FELIPE SUESCÚN DE ROA
partner
Attorney and Law Professor. Acted as counsel, arbitrator and secretary to the tribunal in major international and domestic arbitrations. Admitted as Fellow of the Chartered Institute of Arbitrators (FCIArb) in London.
Languages:
English (Fluent)
Spanish (Native)
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PROFILE
Felipe’s practice focuses on complex international and domestic arbitration and dispute resolution. Acted as counsel, arbitrator and secretary to the tribunal in major international and domestic arbitrations under the auspices of various arbitral organizations and rules, including the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), and the Chamber of Commerce of Bogota (CCB).

Those arbitration proceedings involved diverse jurisdictions (such as Argentina, Colombia, France, Mexico, New York and Switzerland) and disputes in different areas including construction, oil and gas, energy, mining, mergers and acquisitions, post-M&A, investments and general commercial.
Recognized by Legal 500, Chambers & Partners, Best Lawyers, Who’s Who, Global Arbitration Review, Euromoney, Acritas Stars, Leaders League and Revista Dinero, as "an excellent lawyer", as well as one of the future worldwide leaders for arbitration under 45 years old, "a rising star", "one of the best for arbitration", among top-five practitioners for commercial arbitration in Colombia, and who is also "very involved in relevant arbitration cases."
He has been Adjunct Professor of Law of Obligations, Civil Liability (including contract and tort liabilities, remedies, damages, etc.) and Business Law at the Law School of Universidad de los Andes.

Counseled national and international companies on matters involving complex commercial contracts as well as general commercial matters.

Before joining the firm as partner, Felipe was foreign associate in the international arbitration group of Freshfields Bruckhaus Deringer LLP in Washington D.C., working on international investment arbitrations before ICSID. Also, he worked as an associate in an important colombian law firm, mainly on domestic and international commercial arbitrations (under ICC, CCB and UNCITRAL Rules).
recent representative matters
- Representing Refinería de Cartagena (Reficar) in an ICC international commercial arbitration, seated in New York, under Colombian and New York law, against Chicago Bridge & Iron Company (CB&I), an EPC contractor. The dispute concerns costs and delays in connection with the construction of a refinery in Colombia (a mega-project), with the claim valued at several Billion dollars. Currently being the largest and one of the most complex construction disputes in the world.

- Lead counsel for two subsidiary companies of Goldman Sachs in a US$1650 million ICC multy-party arbitration, entirely conducted in English, related to transport of coal through a railway network in Colombia.

- Lead counsel for a multinational consortium against a multinational company in an international commercial arbitration, under the Rules of the Chamber of Commerce of Bogotá (CCB), arising out of a supply and installation of turbines contract.

- Advising Reficar in disputes concerning a consulting contract executed with a global engineering contractor. The disputes are submitted to interntaional arbitration (ICC Rules) and the seat is Paris.
representative case experience
- Lead counsel for Carbones del Cerrejón Limited, multinational which is the largest mining company in Colombia, in a ICC international arbitration, under Colombian law, against a multinational consortium (Ferrovial Agroman and Sainc Ingenieros), related to the construction of marine works and structures. The tribunal dismissed all claims (US$60 million) brought by the consortium and awarded all counterclaims and damages sought by Cerrejón (US$40 million). Consequently, the Tribunal ordered the consortium paying 100% of both the costs of the arbitration and of the costs of Cerrejón’s legal representation.

- Served as arbitrator –appointed by the ICC Court in Paris– in an ICC international commercial arbitration arising out of a settlement agreement.

- Represented Colombian and Venezuelan companies in a US$30 million domestic arbitration, under the Rules of the CCB, arising out of the acquisition of shares over a concessionary company of an important highway in Colombia.

- Advised an international bank in disputes with a public entity, valued at hundreds of millions of dollars, arising out from outstanding debt.

- Member of the team representing a subsidiary company of a large international investment bank in a US$200 million domestic arbitration, under the Rules of the CCB, arising out the extraction of coal.

- Member of the team representing an international consortium in an international commercial arbitration held in Bogota under ICC Rules against ISAGEN, related to the construction of a hydroelectric plant, obtaining a US$70 million award. The Council of State of Colombia confirmed such award; being the first time it revises an international award rendered by an arbitral tribunal seated in Colombia. In addition, the Constitutional Court of Colombia confirmed the ICC award in its first revision ever of an international arbitration award.

- Member of the team representing Inversiones Prosperidad against Hoteles Estelar in a domestic arbitration, under the Rules of the CCB, for breach in the restitution of one of the biggest hotels in Colombia under a joint venture contract.

- Member of the team advising an international bank in US$30 million disputes arising out from the merger of a domestic bank.

- Appointed as secretary to the tribunal in a US$370 million ICC international arbitration related to the enlargement of a thermoelectric plant in Argentina, under both Argentinean and Swiss law.

- Appointed as secretary to the tribunal in COMMISA v PEMEX, a US$430 million ICC international arbitration related to the construction of off-shore gas platforms in Campeche Bay (Mexico), under Mexican law. This is becoming a seminal case in international arbitration since it is one of the few cases around the world which have been set aside in the seat and meanwhile enforced in a different jurisdiction (New York).

- Asisted one of the arbitrators in a US$1600 million international ad hoc commercial arbitration held in Panama City under UNCITRAL rules, related to the construction of a subway. At the moment such arbitration was the biggest commercial arbitration ever in Colombia.
education
- LL.M. Georgetown University Law Center.

- Specialist in Commercial Law from Universidad de los Andes in Bogota, Colombia.

- JD Equivalent, Universidad de los Andes.
publications and academic experience
PUBLICATIONS

Author of articles and book chapters on arbitration and business law matters. He has published in international publications (i.e., Journal of International Arbitration (Wolters Kluwer) and The International Institute for Conflict Prevention and Resolution (CPR Institute)) and domestic ones (i.e., Legis, Temis and journals from universities such as Andes, Javeriana and Externado), including:

- “Mitigación de Daños en Materia Contractual”, (Mitigation of Damages in Contract Law), Vniversitas, Vol. 67, No. 136, Pontificia Universidad Javeriana, Enero-Junio de 2018.

- “Responsabilidad de los Administradores en la Etapa Preconcursal: Situaciones de Pérdidas Patrimoniales” (Director´s Fiduciary Duties Before Insolvency: Events of Equity Loss), E-Mercatoria, vol. 14, N° 2, Universidad Externado, July-December, 2015.

- Book chapter: “Simulación” (Simulation). In: Marcela Castro de Cifuentes (direc.), Law of Obligations, Volume I (Bogotá: Temis, 2015, Second Edition), pp. 502-537.

- “Deberes de los Administradores en fusiones y adquisiciones: la versión colombiana de la píldora venenosa” (Directors’ Fiduciary Duties in M&A Transactions: a Colombian Version of the Poison Pill), Private Law Review No. 53, Universidad de los Andes, June 2015.

- “Investor-state Arbitration in Sovereign Debt Restructuring: The Role of Holdouts”, Journal of International Arbitration 30 No. 2 (2013): 131-154. The Hague, Netherlands: Kluwer Law International.

- “The Business Judgement Rule en los Estados Unidos: Una Regla con Dimensión Procesal y Fuerza Sustantiva” (The Business Judgment Rule in America: A Rule with Procedural Dimension and Substantive Force), 127 Vniversitas, Universidad Javeriana, 2013.

- “Comments on the ICSID Award Saipem v. Bangladesh: Would its rationale be applicable in future cases?” (Winner of an international dispute resolution writing competition organized by the CPR in New York), The International Institute for Conflict Prevention and Resolution (CPR Institute), New York, NY, USA, May 2011.

- “La Naturaleza Jurisdiccional como Causante de Complicados Males del Arbitraje en Colombia” (Jurisdictional Nature as the Cause of Complex Problems of Arbitration in Colombia), Commercial Law Forum-International Review, No. 29, Legis, October-December 2010.

- “Orden Público Internacional: Excepción a la Limitación que Imponen los Actos Administrativos a la Competencia de los Tribunales de Arbitramento” (International Public Policy: Exception to the Restriction Imposed by Administrative Orders to the Jurisdiction of Arbitration Tribunals), Private Law Review, No. 44 (Special Edition: Arbitration and International Business Transactions), Universidad de los Andes, July-December 2010.

- “Control Judicial de las Cláusulas Abusivas en Colombia: una Nueva Causal de Nulidad” (Judicial Control of Unfair Terms in Colombia: a New Cause of Nullification), Private Law Review, No. 41 (Special Edition: Insurance Law), Universidad de los Andes, September 2009.


SPEAKING ENGAGEMENTS


Felipe is a frequent speaker on topics related to international and domestic arbitration as well as on commercial and business law matters. Recent speaking engagements include:

- I Congress on Commercial and Investment Arbitration, Instituto Peruano de Arbitraje and Centro de Arbitraje y Mediación (CAM) UEES, Guayaquil, Ecuador, August 21, 2019.

- “Los Retos Actuales del Arbitraje Internacional”, II Congress of the Latin American Network of Young People in Arbitration, Lima, Peru, August 15, 2019.

- “¿El Arbitraje en Crisis?: Dónde Estamos y Hacia Dónde Vamos", Colombian Chapter of the Spanish Arbitration Club, Bogota, July 16, 2019.

- “Cinco Años de la Ley de Arbitraje”, Colombian Arbitration Committee, Bogota, August 8 and 9, 2017.

- “Arbitraje con una Parte Estatal: de la Arbitrabilidad Subjetiva y Otros Demonios”, Launch of the Colombian Chapter of the Spanish Arbitration Club, Bogota, April 12, 2016.

- “Los Recursos de Protección Constitucional en Latinoamérica y su Interacción con el Arbitraje Internacional con Sede Latinoamericana”, ICDR International Arbitration & Mediation Conference”, Bogota, October 14 de 2015.

- “Problemas Contemporáneos del Arbitraje Internacional”, Colegio de Abogados Comercialistas (ABOGCOM), Bogota, April 28, 2015.
professional associations
- Fellow del Chartered Institute of Arbitrators (FCIArb) in London:

This is a high-level Diploma qualification in international arbitration designed for experienced dispute resolution practitioners, which has been awarded to less than 15 people in Latin America.

- Chamber of Commerce of Bogota (CCB) Roster of Arbitrators.

- Director and founder of the Colombian Chapter of the Spanish Arbitration Club.

- Member of the ICC Colombia Arbitration Subcommittee.

- Member of the Colombian Arbitration Committee.

- Fellow "Colegio de Abogados Comercialistas"(ABOGCOM).