Felipe Nazar Pagani

Associate, New York

Biography

Overview

Felipe Nazar Pagani is a seasoned trial lawyer based in New York.

Felipe represents parties in investment and commercial disputes (both in the U.S. and internationally). His experience spans construction, mining, energy, and public works concessions. He also regularly advises on the preparation of arbitration clauses in complex international operations, law and forum selection, and investment treaty planning.

Before joining White & Case in 2016, Felipe was a senior associate at a leading Chilean law firm where he handled dozens of Spanish-language disputes before international tribunals and national courts. After obtaining his LLM at NYU Law in 2013, Felipe joined the Washington, DC arbitration group of a major international law firm and consulted for construction companies investing in Latin America.

Bars and Courts
New York State Bar
Chile Bar
Education
LLM
International Business Regulation, Litigation, and Arbitration
New York University School of Law
LLB
Pontificia Universidad Católica de Chile
Languages
English
Spanish
Portuguese

Experience

Member of the team representing the Kingdom of Saudi Arabia in a claim concerning a project for the construction of a power and desalination plant in Saudi Arabia (Samsung Engineering Co. Ltd. v. Kingdom of Saudi Arabia, ICSID Case No. ARB/17/43)

Member of the team representing the owner in a AAA arbitration concerning the construction of car manufacturing facility located in the U.S.

Member of the team representing the investors in an ICSID claim against Argentina concerning the nationalization of the country's private pension system (MetLife, Inc., & Others v. Argentine Republic, ICSID Case No. ARB/17/17)

Member of the team representing the owner in a AAA arbitration concerning the construction of a flue gas desulfurization project at a power plant located in the U.S.

Member of the team representing the investors in ICSID arbitration Tidewater Inc. et al. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/5).

Member of the team representing the investors in ICSID arbitration Accession Mezzanine Capital L.P. et al. v. Republic of Hungary (ICSID Case No. ARB/12/3).

Co-counsel to a global engineering company in an ICC arbitration concerning a dispute with a contractor who abandoned a transmission line project in Brazil and Chile.

Counsel to a French food services and facilities management company in three ICC arbitrations and two parallel domestic arbitrations arising out of a joint venture to build and operate penitentiary facilities in Chile.

Counsel to a Colombian oil company in an ICC arbitration concerning violations of various representations and warranties in a share purchase agreement.

Member of the team representing a major mining company in an ICDR arbitration against a contractor involving an EPC contract subject to Florida law.

Member of the team advising one of the world’s largest mining companies in preparation for arbitration arising out of an EPC contract for the construction of a major expansion of its facilities in Chile. The dispute settled on terms favorable to the client.

Speaking Engagements

"Reconsideration of Substantive Matters in Investment Arbitration", 2016, at an ICC YAF/CLA conference entitled "The Power to Change One's Mind: Can it Apply in International Arbitration?", Miami (panelist)

"Place of the Arbitration and Lex Arbitri", 2016, ICC-Chile/CEA-Chilean Chapter joint colloquium on international arbitration entitled "Place of Arbitration: Chilean and International Perspectives", Santiago, Chile (panelist)

"Anti-Arbitration Injunctions: International Perspective", 2014, at a conference entitled "Interactions Between Arbitral Tribunals and National Courts. Anti-Arbitration Injunctions" organized by Colegio de Abogados y Abogadas de Costa Rica and ICC-Costa Rica, San Jose, Costa Rica (panelist)

"Public Policy & Corporate Disputes", 2014, at a conference entitled "Arbitration and Public Policy: Pushing the Limits", organized by ICC YAF, Santiago, Chile (panelist)

"Recognition and Enforcement of Awards Vacated in the Seat of the Arbitration", 2012, organized by ICC YAF, Santiago, Chile (panelist)

Publications

Tidewater v. Venezuela: Property Rights Capable of Expropriation in a Company Operating Under Short-Term Contracts, Journal of International Arbitration 32, no. 4, 2015, (Co-author with Jose Ignacio Garcia Cueto)

Laudos zombis: la necesaria unificación de los criterios sobre reconocimiento y ejecución de laudos arbitrales anulados en la sede del arbitraje, La Notaria, Revista del Colegio Notarial de Cataluña, no. 3, 2015, (Co-author with Jose Ignacio Garcia Cueto, Juan Manuel Soriano Llobera y Jaume Roig Hernando)

Anti-Arbitration Injunctions and the Principle of Competence, Competence, Lex Arbitri, Peru, 2014

Enforcement in Chile of International Arbitration Awards Vacated in the Seat of the Arbitration: Right Result, Wrong Reasons, LCIA Young International Arbitration Group E-news, 2013