GBS Disputes

Pilar is or was part of the team advising and/or representing:

• Subsidiaries of a Gulf sovereign wealth fund in two ICC arbitrations in Switzerland initiated against related companies of a European real estate investment group and its ultimate beneficial owner. The dispute arises from the breach of various finance agreements. Over EUR 700 million is at stake. The law of the Respondents’ State of nationality applies.
• The Republic of Peru, Respondent in an ICSID arbitration initiated by Bank of Nova Scotia (ICSID Case No. ARB/22/30), concerning a nearly 15-year long tax dispute relating to a tax claim by Peru’s tax authority. The claims are brought under the Canada-Peru Free Trade Agreement. Peru filed an application under ICSID Arbitration Rule 41, arguing that the Bank of Nova Scotia’s claims were manifestly without legal merit. The majority of the Arbitral Tribunal upheld most of these objections and dismissed the Bank of Nova Scotia’s claims for expropriation and violation of the minimum standard of treatment. The arbitration proceeding will continue only in relation to the Bank of Nova Scotia’s national treatment claims..
• The Republic of Colombia, Respondent in an ICSID arbitration brought by Angel Samuel Seda and others (ICSID Case No. ARB/19/6). The dispute arose from allegations of expropriation of a real estate project seized in application of Colombia’s asset forfeiture law, and claims in excess of USD 300 million were brought under the 2012 Colombia-U.S. Trade Promotion Agreement (TPA). In a landmark victory for our client, the Tribunal dismissed all claims and found, for the first time in investment arbitration history, that the essential security clause in the TPA invoked by Colombia applied and protected Colombia’s measures designed to fight narcotraffic and money laundering.
• The Republic of Colombia, Respondent in an ICSID arbitration brought by engineering company CB&I UK (ICSID Case No. ARB/22/11). The dispute related to a refinery expansion project and the claims were brought under the Colombia-U.K. bilateral investment treaty.
• A leading Central American energy generator company in an ICDR arbitration in New York against another Central American company, regarding contractual breaches under a PPA and allegations of Force Majeure, Impossibility and Frustration of Purpose. New York law applies.
• A Latin American aviation consultancy firm, Claimant in two ICC arbitrations initiated against European aircraft manufacturers. The disputes related to unpaid invoices and the damages arising from the termination of agency contracts.
• A leading European energy group in a UNCITRAL arbitration against the Kingdom of Spain under the Energy Charter Treaty. The dispute related to measures taken by Spain in the renewable energy sector.

Pro bono

• Advising and representing Uruguay before the International Court of Justice (“ICJ”) in the proceedings to request the issuance of an advisory opinion on States’ obligations in relation to climate change, under Article 65 of the Statute of the ICJ.
• Amicus Curiae Brief before the Superior Court of Québec in the matter of Hypertec Real Estate Inc. v. Equinix Canada Ltd. (appointed by the Court in a setting aside proceedings). The Amicus Curiae Brief addressed (i) the concept of party consent as a fundamental tenet of international arbitration; (ii) an arbitral tribunal’s mandate to resolve disputes specifically referred to it for its determination, including the submission of additional claims and defences throughout the arbitration proceedings; and (iii) the functus officio doctrine.

Education

• University of Montevideo, Uruguay, Law degree (medal for academic achievement)

Admissions & Courts

• Uruguay

Languages

• Spanish
• English

Nationality

• Uruguayan

• List of Arbitrators, Centre for Conciliation and Arbitration of the Uruguayan Chamber of Commerce and Services

Teachings

• Visiting lecturer (Introduction to Investment Arbitration), University of Montevideo, Diploma in Arbitration
• Visiting lecturer (Introduction to Investment Arbitration), University of Montevideo, Master’s Degree in Procedural Law
• Coach for the team of the University of Montevideo participating in the Willem C. Vis Moot competition of international commercial arbitration

• “Arbitraje y corrupción en Latinoamérica: un análisis de la jurisprudencia arbitral a la luz de la doctrina del profesor Emmanuel Gaillard,” Principia – Revista del Centro de Investigación y Estudios para la Resolución de Controversias de la Universidad Monteávila No. 8, at 115 (2023) (co-author)
• “La relevancia de la sede arbitral en el arbitraje de inversión,” in Estudios sobre la sede y el ordenamiento aplicable al fondo del litigio en el arbitraje internacional 73 (2021)
• “Arbitration 2021: Year in Review. Latin American perspective,” Jus Mundi (2021), at 22 (co-author)

• 19th Annual ICDR Y&I Coffee House Debate, Vienna (March 2024)
• “The evolution of ICSID: Regulatory aspects and problems in light of practice,” Online conference in celebration of the first 100 volumes of the Biblioteca de Arbitraje del Estudio Mario Castillo Freyre (May, 2022)
• “International Arbitration in Latin America: The State of Play,” Webinar hosted by the Arbitration Center of the CAM-CCBC in partnership with the Columbia International Arbitration Association (March, 2022)