Ignacio Madalena

Some representative examples of Ignacio's experience includes:

International arbitration 

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.

Representing a Japanese investor in an ICSID arbitration against the Kingdom of Spain under the Energy Charter Treaty involving investment in the Spanish renewable sector.

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. 

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.

Representing a Spanish energy company in an ICSID arbitration against the Republic of Argentina pursuant to the Spain-Argentina BIT, in a dispute relating to measures affecting the claimant's investments in the power-generation sector.

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 and advising 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.*

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.*

Advisory work

Negotiations of direct agreements between investors and host states (covering specific standards of protection for the investor such as stabilization clauses, standards of treatment, sovereign immunity waivers and access to international arbitration).

Advice to an energy company on the status of an exploration and production agreement with a state facing rival governments.

Drafting and negotiation of a headquarters agreement between a publicly-owned financial institution and a host state.

Advising a group of lenders on a financed project affected by disruption and regulatory risks, on the application of the lenders' step-in rights under the relevant credit agreements and overseeing the borrower's and the sponsors' dispute resolution strategy.

(*) Experience prior to joining White & Case LLP