Overview

Marcos has experience in international arbitration both in commercial and investment treaty disputes, with a particular emphasis in the telecommunications and energy sectors. He has participated in arbitrations under the rules of the ICC, ICSID, ICSID (Additional Facility) and UNCITRAL.

Before joining Dechamps Law, he worked as an associate in the dispute resolution and international arbitration department in the Buenos Aires office of a global law firm. He previously worked in the dispute resolution department of a leading Argentine law firm.

In the academic field, he teaches an international arbitration course at the University of Buenos Aires and coaches its team for the Willem C. Vis International Commercial Arbitration Moot.

Experience

  • Representing South32 SA Investments Limited in an ICSID arbitration against Colombia (ICSID Case No. ARB/20/9) under the Colombia-United Kingdom BIT. Claim related to measures taken by various administrative and judicial entities in Colombia that affected the claimant’s investments in a mining project. The amount in dispute is over US$300 million. The arbitration is ongoing.
  • Representing The Lopez-Goyne Family Trust and others in an ICSID arbitration ongoing against Nicaragua (ICSID Case No. ARB/17/44) under the DR-CAFTA. Claim related to measures taken by Nicaragua that affected the claimants’ rights under an oil concession agreement. The amount in dispute is confidential. The arbitration is ongoing.
  • Representing Luis García Armas in an ICSID arbitration against Venezuela (ICSID Case No. ARB(AF)/16/1) under the Spain-Venezuela BIT. Claim related to measures taken by Venezuela that affected the claimant’s investments in the food distribution sector. The amount in dispute is over US$40 million. The arbitration is ongoing.
  • Representing Dick Fernando Abanto Ishivata in an ICSID arbitration against Venezuela (ICSID Case No. ARB(AF)/18/6) under the Peru-Venezuela BIT. Claim related to measures taken by Venezuela that affected the claimant’s internet businesses. The amount in dispute is over US$180 million. The arbitration is ongoing.
  • Representing Fernando Fraiz Trapote in an UNCITRAL arbitration against Venezuela (PCA Case No. 2019-11) under the Spain-Venezuela BIT. Claim related to measures taken by Venezuela that affected the claimant’s investments in the telecommunications, advertising, real estate and education sectors. The amount in dispute is over US$800 million. The arbitration is ongoing.
  • Representing an Argentine company in an arbitration under the ICC Rules against a Dutch company concerning disputes related to fraudulent behaviour within the framework of a share sale and purchase agreement (New York law). The arbitration is ongoing.
  • Representing two British Virgin Islands companies with investments in the mining sector in an ICC arbitration against a Latin American State. The claim is based on an investment protection agreement and concerns disputes related to several measures taken by the State which affected the claimants’ investments pursuant to the mining contracts underlying a mining project (local law and International Law principles). The amount in dispute exceeds US$300 million. The arbitration is ongoing.
  • Representing a Qatari consulting company in an ICC arbitration against a Qatari construction company concerning disputes related to a consulting contract (Qatari law). The amount in dispute is approximately US$3.5 million. The arbitration is ongoing.

Publications

  • Revision of ICSID Awards, JusMundi, September 2020, co-authored with Juan Ignacio González Mayer.
  • Argentina Chapter, in The Baker McKenzie International Arbitration Yearbook 2018-2019, 12th Edition, 2019, co-authored with Luis Dates.
  • Argentine Supreme Court supports restricted review of arbitral awards, Global Arbitration News, 2018, co-authored with Luis Dates.
  • Law 27.499: a step forward in Commercial International Arbitration, Abogados.com, 2018, co-authored with Juan Faraoni.