Ignacio Madalena

Counsel, Madrid

Biography

Overview

Ignacio is a counsel in the firm's International Arbitration Practice in Madrid.

Licensed in New York, England & Wales, and Spain, Ignacio's practice focuses on investment treaty arbitration, acting for infrastructure funds and multinational corporations in proceedings in English or Spanish under the ICSID Convention and the UNCITRAL Arbitration Rules. He has represented clients in claims brought under investment treaties (including the Energy Charter Treaty), foreign investment laws and investment agreements, in a broad range of industries and sectors, such as renewable energy, electricity, oil & gas, construction & engineering, telecommunications and banking. 

Ignacio also has extensive experience in commercial arbitration, in proceedings under the ICC, LCIA, ICDR and UNCITRAL arbitration rules and in cases involving different common law and civil law jurisdictions, both as counsel and arbitrator. Ignacio's expertise extends to advising on cross-border governing law and jurisdiction issues, sovereign immunity and dispute resolution clauses in the context of complex international transactions.

Ignacio speaks regularly on arbitration matters and has numerous publications in the field of international arbitration. Recent publications include: "Función y Deberes del Árbitro" ("Role and Duties of an Arbitrator"), "Medidas Regulatorias y Expropiación" ("Regulatory Measures and Expropriation"), "Disputes Arising from Concession Agreements in Latin America" and "Dispute Avoidance and Management in Construction and Engineering Projects".

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

Experience

Some of Ignacio's experience in international arbitration includes:

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

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

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.*

(*) Experience prior to joining White & Case LLP