellowship, Spain-Portugal 2006

INVOLVEMENT

Arbitrator, Nicaraguan Mediation & Arbitration Center
American Society of International Law

Speaking Engagements Overview

Moderator, “Environmental Protection before International Courts and Tribunals: Challenges and Opportunities”, 2019 International Law Weekend, New York City, October 11, 2019
Panelist, “Arbitrabilidad de la contratación pública y en el derecho societario: Desafíos y panorama,” ICC Young Arbitrators Forum (YAF), Tegucigalpa, Honduras, September 26, 2019
Panelist, “Arbitraje Comercial y de Inversión,” XIII Congreso Internacional de Arbitraje, Lima, Perú, September 11-13, 2019
Panelist, “Wars without Prisoners: Denying Quarter in the Age of Drone Warfare,” American Society of International Law Research Forum, Midyear Meeting, Los Angeles, California, November 8-10, 2018
Panelist, Colloquium on "International Investment Law & the Law of Armed Conflict" (Arbitration of Disputes under State Contracts in Times of Belligerent Occupation), Athens, Greece, October 2017
Panelist, “Analysis of a Construction Arbitration Dispute: Challenges derived from Corruption Allegations,” ICC Young Arbitrators Forum (YAF), Bogotá, Colombia, March 8, 2017
Guest Speaker, “International Law and the War in Syria,” The Fletcher School of Law and Diplomacy (Medford, MA) November 2016
Panelist, International Law of the Everyday: Fieldwork, Friction, and Fairness, 24th Annual Conference of the Australian and New Zealand Society of International Law (ANZSIL), Australian National University College of Law, Canberra, Australia, 30 June - 2 July, 2016
Panelist, The Legality of Foreign Investments under Bilateral Investment Treaties, IV Central American Arbitration Centers Convention, Managua, Nicaragua, 27-28 November, 2014
Guest speaker, The ICJ's decision in the Nicaragua v. Colombia maritime delimitation dispute, Universidad del Azuay, Ecuador, 2012
Guest speaker, Legal aspects of conflict over San Juan river of Nicaragua, Universidad del Azuay, Ecuador, 2010