Ximena Vásquez-Maignan
Biography
Overview
Ximena Vásquez-Maignan specializes in nuclear law, with a particular expertise in nuclear liability. A citizen of both France and Chile, she advises governments and public organizations, investors, operators, equipment and service providers, as well as insurers, in the development and monitoring of international nuclear projects, as well as infrastructure projects (BOT, concessions, leasing, O&M contracts). Ximena also contributes to the improvement of the knowledge and understanding of nuclear law issues in the private sector and in academia.
Ximena is a member of the Paris Bar and holds a DEA in international law from the University of Paris II Panthéon-Assas. After starting her career as an international lawyer at Veolia Water (1997 - 2003), Ximena joined Electricité de France SA (EDF) in Beijing (2003 - 2008) and then Gide Loyrette Nouel (2009 - 2010), before returning to France to the OECD Nuclear Energy Agency (NEA) as Senior Legal Adviser (2011 - 2014) and then as Head of the Office of Legal Counsel (2015 - 2022). She has been a member of the International Nuclear Law Association (INLA) since 2009 and co-chair of the INLA Working Group on Nuclear Liability and Insurance since 2012. She served as a member of the Board of Management of this association from 2015 to 2022. She has served as an expert on numerous working groups, such as those of the International Atomic Energy Agency, the European Commission, the World Nuclear Association and nucleareurope (formerly FORATOM).
Experience
Significant matters on which Ximena has acted prior to joining White & Case include:
Nuclear power
- Acquisition of a minority stake in the company in charge of constructing and operating the first European Pressurized Water Reactor (EPR) in China
- Drafting and negotiation of technology transfer agreements and technical assistance contracts with several Chinese nuclear power companies
- Assisting one of the world leaders in the areas of construction, equipment and services for nuclear power plants, and for the whole nuclear fuel cycle, in its projects in China and India (e.g. setting up a joint-venture and construction of a nuclear installation)
- Assisting governments in achieving the ratification of the 2004 Protocols to amend the 1960 Paris Convention on Nuclear Third Party Liability and of the 1963 Brussels Convention Supplementary to the Paris Convention
Infrastructure Projects (BOTs, Concessions, Management, O&M contracts)
- Financing, construction, operation and transfer (BOT) of a water treatment plant in China
- Development, design, financing, construction, equipment, completion, testing and commissioning of wastewater treatment facilities in Korea
- Management, operation, maintenance and improvement of urban water supply systems in Ghana
- Long term operation, maintenance and management of a water supply system in Colombia
- Management, operation and maintainance of water, sewer and waste water treatment systems in South Africa
- Management of water and wastewater services in Jordan, and in the West Bank
- Management contract for water services in Mozambique
- Operation and Maintenance Contract for water and wastewater services in Sweden
- Construction, operation, maintenance and transfer of water and wastewater services in Uruguay
- Long term operation, maintenance and management of a water supply system in the United States
Mergers & Acquisitions
- Acquisition of a minority stake in the company in charge of constructing and operating the first European Pressurized Water Reactor (EPR) in China
- Acquisition of a stake in a Chinese company owning several thermal power plants
- Acquisition of a minority stake in a water and waste water company in Brazil, and in Chile
- Sale of a minority stake in a water and wastewater company in Guinea
- Acquisition of a stake in a water company in Malaysia
- Acquisition of a majority stake in a water and power company in Mali
Project Finance
- Refinancing of the Laibin B BOT power project (China) - Project Finance Deal of the Year by Asian Legal Business China Law Awards 2006
- Single financing structure for several water and wastewater concessions in Portugal
- Financing of a water concession in Colombia with the Inter-American Development Bank
Construction
- EPC contracts for water treatment plants in China, Colombia and Korea
- EPC contracts for metro and railway projects
"Going Nuclear – managing claims and disputes during the construction of new build NPPs" (with Daniel Garton, Andrew McDougall KC, Kirsten Odynski and Emily Eliott)
Contributed to several NEA publications, such as the following recent publications of 2021:
- Principles and Practice of International Nuclear Law (2021) (drafted an article and reviewed those addressing nuclear liability)
- Small Modular Reactors: Challenges and Opportunities (2021) (contributed information on nuclear liability)
- Fukushima Daiichi Nuclear Power Plant Accident, Ten Years on (2021) (contributed information on nuclear liability)
"Nuclear power in the United Arab Emirates: Legal framework and regulatory co-operation", NEA updates, NEA News 2012/2013 – No. 30.2/31.1
"The Japanese nuclear liability regime in the context of the international nuclear liability principles", in Japan's Compensation System for Nuclear Damage as related to the TEPCO Fukushima Daiichi Nuclear Accident, OECD 2012 – NEA No. 7089
"Fukushima: liability and compensation", NEA News 2011 – No. 29.2
"Nuclear liability in China", Asian Power magazine, February 2010 issue
