Antonio Delgado | Fieldfisher
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Professional background

Professional background

I am a partner in the International Arbitration team. With more than 20 years of experience, I advise clients on commercial arbitrations and investor–state disputes under investment treaties, governed by Spanish, foreign and public international law. I have been involved, among others, in proceedings applying English, Swedish, Argentine, Philippine and Guatemalan law, as well as principles of the lex mercatoria.

My practice is distinctly international. In addition to being admitted to the Spanish Bar, I am a solicitor qualified to practise in England and Wales, and I have worked for several years in London. I am fluent in Spanish, English and French.

In recent years, I have specialised in investment arbitration under the Energy Charter Treaty, representing German, Swiss, Luxembourgish, British and Japanese investors in claims arising from damages to renewable energy projects. Several of the proceedings in which I have participated resulted in awards recognising investors’ entitlement to multi-million compensation and, notably, declaring the international unlawfulness of the harm suffered by their investments, even where such measures had been deemed valid at the domestic level by national courts. Notable ICSID cases include:

  • OperaFund Eco-Invest SICAV PLC and Schwab Holding AG v Kingdom of Spain (ICSID Case No. ARB/15/36)
  • JGC Holdings Corporation (formerly JGC Corporation) v Kingdom of Spain (ICSID Case No. ARB/15/27)
  • BayWa r.e. AG v Kingdom of Spain (ICSID Case No. ARB/15/16)
  • RENERGY S.à r.l. v Kingdom of Spain (ICSID Case No. ARB/14/18)
  • InfraRed Environmental Infrastructure GP Limited and others v Kingdom of Spain (ICSID Case No. ARB/14/12)

Throughout my career, I have been part of arbitration teams at leading Spanish and international law firms, and I have also worked within the teams of some of the most renowned international arbitrators. I also served for a brief period as a member of the LCIA Court. This combination of perspectives—from private practice as counsel and from the institutional and arbitral environment—has enabled me to develop a strong specialisation in international dispute resolution and deepen my expertise in international arbitration.

As a Spanish-speaking lawyer, Latin America is a particular area of focus. In recent years, I have spent extended periods in Costa Rica, focusing on the resolution of commercial and investment disputes in Central America.

Education

Education

Law Society (England & Wales), 2013

In 2013, I completed the Qualified Lawyers Transfer Scheme (QLTS) and was admitted as a solicitor in England and Wales.

LL.M., McGill University, 2007-2008

I obtained an LL.M. from McGill University (Montreal, Canada), with a focus on international dispute resolution.

ICAM (Madrid), 2005

I was admitted to the Madrid Bar Association in 2005.

Law Degree (LL.B.), Universidad Carlos III / UCL (1999–2004)

I obtained my law degree from Universidad Carlos III of Madrid, including a year of study at University College London (UCL) in London (2002/2003).

Notable deals

Notable deals

Delays and defects in the construction of a fatty alcohol plant in Rotterdam and a sulphuric acid plant in Bilbao

Counsel to an Italian engineering company against a Dutch subcontractor and a Spanish contractor in two separate construction arbitrations arising out of delays and defects in the construction of a fatty alcohol plant in Rotterdam and a sulphuric acid plant in Bilbao. Legal place, Geneva.

ICSID Case No. ARB/14/18

ICSID Case No. ARB/14/18. Renergy S.à r.l. v. Kindgom of Spain. Leading counsel for the investor.

ICSID Case No. ARB/15/16

ICSID Case No. ARB/15/16. BayWa r.e. GmbH y Baywa r.e. Asset Holding GmbH v. Kingdom of Spain. Leading counsel for the investors.

ICSID Case No. ARB/15/27

ICSID Case No. ARB/15/27. JGC Corporation v. Kingdom of Spain. Leading counsel for the investors.

ICSID Case No. ARB/22/12

ICSID Case No. ARB/22/12. WOC Photovoltaik Portfolio GmbH & Co. KG and others v. Kingdom of Spain. Leading counsel for the investor.

Claim against a Central American state

Advising a European investor in a potential investment claim against a Central American state under a BIT.

ICSID Case No. ARB/15/42

ICSID Case No. ARB/15/42. Hydro Energy 1 S.à r.l. e Hydroxana Sweden AB v. Kingdom of Spain. Co- counsel for the investors.

Construction of a gas combined cycle thermal power station

Counsel in a domestic arbitration between two Spanish parties arising out of a contract for the procurement of construction material during the construction of a gas combined cycle thermal power station in Spain.

Counsel to a Spanish distributor against a Swedish multinational

Counsel to a Spanish distributor against a Swedish multinational in a Stockholm Chamber of Commerce arbitration subject to Swedish law, arising out of a distributorship contract for the distribution of wheelchairs in Spain. Legal place, Stockholm.

ICSID Case No. ARB/15/36

ICSID Case No. ARB/15/36. OperaFund Eco-Invest SICAV PLC and Schwab Holding AG v. Kingdom of Spain. Leading counsel for the investors.

Awards & recognition

Awards & recognition