Agustín Spotorno

Commercial arbitration 7 matters

• A multi-billion euro arbitration under the DIFC-LCIA Rules (Dubai seat, English governing law) arising out of a shareholders' agreement, in connection with a claim brought by the subsidiary of one of the world's leading online food delivery groups.
• An Amsterdam-seated ICC arbitration and subsequent litigation brought by a pharmaceutical company over manufacture and supply obligations and the transfer of intellectual property in critical products, under a Dutch law-governed agreement.
• A London-seated ICC arbitration between Dubai-based and Kuwaiti oil and gas companies, parties to an English law-governed joint venture for an oil block in Iraq, over the allocation of an outgoing partner's participating interests.
• A London-seated LCIA arbitration between two pharmaceutical groups over the sublicensing of intellectual property in a critical cancer treatment system under an English law-governed licence agreement.
• A Singapore-seated arbitration for an online gaming company over a sponsorship and licensing agreement, and mass arbitration proceedings under the AAA-ICDR rules governed by Washington law.
• A dispute for a Nigerian oil and gas corporation arising from the restructuring of an upstream asset and joint venture, including a Request for Mediation under the LCIA Mediation Rules and strategy under a multi-tier clause providing for arbitration.
• An arbitration under the Premier League Rules and the Arbitration Act 1996 before the Managers' Arbitration Tribunal, involving employment and contractual claims, jurisdictional issues and significant reputational sensitivity.

Investor-State and public international law 9 matters

• An expropriation claim for a Canadian gold and copper mining investor against a Central American State; annulment and enforcement proceedings on a multi-million dollar sovereign award for a U.S.-listed mining company; and an Energy Charter Treaty claim for a leading Chinese photovoltaic investor against an EU Member State.
• A dispute involving a NYSE and BASE-listed energy corporation, as co-respondent with a sovereign State, in a multi-jurisdictional, multi-billion dollar claim arising from the State's intervention, temporary occupation and expropriation of 51% of the corporation's capital stock.
• An UNCITRAL arbitration administered by the PCA between a Saudi investor and a Middle Eastern State under the OIC Investment Agreement and a bilateral investment treaty, concerning guaranteed tariffs in a large steel project.
• A bilingual UNCITRAL arbitration administered by the PCA under the investment chapter of a free trade agreement, brought by U.S. investors in a Latin American financial institution affected by government measures during a banking crisis.
• Advice to a sovereign government on public policy defences to the enforcement of a Paris-seated ICC award by third party debt order, with in-person training for that State's counsel on international commercial arbitration and state immunity in oil and gas joint ventures.
• Advice to a major Brazilian electric utility on a contractual and public international law dispute under a bilateral treaty-based concession for the joint construction and operation of a large hydroelectric power station on a shared river.
• An advisory matter on a State-to-State dispute before the ICJ and an UNCLOS tribunal concerning a planned discharge of radioactive water into the ocean.
• Advice to former Afghan judges and human rights activists at risk under Taliban rule, in connection with their relocation and resettlement in the UK under international human rights and refugee law.
• A regulatory and public law dispute arising from an energy infrastructure connection application, involving complaints to NESO and Ofgem, licence conditions and statutory duties, and their interaction with contractual dispute resolution.

Cross-border litigation and enforcement 9 matters

Courts and parallel proceedings: Commercial Court, Chancery Division and the Insolvency and Companies List in London; parallel proceedings in the British Virgin Islands, Delaware, the Netherlands, Spain, the United States and Argentina.

• A multi-million dollar unfair prejudice claim under section 994 of the Companies Act 2006 for a former minority shareholder of Argentina's largest company, securing an interim injunction and a buy-out of the minority stake in the Chancery Division.
• Parallel proceedings in the British Virgin Islands High Court and the Delaware Court of Chancery in support of a multi-jurisdictional LCIA arbitration, obtaining interim injunctive relief for a Middle Eastern client in a billion-dollar Bahamian resort development.
• Cross-border litigation for a leading lithium producer against a major U.S. electric vehicle manufacturer over English law-governed supply agreements, with declaratory relief sought in the Commercial Court.
• A dispute for a specialist growth lender following a leveraged acquisition, involving misrepresentation and warranty claims, financial due diligence failures, directors' duties, wrongful trading and a pre-pack administration.
• An unfair prejudice petition with winding up relief sought in the Insolvency and Companies List, involving exclusion from management, misuse of company assets and quasi-partnership principles.
• A shareholder and fiduciary dispute arising from a private equity investment, with parallel claims under English and Jersey law, urgent interim relief, and issues of restrictive covenants and confidential information.
• The defence of a leading aircraft manufacturer in wrongful death claims spanning Illinois and England, including estate administration and conflicting legal standards.
• Default judgment and enforcement for a commodities client in the nuts trade, including a third party debt order, an enforcement officer and the examination of the debtor before the court.
• An investigation by U.S. regulators into the failure by directors of a financial services company to disclose criminal and regulatory proceedings in annual filings.