Senior Associate

Pablo Jaroslavsky

Overview

Pablo has extensive experience in international arbitration both in commercial and investment treaty disputes, with a particular emphasis in the telecommunications, energy and natural resources sectors. He has represented clients in arbitrations under the rules of the ICC, ICSID, ICSID (Additional Facility) and UNCITRAL. He has been recognized by Who’s Who Legal 2021 as a “Future Leader” in international arbitration.

Pablo teaches investment arbitration at the University of Buenos Aires and is a frequent participant in conferences on arbitration. He is a founding member of Argentina Young Arbitration Practitioners (AYAP) and was part of the three-member team that won in 2014 the first edition of the Young Arbitrators Match (YAM) on the drafting of arbitral awards. He is an ICC YAF Representative for Latin America (2021-2023).

Experience

  • Representing The Lopez-Goyne Family Trust and others in an ICSID arbitration 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 Serafín García Armas and Karina García Gruber in an UNCITRAL arbitration against Venezuela (PCA Case No. 2013-3) under the Spain-Venezuela BIT. Claim related to measures taken by Venezuela that affected the claimants’ investments in the food distribution sector. The arbitral tribunal rendered an award of around US$360 million in favour of the investors.
  • 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 Diamante Trading Investments Ltd. and others in an UNCITRAL arbitration against Venezuela (PCA Case No. 2019-49) under the Barbados-Venezuela and Spain-Venezuela BITs. Claim related to measures taken by Venezuela that affected the claimants’ investments in the food distribution sector. The amount in dispute is over US$100 million. The arbitration is ongoing.
  • Representing an Argentine State-owned entity in an ICC arbitration against a German company concerning disputes related to a contract for the sale of uranium (Swiss law). The amount in dispute was over US$65 million. The arbitral tribunal ruled in favour of our client in the jurisdictional stage and all claims against our client were dismissed with full costs.
  • Representing a Hong Kong company in eight parallel ICC arbitrations against a Latin American State-owned oil company concerning disputes related to the breach of several international sales contracts (Dutch law). The amount in dispute is approximately US$50 million. The arbitration is ongoing.
  • Representing a Panamanian company in two parallel ICC arbitrations against a Latin American State-owned oil company concerning disputes related to the breach of several international sales contracts (Dutch law). The amount in dispute is approximately US$35 million. The arbitration is ongoing.

Publications

  • Fair and Equitable Treatment under BITs with Argentina in Arbitration in Argentina, Kluwer Law International, 2021, co-authored with Jean Paul Dechamps.
  • Amici Curiae in investment arbitration, JusMundi, September 2020, co-authored with Juan Pablo Blasco.
  • The Chevron Saga: The Denial of Justice Standard Under the Fair and Equitable Treatment and Customary International Law, European Investment Law and Arbitration Review, Vol. 4, Issue. 1, 2019, co-authored with Florencia Wajnman.
  • Impecuniosity and Third-Party Funding in International Arbitration, Young Arbitration Review (YAR), Year 6, Edition 25 2017.
  • The French Conception of the Arbitration Agreement, 20 VJ (1), 49-60, 2016.
  • The decision of the Munich Higher Court in the Pechstein case: New tendencies in Sports Arbitration?, Revista del Derecho del Deporte, Nº 12, IJ-XCVII-969, 2016.
  • Damages for the breach of an arbitration agreement: is it a viable remedy?, available at SSRN, 2015.
  • State Courts Cooperation in International Arbitration: Interim Measures, Latin American Journal of International Trade Law, Mexico, Volume 1, 2013, co-authored with Ezequiel H. Vetulli.
  • La Inconsistencia en los Arbitrajes CIADI, La Ley, Buenos Aires, 2012, co-authored with Ezequiel H. Vetulli.