FELIPE SUESCÚN DE ROA
partner
Attorney and Adjunct Professor of Law. Acted as counsel, arbitrator and secretary to the tribunal in major domestic and international arbitrations.
Languages:
English (Fluent); Spanish (Native)
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PROFILE
Felipe focuses his practice in the fields of national and international arbitration and dispute resolution. He has acted as counsel, arbitrator and secretary to the tribunal in major domestic and international 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 disputes in different areas including construction, oil and gas, energy, mining, mergers and acquisitions, post-M&A, investments and general commercial.
Chambers & Partners 2017 mentions that Felipe is "very well known in arbitration matters." The Legal 500 2017 includes him among “Next Generation Lawyers” in dispute resolution in Colombia. Such a publication also highlights Felipe’s work in national and international arbitration in both Latin America and Colombia.
Who’s Who Legal 2017 recognized him as one of the "World’s Leading Arbitration Experts" aged 45 or under. He was also included among top-five experts in Commercial Arbitration in Colombia by Legal Media Group, Euromoney - Experts Guide (2015-2017).

In 2017, Felipe was identified by in-house counsel as Acritas Stars™ for "His Knowledge Regarding International Arbitration;" the Acritas Star is a global ranking system of the best lawyers in the world, according to clients (with no influence from law firms). After surveying more than 100 law firms in Colombia, in 2016 Revista Dinero, one of Colombia´s most prestigious business publications, included Felipe among the top-ten attorneys who generate "more admiration for their career, performance and experience" in "Dispute Resolution" in Colombia.

Felipe has been admitted as Fellow of the Chartered Institute of Arbitrators (FCIArb) in London. This is a high-level Diploma qualification in international arbitration designed for experienced dispute resolution practitioners.

He has counseled national and international companies on matters involving complex commercial contracts, distribution agreements and 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, mainly working in investor-state disputes under ICSID. Also, he worked as an associate in an important Colombian law firm, principally on arbitration matters and complex commercial contracts.
recent representative matters
- Leading counsel defending two subsidiary companies of Goldman Sachs & Co. in a US$1,650 million multi-party ICC international arbitration related to transport of coal though a railway network in Colombia.
representative case experience
- Leading counsel in the successful representation of Carbones del Cerrejón Limited, a multinational mining company which is the largest exporter of coal in Colombia, in a ICC international arbitration, under Colombian law, against a Spanish-Colombian consortium, related to the construction of marine works and structures. The tribunal dismissed all claims (US$60 million) brought by the consortium and awarded all claims and damages sought by Cerrejón (US$40 million). Consequently, the Tribunal ordered the consortium paying 100% of the costs of the arbitration proceedings.

- 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.

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

- Successfully represented Inversiones Prosperidad against Hoteles Estelar for breach in the restitution of one of the biggest hotels in Colombia under a joint venture contract.

- Appointed as secretary to the tribunal in COMMISA v PEMEX, a US$430 million ICC international commercial arbitration held in Mexico City under ICC Rules, related to the construction of offshore gas plants. 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).
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
Felipe is an Adjunct Professor of Law of Obligations and Civil Liability at Universidad de los Andes in Bogota, Colombia (2013 – date). He also lectured on Fundamentals of Business Law at the Business School of such university.

He is the author of numerous articles and book chapters in international publications (i.e., Journal of International Arbitration (Kluwer) and the International Institute for Conflict Prevention & Resolution –CPR) and domestic ones (i.e., Legis, Temis and Journals from different universities such as Javeriana, Andes and Externado), including:

“Responsabilidad de los Administradores en la Etapa Preconcursal: Situaciones de Pérdidas Patrimoniales”, (Director´s Fiduciary Duties Before Insolvency: Events of Equity Loss), Revista E@Mercatoria, Universidad Externado, Volume 14, No. 2, December 2015.

 Capítulo de libro: Felipe Suescun de Roa, “Simulación” (Simulation). In: Marcela Castro de Cifuentes (direc.), Derecho de las Obligaciones, Volume I (Bogota: Temis, 2015, Second Edition), pp. 502-537.

“Deberes de los Administradores en Fusiones y Adquisiciones: La Versión Colombiana de la ´Píldora Venonosa´” (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, July-December 2013.

“Comments on the ICSID Award Saipem v. Bangladesh: Would its rationale be applicable in future cases?”, International Institute for Conflict Prevention & Resolution –CPR, New York City, NY, USA, May 2011 (2011 Writing Contest Winner).

“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.


Felipe´s recent speaking engagements include:

• “Cinco años de la ley de arbitraje”, Colombian Committee of Arbitration and the Colombian Chapter of the Spanish Arbitration Club, 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”, The Annual ICDR & CCB International Arbitration & Mediation Conference”, Colombian Arbitration Commitee and ICDR Young & International, Chamber of Commerce of Bogota, October 14, 2015.

• “Problemas contemporáneos del Arbitraje Internacional”, CAC Colegio de Abogados Comercialistas, April 28, 2015, Bogota, Colombia.
professional associations
- Fellow of the Chartered Institute of Arbitrators in London (FCIArb).

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

- Member of the ICC Colombia Arbitration Subcommittee.

- Founder and director of the Colombian Chapter of the Spanish Arbitration Club.

- Fellow, “Colegio de Abogados Comercialistas”.

- Member of the Colombian Committee of Arbitration.

- Member of the ICC Young Arbitrators Forum (ICC YAF) - Latin America Chapter.

- Member of the International Centre for Dispute Resolution, ICDR Young & International (American Arbitration Association).

- Member of the YIAG International Arbitration Group (London Court of International Arbitration).