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Rafael Rincón Ordoñez

Rafael focuses his practice on international arbitration, international litigation, international public law and dispute settlement involving States and State entities in multiple jurisdictions.

Rafael is member of the list of national and international arbitrators of the Bogotá and Cali Chambers of Commerce. He has work in arbitration under rules from International Chamber of Commerce (“ICC”), International Centre for Settlement of Investment Disputes (“ICSID”), International Centre for Dispute Resolution (“ICDR”) and the United Nations Commission on International Trade Law (“UNCITRAL”) in infrastructure, energy, construction, transportation, and oil & gas industries.

He has also advised to States, State entities and multinationals in numerous arbitrations and disputes arose from construction projects, hydroelectric, road concessions, expansion of maritime ports, right of access to railways concessions, operation and maintenance of infrastructure and economic rights under oil concession contracts. Rafael also has experience in international law of human rights and international litigation. Particularly, related to expropriations, sovereign immunities, right of asylum, cancellation, recognition and enforcement of awards and foreign decisions. In addition, he has been adviser in privatizations and financing of projects. Prior to joining Zuleta Abogados Asociados, Rafael was a senior associate in the Dispute Resolution practice and Investment Protection of Gómez-Pinzón Zuleta Abogados S.A.S, foreign associate in the New York office of Latham & Watkins LLP.

Credentials

Relevant Experience

  • Counsel to an international consortium in an ICC arbitration against a multinational company of the mining industry arising from an EPC agreement for the expansion of a maritime port. The seat of the arbitration is Bogotá, Colombia.
  • Counsel to a State-owned company in an ICC arbitration against a consortium of multinational companies arising from a construction agreement of a hydroelectric power plan in Colombia. The seat of the arbitration was Bogotá, Colombia.
  • Counsel to a State entity in the oil & gas industry in an ICC arbitration against a multinational company arising from a Joint Operating Agreement and an Agreement for the exploration and exploitation of hydrocarbons. The seat of the arbitration was London, United Kingdom.
  • Counsel to a multinational company in the oil & gas industry in an UNCITRAL arbitration against a European State entity arising from a BOMT contract for the construction, operation, maintenance and subsequent return of a trans-border pipeline. The seat of the arbitration was London, United Kingdom.
  • Counsel to a Latin American State in the structuring of the privatization of an energy generation company. This advice included the drafting of the privatization administrative decree and the review and renegotiation of multiple agreements for energy trading (PPA) and of EPC and O&M contracts of several hydroelectric power plants.
  • Counsel to a multinational mining company against a Swiss-based multinational and other Colombian companies in an ICC arbitration arising from an association agreement for the construction, operation and maintenance of a rail network in Colombia. The seat of the arbitration is Bogotá, Colombia.
  • Secretary to the Arbitral Tribunal constituted under the UNCITRAL Arbitration Rules of 2010 to settle the disputes between a hydrocarbon exploration and exploitation company against an oil-services corporation. The seat of the arbitration is Buenos Aires, Argentina.
  • Counsel to a Latin American State in the negotiation of a dispute with Spanish investors, notified before the International Centre for Settlement of Investment Disputes, derived from a bilateral investment treaty for the promotion and protection of investments. The dispute arose from the differences on regulatory and judicial measures related to the provision of the health public service.
  • Counsel to a corporate group of the energy sector in the negotiation of a BOMT agreement for an electric distribution system in a Central American State.
  • Counsel to an oil services multinational company in the request of recognition and enforcement of an ICC award before the Colombian Supreme Court of Justice.

Education

  • Lawyer, Pontificia Universidad Javeriana. Bogotá D.C., Colombia.
  • Maestría en Leyes (LL.M). Regulación de Negocios Internacionales, Litigio y Arbitraje de la New York University School of Law. Nueva York, Estados Unidos.

Academic and Publications

  • Rafael is Professor and Lecturer of the Faculty of Legal Sciences of Pontificia Universidad Javeriana of the courses of International Arbitration, where also has been professor of International Commercial Law and International Public Law. He has also been guest lecturer at Universidad de los Andes, Universidad de la Sabana, the Medellin Chamber of Commerce and other academic institutions in Latin-American.

Memberships

  • Colombian Committee to ICC.
  • Latin-American Association of Arbitration
  • International Bar Association.
  • Centro de Estudios de Derecho Internacional, CEDI, Pontificia Universidad Javeriana.
  • Centro de Estudios de Derecho Procesal – CEDEP

Languages

  • Spanish
  • English