Ignacio Madalena

Local Partner, Madrid

Biography

Overview

Ignacio is Local Partner with the firm's International Arbitration Practice in Madrid, focusing on international commercial and investor-to-state disputes.

With over 22 years of experience, Ignacio has represented clients from all over the world in claims under bilateral investment treaties, the Energy Charter Treaty (ECT) and the investment chapters of free trade agreements, and has appeared before a variety of international tribunals in arbitrations under the rules International Centre for Settlement of Investment Disputes (ICSID) or the United Nations Commission on International Trade Law (UNCITRAL).

Ignacio also acts for clients in international commercial arbitrations, mostly under the rules of the International Chamber of Commerce (ICC) and in ad hoc proceedings under the UNCITRAL Arbitration Rules. Ignacio further serves as arbitrator in commercial cases, both as party-appointed and chair.

Ignacio's sectors of experience includes, in particular, electricity and renewable energy, oil & gas, construction & engineering, port concessions and telecommunications.

Clients praise his "ability to work with lawyers from different jurisdictions" and consider him a "very reliable and trustworthy partner" (Chambers Global 2024).

Ignacio teaches international investment law and arbitration at Instituto de Empresa (IE) and the Instituto de Estudios Bursátiles in Madrid.

Bars and Courts
Spain (Abogado)
New York
England and Wales
Special Legal Consultant in District of Columbia
Education
LLM
Georgetown University Law Center
LLM
Katholieke Universiteit Leuven
JD (equivalent)
Universidad San Pablo CEU
Languages
English
Spanish
French

Experience

Some representative examples of Ignacio's experience includes:

Successfully representing a Japanese investor in an ICSID arbitration against the Kingdom of Spain under the Energy Charter Treaty involving investments in the Spanish CSP sector. Proceedings currently pending on damages assessment.

Successfully representing multiple infrastructure funds and multinational corporations that had invested in solar and wind-power generation projects in Spain, in multiple ICSID and UNCITRAL arbitration proceedings involving claims against the Kingdom of Spain under the Energy Charter Treaty (ECT), as a result of Spain's changes to the regulatory regime for renewable energy projects.*

Acting for Guatemalan and Panamanian investors in ICSID arbitration proceedings against Honduras under the investment chapters of the DR-CAFTA and the Panama-Central America free trade agreements involving investments in different photovoltaic (PV) projects (pending).

Acting for the Republic of Albania in an ICSID arbitration involving claims by a German investor under the Germany-Albania bilateral investment treaty, in relation to a concession for the operation of a terminal in the Port of Durrës (settled).

Acting for the concessionaire in a dispute with the EPC contractor in an ICC arbitration in Geneva, in a dispute under Slovakian law arising out of road construction project in Bratislava (settled).

Acting for a Belgium industrial group as claimant in a post-M&A dispute against a Spanish company, brought under a Share Purchase Agreement in the Madrid Court of Arbitration. Favourable decision on liability and currently pending on damages assessment.

Representing a Spanish telecommunications company in an ICSID arbitration against the Republic of Colombia pursuant to the Spain-Colombia BIT, in a dispute relating to a concession agreement for mobile telephone services (pending).

Successfully representing a sovereign state in proceedings before the Madrid High Court, defending the validity of an award on jurisdiction rendered in an UNCITRAL arbitration under a bilateral investment treaty.

Acting for an infrastructure fund based on London in an ICC arbitration under Spanish law arising from a joint venture dispute over a photovoltaic project in Mexico.

Advising a group of international lenders, on the management and implications of a dispute between the borrower and a Latin American State, as a result of various legal, regulatory and judicial measures affecting a project for the development and operation of an airport.*

Acting for an energy company based in Argentina, the respondent in an ICC arbitration in London, concerning a dispute under a joint operating agreement and a gas balancing agreement governed by English law, relating to a natural gas exploitation and production project in Argentina.*

Representing a US energy company and its Dutch subsidiary in multiple claims against the Republic of Kazakhstan under a bilateral investment treaty, the ECT and Kazakhstan's foreign investment law, arising out of a series of actions including fines and tariff restrictions imposed by Kazakh competition authorities and affecting the claimants' investments in a number of power-generation facilities and trading companies that held rights under long-term concessions with the Government.*

Advising a liquefied natural gas (LNG) producing company based in the Middle East in a dispute with a Spanish energy company regarding the price review provisions of a 25-year sales purchase agreement of LNG.*

Representing a Spanish contractor in claims against Honduras under a public works contract, in proceedings under the ICSID Convention.*

(*) Experience prior to joining White & Case LLP

Publications

Co-author: ":Arbitraje de inversión y proceso judicial: puntos de fricción y cooperación", in Libro homenaje a Miguel Ángel Fernández-Ballesteros, Club Español e Iberoamericano del Arbitraje (2024).

Co-author: "Spanish Constitutional Court Limits the Scope of Review of Awards in Actions to Set Aside," W&C publication, 15 March 2021.

Co-author: "Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective, W&C publication, 14 May 2020.

Co-author: "Función y deberes del árbitro", in Flores Sentíes, H. (ed.), Retos Contemporáneos del Arbitraje Internacional (Tirant Lo Blanch, Mexico City, 2018).

Co-author: "Increased enforcement risk in intra-EU investment treaty arbitration," Legal & Regulatory Risk Note, A&O Publication (May 2018).

Co-author: "Spain" in The International Arbitration Review, 8th ed. (2017).

Author: "Medidas regulatorias y expropiación: tratamiento en la práctica arbitral", Lima Arbitration – Revista del Círculo Peruano de Arbitraje, núm. 7, 2016-2017.

Author: "Concession Agreements and Investment Treaty Claims," GAR's Arbitration Review of the Americas 2018 (2017).

Author: "Trans-Pacific Partnership," GAR's Arbitration Review of the Americas 2017 (2016).

Author: "Ethics in International Arbitration: the Role of the Arbitral Tribunal," International Arbitration Law Review (Dec. 2012).

Co-author, "Human Rights and Investment Treaty Arbitration," A&O Publication (2012).

Co-author, "Dispute Avoidance and Management in Construction and Engineering Projects," in EPC Contracts and Major Projects: A Guide to Construction and Other Project Contracts, Nigel Pritchard and John Scriven (eds.) (2011).

Co-Author, "Advocacy from the Perspective of a Civil Law Arbitrator," in The Art of Advocacy in International Arbitration, 2nd Edition, R. Doak Bishop (Ed.) (2010).

Co-Author, "Parallel Proceedings in International Arbitration," Arbitration International, vol. 24, no. 4 (2008).

Co-Author, "The ICC Dispute Board Rules," International Arbitration Law Review, vol. 8 (2005) "The U.S. Model BIT," International Arbitration Law Review, vol. 7, Issue 3 (June 2004).

Ranked in Chambers & Partners and The Legal 500