Nilo Donoso

Pablo Nilo Donoso

International Associate
Washington, DC

I help sovereign States to develop pragmatic defense strategies as they navigate legal and regulatory challenges.

Pablo Nilo Donoso is a member of the International Litigation & Arbitration practice. He represents sovereign States in international investment and commercial disputes and advises them on public international law in general. 

Pablo has represented sovereign States, State-owned entities in legal proceedings before the world’s principal dispute resolution bodies, including 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 port infrastructure, airport concessions, agricultural contracts, oil and gas, public transportation and highway concessions, among others.

Furthermore, Pablo has significant experience in the public sector, having previously worked as a legal advisor of the Republic of Chile at the Program for the Defense of the State in International Investment Arbitration. In that capacity, he worked for the State’s defense in all investment arbitration cases involving the Republic of Chile, as well as in amicable consultations with foreign investors under bilateral investment treaties and free trade agreements. He also participated in the ICSID Rules and Regulations Amendment Process, the UNCITRAL Working Group III negotiations on the reform of the Investor-State Dispute Settlement System, the UNCITRAL Working Group II on international arbitration, and the investment chapter’s bilateral negotiations for the update of the Cooperation Agreement between Chile and the European Union.

Previously he served at the Services, Investment and Air Transport Division at the Vice-Ministry of International Economic Affairs of Chile, where he was involved in several multilateral and bilateral negotiations of investment chapters, investment agreements and services agreements. He also represented Chile in negotiations before the WTO, UNCITRAL, USAN and APEC.

Pablo was a teaching assistant of Public International Law at the Universidad Diego Portales in Chile and has been invited to teach on international law subjects at different Latin American universities. He has participated as a speaker in several conferences on international investment law and has published on this topic. He is the author of "Responsibility in the Antarctic Treaty System," which was awarded by the Chilean International Law Society as the best thesis in International Law submitted between 2010 and 2012 within Chilean universities. His LL.M thesis, which discussed the legal implications of Carbon Capture and Sequestration, was awarded the best of his class and was published in the Max Planck Yearbook of United Nations Law.

Education

  • Stanford Law School, JSM (candidate), 2024
  • Heidelberg Universität, LL.M., 2013
  • Universidad de Chile, J.D. equivalent, 2012

Bar and Court Admissions

BAR ADMISSIONS

  • Chile

Languages

  • Spanish
  • German
  • French

Experience

  • Chevron Corporation (U.S.A.) 2. Texaco Petroleum Company (U.S.A.) v. The Republic of Ecuador. Counsel to Ecuador in the damages phase of the investment arbitration involving BIT claims arising from a massive environmental litigation in Ecuador against Chevron.
  • APM Terminals Callao S.A. v. Republic of Peru (ICSID Case No. ARB/21/28). Representing the Republic of Peru in an ICSID arbitration arising from a concession contract for the design, construction, financing, maintenance and operation of the Multipurpose North Terminal of the Callao Port Terminal. The claimant claims more than US$ 75.5 million.
  • 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.
  • Representation of a Latin American State in an investment dispute in the waste management industry.
  • Representation of a Latin American Municipality in a road concession dispute.
  • Representation of two Latin American companies in the agro industry in two parallel commercial arbitrations (ICC arbitration).
  • ADP International S.A. and Vinci Airports S.A.S. v. Republic of Chile (ICSID Case No. ARB/21/40). Representation of the Republic of Chile in a dispute related to an airport concession.
  • Carlos Rios and Francisco Javier Rios v. Republic of Chile (ICSID Case No. ARB/17/16). Representation of the Republic of Chile in a dispute related to public transport concessions.*
  • Victor Pey Casado and President Allende Foundation v. Republic of Chile, ICSID Case No. ARB/98/2.*
  • President Allende Foundation, Victor Pey Casado and Coral Pey Grebe v. Republic of Chile, PCA Case No. 2017-30.*
AMICABLE CONSULTATIONS
  • Represented the Republic of Chile in amicable consultations with a Latin American company in the electricity sector.*
  • Represented the Republic of Chile in amicable consultations with a European company in the energy sector.*
  • Represented the Republic of Chile in amicable consultations with European companies in the air transport sector.*
*These matters were handled prior to joining Foley Hoag


PROFESSIONAL EXPERIENCE
  • Legal Advisor, Program for the Defense of the State in International Investment Arbitration, Vice-Ministry of International Economic Affairs, 2018-2021
  • Legal Advisor, Services, Investment and Air Transport Division, Vice-Ministry of International Economic Affairs, 2015-2018
  • Teaching assistant of Public International Law, Universidad Diego Portales, Chile, 2016-2018
  • Legal Intern, International Tribunal for the Law of the Sea, Hamburg, Germany, 2014-2015
  • Legal Intern, International Bar Association Human Rights Institute, London, UK, 2014
  • Legal Intern, Chilean Mission to the World Trade Organization, Geneva, Switzerland, 2013
  • Research assistant of WTO Law, Heidelberg Center for Latin America, Chile
  • Legal Intern, Anglo American, Chile, 2013

Publications

  • International Investment Law in Chile: Recent Developments in Times of Reform (Chapter of a Book on International Investment Law to be published by Springer in 2022)
  • Discrimination in Fair and Equitable Treatment. Jus Mundi, Wikinote, July 2020
  • Crisis de legitimidad en el arbitraje inversionista-Estado: ¿apariencia o realidad? Achmea, CNUDMI y UNASUR como distintos caminos con rumbo común (Legitimacy crisis in investor-State Arbitration: appearance or reality? Achmea, UNCITRAL and UNASUR as different paths towards a common goal) Anuario de Derecho Público, Universidad Diego Portales, pp. 227-255, January 2019
  • Implicancias para la solución de controversias inversionista-Estado a raíz de la sentencia del caso Achmea (Implications for the resolution of investor-State disputes following the judgment of the Achmea case). Revista Tribuna Internacional, 7 (14), DOI: 10.5354/0719-482X.2018.51106, December 2018
  • Interpreting the concept of the obligation to negotiate: beyond an international dispute settlement mechanism, International Tribunal for the Law of the Sea, Hamburg, Germany, December 2014
  • Carbon Sequestration and Storage: Legal Implications of a Possible Solution to Reduce Carbon Dioxide Emissions in the Mining Industry, Max Planck Yearbook of United Nations Law, Volume 17, Issue 1, 2013. ISSN: 1389-4633; pp. 305-385
  • Incorporación de la Captura y Almacenamiento de Dióxido de Carbono a los Tratados Internacionales (Capture Capture and Storage and its incorporation to International Treaties), Visiones Internacionales, Nº 13 – year 2, June 2013
  • Almacenamiento Geológico de Dióxido de Carbono y Derecho Internacional (Carbon Capture and Storage and International Law), El Mercurio Legal, May 2013
  • La Responsabilidad Internacional en el Marco del Tratado Antártico (International Responsibility in the Framework of the Antarctic Treaty System), Universidad de Chile, June 2012

Honors & Involvement

HONORS
  • 2021 Chevening scholarship to pursue a master in law (Magister Juris) at Oxford University
  • Geneva Center for International Dispute Settlement – Latin American Int. Arbitration Course, scholarship, 2020
  • Xiamen Academy of International Law Scholarship, China, 2019
  • WTO scholarship to attend “Advanced course on trade in services in the framework of GATS”, Geneva, 2017
  • Scholarship to attend “Executive Training on Investment Treaties and Arbitration for Government Officials”, Columbia Center on Sustainable Investment. New York, 2016
  • Hague Academy Scholar, Public International Law Summer Course of the Hague Academy of International Law, Hague Academy of International Law, 2015
  • Trust Fund for the Law of the Sea, Scholarship, International Tribunal for the Law of the Sea, Hamburg, Germany, 2014
  • Organization of American States Scholar, Dispute Settlement in International Law. Rio de Janeiro, Brazil, 2014
  • International Bar Association Educational Trust Scholarship, London, United Kingdom, 2014
  • Max Planck Institute for Comparative Public Law and International Law: Best Master Thesis on International Law of the LL.M Program, 2013
  • Chilean Society of International Law: best thesis on international law submitted between 2010 and 2012 within Chilean universities, 2012
  • Baden Württemberg Stipendium (scholarship to pursue undergraduate studies at Heidelberg University, Germany), 2008 and 2009
INVOLVEMENT
  • Human Rights Office, Ministry of Justice, Chile: Provided part-time legal counsel on pro bono basis. Represented sponsored clients before the Court of Appeals who could not afford a private lawyer in cases where fundamental rights such as the right to life, the protection of the physical integrity and freedom were at issue (professional practice required to be admitted as a lawyer in Chile)

Speaking Engagements

  • Panelist, ITLOS Alumi Conversations (July 2022)
  • Panelist, Columbia Center for Sustainable Investment Workshop on Dispute Prevention Mechanisms (March 2021)
  • Panelist, La protección jurídica de los Estados a los inversionistas extranjeros desde la perspectiva chilena (State legal protection to foreign investor from a Chilean perspective). Review of 2019 investment arbitration awards. Universidad Autónoma, Chile (June 2020)
  • Panelist, Crisis de legitimidad del actual sistema de solución de controversias inversionista-Estado: aspectos y consecuencias políticas de la decisión C-284/16 de 6 de marzo de 2018 de la Corte Europea de Justicia. Una aproximación latinoamericana, desde las Constituciones Políticas de Ecuador y Bolivia (Legitimacy crisis of the current investor-State dispute settlement system: aspects and political consequences of C-284/16 ECJ Decision. A Latinamerican approach from the Ecuadorian and Bolivian Constitutions). VIII International Law Colloquium, Universidad de la Frontera, Chile, (May 31 and June 1, 2018)
  • Panelist, Laudos en Bilcon y Mesa: Distintas apreciaciones del nivel mínimo de trato (Bilcon and Mesa Awards: different appreciations of the minimum standard of treatment). VII International Law Colloquium, Universidad Diego Portales, Chile. (September 2017)
  • Panelist, Trade in services in the Pacific Alliance, Ho Chi Minh, Vietnam (August 2017)
  • Panelist, Chilean Experience at Trade in Services and Investment Negotiations, Georgetown, Guyana (April 2017)
  • Panelist, Chilean experience listing investment and services commitments in negative lists, Seoul, Korea (July 2016)