Rafael Llano Oddone | White & Case LLP International Law Firm, Global Law Practice
Rafael Llano Oddone
Rafael Llano Oddone

Rafael Llano Oddone

Partner, Mexico City

T +52 55 5540 9646

T +52 55 5540 9600

E rllano@whitecase.com

in LinkedIn profile

A leading lawyer in Latin America and an authority on international arbitration and litigation.

Overview

Rafael Llano Oddone is a seasoned international arbitrator and litigator who has led many of the Firm's most high profile disputes in Latin America in recent years.

As head of White & Case's arbitration practice in Mexico City, clients value his track record in large-scale commercial disputes and arbitrations, his counsel on investment-related disputes in Latin America, and his guidance on the drafting of dispute resolution clauses for complex international transactions.

Rafael regularly represents clients before the ICC and ICSID and is a member of the International Centre for Settlement of Investment Disputes (ICSID) Panel of Arbitrators, appointed by the Republic of Paraguay. He also acts as lead negotiator in complex transnational mediations and negotiations, such as the successful mediation between SGS Société Générale de Surveillance and the Republic of Paraguay, and has served as an arbitrator under Latin American rules.

During his time as head of the arbitration practice in Mexico City, Rafael has overseen continued expansion across the Latin American region, while collaborating regularly with the Firm's offices across the globe. Co-representation of clients, both from within and outside Latin America, has provided clients with truly global experience combined with a unique domestic knowledge. As the only firm in Mexico offering Band One-rated advice in both transactional and contentious matters, Rafael's arbitration team brings clients global best-practice contentious advice, combined with deep commercial understanding.

Rafael has co-authored a Spanish-language treatise on arbitration clauses focused on Latin America.

Bars and Courts

  • New York State Bar
  • Paraguay Bar

Education

  • LLM, Harvard Law School
  • Attorney at Law (Abogado), Universidad Católica de Asunción

Languages

  • English
  • Spanish

Experience

ICC oil & gas construction arbitration, ongoing

Rafael represents a South American concessionaire against a South American contractor in an ICC arbitration concerning the construction of a gas pipeline.

ICC M&A-related arbitration, ongoing

Rafael represents the Mexican sellers against the U.S. buyers of a Mexican paint manufacturing company in an M&A-related dispute before the International Chamber of Commerce (ICC).

Oil & gas arbitration, ongoing

In a case before the Inter-American Commercial Arbitration Centre involving the oil & gas sector, Rafael represents a South American company.

Port-related ICSID arbitration, ongoing

Rafael represents the Republic of Peru in an International Centre for Settlement of Investment Disputes (ICSID) arbitration involving the construction of the Port of Callao.

Mexican automotive industry arbitration, ongoing

Rafael is advising a U.S. company on the Mexican enforcement of a final award obtained in an ICDR international arbitration related to the automotive industry, seated in Mexico City and governed by Mexican law.

ICC mining sector arbitration, 2014

In a dispute concerning the mining sector, Rafael is representing an Indian company in two ICC arbitrations against a South American state and two state entities. He has already secured a fully successful award in one of these two arbitrations.

Peru ICSID arbitrations, 2013

Rafael advised Peru in three arbitrations before the International Centre for Settlement of Investment Disputes (ICSID) involving a Peruvian company and its two Spanish owners, in connection with the electricity sector. In the first arbitration, Rafael helped to secure a significant victory for Peru, which Global Arbitration Review noted was "resolved remarkably quickly by ICSID's standards". The final case marked the first time that ICSID registered a case brought by a Latin American State. All three cases ended with a settlement agreement resulting in payment of US$40 million to Peru.

Peru ICSID arbitrations, 2013

Rafael advised Peru in three arbitrations before the International Centre for Settlement of Investment Disputes (ICSID) involving a Peruvian company and its two Spanish owners, in connection with the electricity sector. In the first arbitration, Rafael helped to secure a significant victory for Peru, which Global Arbitration Review noted was "resolved remarkably quickly by ICSID's standards". The final case marked the first time that ICSID registered a case brought by a Latin American State. All three cases ended with a settlement agreement resulting in payment of US$40 million to Peru.

Highway construction ICSID arbitration, 2013

Rafael helped to achieve a total victory for Peru in a Spanish-language arbitration brought by Argentine investors under the Argentina-Peru bilateral investment treaty. The case related to the cancellation of a concession to construct the Lima airport toll road, and constituted one of the first examples of intra-regional investment disputes in Latin America.

ICC arbitration on Mexican oil construction project, 2012

Rafael successfully represented a Korean-German consortium in an ICC arbitration concerning a dispute with a Mexican state-owned entity, which arising out of a construction dispute in the oil and gas sector. He helped to secure an award of more than US$500 million, continues to advise his client on related enforcement proceedings.

Insurance sector in US federal litigation, 2012

Acting on behalf of a Mexican company and an international bank, Rafael represented both parties in an ICC arbitration and related US federal litigation concerning the insurance sector. He successfully obtained a motion to compel arbitration from the US District Court for the Southern District of New York, a decision which led to a settlement shortly thereafter.

Energy-related ICSID arbitration, 2008

Rafael worked on securing a total victory for the Republic of Peru in an ICSID arbitration brought by a US company under a legal stability agreement, resulting in a precedent-setting award interpreting the scope of such agreements. The case related to an energy extraction, generation, and transmission project.

Publications

  • Of Carts and Horses: Is There Room for Attachment or Enforcement Ahead of Recognition of Arbitral Awards in Mexico?, Corporate Dispute, Oct – Dec 2013, (co-author, with Enrique Espejel)
  • Latin American Investment Protections, 2012, (Associate editor)
  • Cláusulas de Arbitraje para Contratos Internacionales, 2010, (Arbitration Clauses for International Contracts) (co-author, with Paul Friedland)
  • Tips for Drafting Arbitration Clauses for Cross-Border Contracts with Latin American Parties, International Disputes Quarterly, Fall 2007

Awards & Recognition

Rising Star, Law 360, 2016

International Arbitration

Leading Lawyer: Arbitration, Latin America-wide, Chambers Latin America 2014