BÚHO NIVAL
With its keen ear and powerful vision capable of observing all angles, even directly behind it, the owl symbolizes wisdom, vision and justice.
// OUR SERVICES
Arbitration and International Law
Snowy owl
With its sharp hearing and eyesight, and the ability to see all angles—even directly behind itself—the owl symbolizes wisdom, vision and fairness
The singularity of Xtrategy lies in its specialization and extensive experience in arbitration and international law, combined with cost-effective competitiveness and flexibility given its character as a boutique firm in international arbitration.
This experience includes representation of sovereign States and private clients in multiple arbitrations, negotiation of international investment agreements, set-up of programs to prevent and strengthen the legal defense of States against investment arbitration claims, and advice on public international law.
Our Arbitration and International Law practice, led by José Antonio Rivas, SJD, focuses on three areas:
SNOWY OWL
With its sharp hearing and eyesight, and the ability to see all angles—even directly behind itself—the owl symbolizes wisdom, vision and fairness
A number of elements lead to achieving favorable results in investment arbitration: Experience of international counsel in the various stages of arbitration, impecable drafting skills, expertise in witness examinations, and specialized knowledge in public international law, investment treaties, the ICSID Convention and the applicable arbitration rules. Likewise, it is essential to be sensitive to the State’s regulatory powers involved in the dispute. Our ethos is to work as a team with the client, identify the weaknesses and strengths of the case, and lead the way guided by a strategic vision.
// WE PROVIDE
- Advice to sovereign clients on the implementation of investment treaty obligations and the prevention of investment disputes
- Evaluation of the possibilities of success at every phase of the investment arbitration: Jurisdiction, merits, damages, annulment and execution of the award
- Legal representation at every procedural stage in ICSID, and UNCITRAL cases, as well as international arbitrations under other procedural rules:
- Drafting of investment arbitration memorials
- Conducting direct and cross-examinations of witnesses and experts,
- Prepararing and delivering opening and closing statements at hearings
- Conducting negotiations in investment disputes - Advice on financing the arbitration
- Advice regarding the financing of arbitration
A number of elements lead to achieving favorable results in international commercial arbitration: Experience of international counsel in arbitration proceedings in the relevant industry (e.g., energy, oil & gas,, highway infrastructure, or environmentally sensitive projects) and on the various stages of the arbitration. Counsel must possess impecable drafting skills, mastery in conducting direct and cross-examinations and in-depth knowledge of the applicable arbitration rules, e.g. those of the ICC, UNCITRAL, AAA / ICDR or others. Our ethos is to work as a team with the client, identify the weaknesses and strengths of the case, and lead the way guided by astrategic vision focused on a victorious outcome.
// WE PROVIDE
- Evaluation of the possibilities of success at every phase of the international commercial arbitration: Jurisdiction, merits, damages, annulment and execution of the award
- Legal representation at every procedural stage in cases under the auspices of the ICC, UNCITRAL, CCB rules of arbitration and those of other forums:
- Drafting of international commercial arbitration memorials
- Conducting direct and cross-examinations of witnesses and experts,
- Prepararing and delivering opening and closing statements at hearings
- Conducting negotiations in international trade disputes
- Advice regarding the financing of arbitration
We rely on our extensive experience in advising States, international
organizations and private clients on matters of public international law. Along with our leadership in the negotiation of various international investment agreements, this experience also includes drafting clauses for international organizations in search of balanced models between investment protection, respect of the State’s regulatory powers, and standards of corporate responsibility in environmental and labor matters.
// WE PROVIDE
- Advice on matters of public international law that require analysis of international treaties, international custom and applicable general principles of law, including, among others, on matters related to:
- The international law of the sea
- Protection of cultural heritage
- Human rights in international economic treaties
- Advice on international treaty negotiations, including international investment treaties and free trade agreements.