Mayorga

Ofilio Mayorga

Partner
Washington, DC
Ofilio Mayorga's practice focuses on public international law litigation, investment treaty arbitration and international commercial arbitration. He represents sovereign States 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 state-owned enterprises and private companies in numerous investment and commercial arbitrations conducted under the ICSID, UNCITRAL, AAA/ICDR and ICC Rules, in disputes involving mining, oil and gas, renewable energy, telecommunications, infrastructure & construction, maritime, civil aviation, distribution agreements and joint ventures.  He has received important recognitions for his career in international arbitration including Rising Star - International Arbitration by Law360, Future Leader - International Arbitration by Lexology (formerly Who's Who Legal) and Next Generation Partner - International Arbitration by Legal 500 Latin America. The list of clients he has represented includes the Dominican Republic, Qatar, Ghana, Chile, Uruguay, Peru, Panama, Ecuador, Venezuela, 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).

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 international corporations 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.

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
  • ICC Advanced Academy on International Arbitration (2024)

Bar and Court Admissions

BAR ADMISSIONS
  • New York
  • District of Columbia
  • Nicaragua

Languages

  • Spanish

Experience Overview

LITIGATION BEFORE THE INTERNATIONAL COURT OF JUSTICE
  • Lithuania v. Belarus (Migrant Smuggling): Counsel to Lithuania in an ICJ litigation concerning the smuggling of migrants.
  • 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
  • Olayan Financing Company (Kingdom of Saudi Arabia) v The State of Qatar. Counsel to Qatar in an UNCITRAL arbitration under the OIC Investment Agreement concerning a private real estate dispute
  • NC Telecom and WOM v. Chile. Counsel to Chile in ICSID arbitration concerning telecom project
  • Yves Martine Garnier v. Dominican Republic. Represents the Dominican Republic in an UNCITRAL arbitration initiated by a French national under the Dominican Republic-France BIT concerning a waste management concession.
  • Bacilio Amorrortu v. Republic of Peru (II). Represents the Republic of Peru in a second UNCITRAL arbitration initiated by Mr. Bacilio Amorrortu for alleged violations of the Peru-United States Trade Promotion Agreement.
  • Telefónica S.A. v. Republic of Peru. Represents the Republic of Peru in an arbitration initiated by the Spanish telecommunications company Telefónica for alleged violations of the Bilateral Investment Treaty between Spain and Peru related to the application of taxes in Peru.
  • Sacyr v. Panama. Successfully Panama in an investment treaty arbitration initiated by construction company Sacyr in connection with the expansion of the Panama canal. 
  • Bacilio Amorrortu v. Republic of Peru. Successfully represented 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. Successfully represented 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. Successfully represented 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
  • 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
  • Represents Ghana in a mining arbitration under Ghana’s Arbitration Act concerning the non-renewal of a mining license
  • Represents a Guatemalan individual in an AAA/ICDR arbitration against a German carmaker in connection with a distribution and agency agreement
  • 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.
  • Successfully represented a Central American State in ad hoc construction arbitration under UNCITRAL Rules relating to the termination of an FDIC contract for the construction of a 40 km highway
  • Represented a Nicaraguan company in ICC arbitration proceedings against a Colombian company related to corporate matters in the energy sector (settled)
  • Represented a Nicaraguan agricultural company in ICC arbitration proceedings against Nicaraguan, Panamanian and Colombian companies related to the mismanagement of cane sugar plantations (settled)
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)

Other Publications

  • "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
  • Future Leader, Lexology (formerly Who’s Who Legal), International Arbitration 2024, 2025, 2026-2025
  • Legal 500 – Latin America – International Arbitration – Next Generation Partner, 2024, 2025, 2026
  • Legal500 – Latin America – International Arbitration – Rising Stars 2022, 2023
  • 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
  • Member of Academic Council, Asociación Latinoamericana de Arbitraje
  • American Society of International Law

Events

Sovereign & States Litigation Summit USA Page
Speaking Engagement 09/24/2025
Ethics in Business LATAM 2025 Page
Sponsorship 02/06/2025
ICC Miami Conference 2024 Page
Sponsorship 12/02/2024
ALARB Magazine Conference Page
Speaking Engagement 10/18/2024

Speaking Engagements Overview

  • Panelist, “Third Party Funding in International Arbitration”, Conferencia sobre Arbitraje Internacional de Inversion y Comercial, Ministerio de Industria, Comercio y Mipymes de República Dominicana, Santo Domingo, República Dominicana (November 2025)
  • Panelist, “Sovereign & States Litigation in a Multi-Polar World – Charting The Future,” Sovereign & States Litigation Summit USA (24 September 2025)
  • Panelist, “Sanctions in International Commercial Arbitration”,  12vas Jornadas Internacionales de Arbitraje, Santa Cruz, Bolivia (February 2025)
  • Panelist, “Recognition and enforcement of provisional measures ordered by arbitral tribunals in international arbitrations in Latin America, ” ALARB Magazine Conference (18 October 2024)
  • Panelist, GIAC Arbitration Days, Tbilisi, Georgia (13 October 2023) (“Disputes / Arbitration in Armed Conflicts: New Global and Regional Developments”). 
  • Panelist, American Society of International, the 2023 Annual Meeting, Washington D.C. (30 March 2023) (“The OAS and the Nicaragua crisis”).
  • 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