Rafael is an arbitrator and party representative in international and domestic arbitrations in multiple jurisdictions, including Colombia, Mexico, the United States, the Dominican Republic, Spain, Ecuador, and Chile. He has more than 15 years of experience in dispute resolution in various industries, including infrastructure, energy, construction, foreign investment, transportation, distribution, and oil and gas.
Rafael was a founding member of the Chambers of Zuleta Abogados, where he co-led the international arbitration and litigation practice. He was also a Foreign Associate in the New York offices of Latham & Watkins LLP and an associate in other firms based in the Republic of Colombia.
Rafael has extensive experience in arbitrations conducted under the rules of the International Court of Arbitration of the International Chamber of Commerce (“ICC”), the International Centre for Dispute Resolution (“ICDR”), the Arbitration Rules of the United Nations Commission for International Trade Development (“UNCITRAL”), the International Centre for Settlement of Investment Disputes (“ICSID”), as well as arbitrations administered by the International Chamber of Commerce (“ICC”). The arbitration rules of the United Nations Commission for International Trade Development (“UNCITRAL”) and the International Centre for Settlement of Investment Disputes (“ICSID”), as well as arbitrations administered by the Bogota Chamber of Commerce.
Rafael has acted as a party representative in complex litigation before the Supreme Court of Justice, the Council of State, and the Constitutional Court. In particular, the Colombian Constitutional Court has invited Rafael to be an expert on investment arbitration. He has been a member of the drafting commission of the arbitration law reform appointed by the Colombian Ministry of Justice and Law in 2019.
Rafael has extensive experience negotiating EPC, BOMT, and O&M contracts in the infrastructure and energy sectors. He has also advised on multiple privatization processes conducted in the Republic of Colombia’s energy, banking, and finance sectors.
Additionally, Rafael is a Professor of International Arbitration and International Law at the Pontificia Universidad Javeriana and a postgraduate professor at the Sabana and Rosario Universities. He is a member of the ICC Bulletin Disputes Editorial Committee and the Latin America Representative of the ICC YAAF.
– LL.M. in Regulation, Litigation and International Arbitration, New York University, 2011.
– Lawyer (graduated with honors), Pontificia Universidad Javeriana, 2006.
· Complex Procedural Issues Arising from Energy and Natural Resources Disputes en “International Arbitration in Latin America: Energy and Natural Resources Disputes” (Kluwer Law International), para ser publicado en 2021. Coautores: Eduardo Zuleta y Juan Ignacio Guerra.
· La Relevancia Constitucional del Orden Público Internacional en “Conmemoración de los 40 años del Departamento de Derecho Procesal de la Universidad Externado de Colombia (Editorial de la Universidad Externado de Colombia), para ser publicado en 2021.
· “Interpretation and Application of the New York Convention in Colombia”, en Recognition and Enforcement of Foreign Arbitral Awards (Springer International Publishing AG 2017 -GA. Bermann Ed.). Ius Comparatum- Global Studies in Comparative Law (2017). Coautor: Eduardo Zuleta.
· “Adición y Solución de Controversias en Contratos de Concesión: Recientes desarrollos en la materia y su impacto en Contratos de 4G”. Infraestructura y Derecho (Editorial Legis). Cámara Colombiana de la Infraestructura (2017) Coautor: Miguel Castro.
· “El Arbitraje Inversionista-Estado y la Internacionalización del Contrato Estatal Colombiano”. Derecho del Litigio Internacional: Herramientas Jurídicas y Estrategia para las Controversias Internacionales en el Siglo XXI. (Editor: Rafael Prieto). Pontificia Universidad Javeriana. (2015)
· “Colombia Enacts a New Arbitration Statute”. Association Suisse de l’ Arbitraje Bulletin (ASA Bulletin Vol. 32 No. 1, 2014)” (Ed. Matthias Scherer). Swiss Arbitration Association, Kluwer Law International. Coautor: Eduardo Zuleta.
· “Global Administrative Law and International Jurisprudence”. Global Administrative Law: Towards a Lex Administrativa. (J. Robalino and J. Rodriguez, eds. 2010). CMP Publishing Limited. Coautores: Eduardo Zuleta y Santiago Jaramillo.
· “El Artículo VII de la Convención de Nueva York: Aproximación por parte de las cortes europeas y norteamericanas”. El Arbitraje Comercial Internacional: Estudio de la Convención de Nueva York con motivo de su 50º aniversario. Abeledo Perrot.
· “The Cumulative Application of the Agreement on Agriculture and the Subsidies and Countervailing Measures Agreement: an approach to agricultural subsidies based on its effects in International Law”. Revista Colombiana de Derecho Internacional. No. 10 November 2007, Universidad Javeriana. Coautores: José Fernando Plata and Felipe Serrano Pinilla.
· “The Never Ending Agricultural Trade Liberalization: Three Substantial Problems”. Revista Colombiana de Derecho Internacional. No. 7 January – May 2006. Coautores: José Fernando Plata and Felipe Serrano Pinilla.
Experience as counsel in international arbitration:
– Counsel to a concessionaire in an ICC arbitration against a multinational construction company based in Spain for disputes arising under an EPC contract for a fourth-generation highway in the Republic of Colombia. The seat of arbitration is Madrid, Kingdom of Spain.
– Counsel to a concessionaire company controlled by an Israeli multinational in an ICDR arbitration against the National Infrastructure Agency of Colombia arising from a concession contract under the concession modality. The seat of arbitration is Bogotá, Colombia.
– Counsel to a concession company controlled by an Australian-based investment fund in an ICDR arbitration against a State arising from a public-private partnership concession contract. The seat of arbitration is Bogotá, Colombia.
– Counsel to a state-owned entity in an ad hoc international arbitration under a Framework Investment Agreement arising from a project to construct, operate, and maintain an oil pipeline. The details of the arbitration are confidential.
– Counsel to a multinational energy company and its domestic subsidiaries in 2 CCB arbitrations against an oil & gas company arising from a BOMT Contract for the delivery of three thermal power plants under a scheme. The details of the arbitrations are confidential.
– Counsel to an international consortium in an ICC arbitration against a state entity arising from a construction contract for constructing a water interceptor tunnel. The place of arbitration was Medellin, Colombia.
– Counsel to an autonomous patrimony of a financing fund in a CCB international arbitration against an international construction consortium derived from three master construction contracts for constructing and delivering 245 schools in a Latin American State. The seat of arbitration is Bogotá, D.C.
– Counsel to a company with Colombian state participation in the hydrocarbons sector in an ICC arbitration against a multinational company engaged in the exploration and exploitation of hydrocarbons derived from a Joint Operating Agreement and an association agreement for the exploration and exploitation of hydrocarbons. The arbitration seat is in London, United Kingdom.
– Counsel to an international private equity fund in an ICC arbitration against a Colombian broker-dealer company arising from a shareholders’ agreement and a share purchase agreement. The arbitration venue was Bogotá, Colombia.
– Counsel to a U.S. oilfield services company in an ICC arbitration against a Panamanian company arising out of disputes under a share and asset purchase agreement and a non-compete agreement. The arbitration seat is in New York, United States.
– Counsel to a multinational in the mining sector against a Swiss-based multinational and other Colombian companies in an ICC arbitration under an association agreement for constructing, operating, and maintaining a railway network in Colombia. The arbitration venue was Bogotá, Colombia.
– Counsel to a multinational in the fats and food industry in an ICC arbitration against a Panamanian company arising from disputes under a share purchase agreement. The seat of arbitration is Bogotá, Colombia.
– Counsel to a multinational oilfield services company in an ICC arbitration against a Colombian company arising from an agency agreement. The arbitration venue was Houston, Texas, United States of America.
– Counsel to an international consortium in an ICC arbitration against a multinational mining company concerning an EPC contract for expanding a seaport. The seat of arbitration is Bogotá, Colombia.
– Counsel to a private investment fund in an ICC arbitration against a multinational company in the energy industry arising from an agreement to operate and maintain a photovoltaic plant. The arbitration was held in New York, United States.
– Counsel to a multinational in the hydrocarbons sector in a UNCITRAL arbitration against a European state-owned entity arising from a BOMT contract for the construction, operation, maintenance, and subsequent return of a cross-border gas pipeline. The arbitration venue was London, United Kingdom.
– Counsel to a multinational in the sector for a Colombian state entity in an ICC arbitration against a consortium formed by multinationals in connection with a construction contract for a hydroelectric power plant in Colombia. The arbitration venue was Bogotá, Colombia.
– Counsel to a multinational beverage company in an ICC arbitration against a Colombian company in connection with a distribution agreement. The place of arbitration is Santiago de Chile, Chile.
– Counsel to an Ecuadorian food sector company in a CIAC arbitration against a Bolivian company (sugar mill) derived from a contract to purchase and sell alcohol. The seat of the Arbitral Tribunal is in Panama City, Panama.
– Counsel to a Colombian company in the food sector in an arbitration under the SCAI Rules (Swiss Chambers’ Arbitration Institution) against a Swiss multinational company arising from a contract for the supply and installation of electromechanical equipment. The arbitration seat is Zurich, Switzerland.
– Counsel to a multinational in the infrastructure sector in an ICDR arbitration against a state entity arising from a concession contract under a public-private partnership.
– Counsel to a multinational in the energy sector in a UNCITRAL arbitration against a Middle Eastern State arising from a bilateral treaty to promote and protect investments. The arbitration venue was London, United Kingdom.
Experience as an international and national referee.
– Chairman of an Arbitral Tribunal under the ICC Rules arising out of contracts for electric energy supply. The place of arbitration is Mexico City, D.F., Mexico.
I am a co-arbitrator in international arbitration under the UNCITRAL Rules between a company in the telecommunications sector and a Latin American State. The arbitration is in Santiago de Chile, and Ecuadorian law applies.
– Co-arbitrator in an ad hoc international arbitration between a mining concessionaire and a construction company regarding a construction contract to expand mining facilities. The arbitration has its seat in Santo Domingo, Dominican Republic, and the applicable law is the law of the Dominican Republic.
– Arbitrator in an ICC arbitration between a Mexican party and U.S. companies relating to disputes under a share purchase agreement. The seat of arbitration is Mexico City.
– Sole arbitrator in an arbitration under the Rules of the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce initiated by a Colombian engineering company against a Colombian state entity. The dispute arises under a construction contract governed by the Inter-American Development Bank’s Procurement Guidelines.
– Sole arbitrator in an arbitration under the Rules of the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce initiated by a Colombian trading company against a Colombian company in the logistics and transportation sector. The dispute arises from a joint venture agreement governed by Colombian law.
– Sole arbitrator in an arbitration under the Arbitration and Conciliation Rules of the Bogotá Chamber of Commerce initiated by a Colombian construction company against a Colombian individual. The dispute arises from a commercial sales contract under Colombian law.
Experience as secretary of international arbitration tribunals
– Secretary of the Arbitral Tribunal constituted under the 1976 UNCITRAL Arbitration Rules initiated by Sergei Viktorovich Pugachev against the Russian Federation. The seat of arbitration is Madrid, Kingdom of Spain.
– Secretary of an Arbitral Tribunal constituted under the 2010 UNCITRAL Arbitration Rules initiated by a hydrocarbon exploration and exploitation company against an oilfield services company. The seat of arbitration is Buenos Aires, Argentina.
– Secretary of an Arbitral Tribunal constituted under the ICDR Rules initiated by a Panamanian multinational against a Colombian company. The arbitration venue was Bogotá, Colombia.
– Secretary of an Arbitral Tribunal under the 1976 UNCITRAL Arbitration Rules. The details of the arbitration are confidential.
Experience as a party counsel in domestic arbitration
– Counsel to a state-owned company in the hydrocarbon sector in two arbitrations against a Canadian multinational company arising from a hydrocarbon transportation contract and a shareholders’ agreement.
– Counseled an oil and gas logistics and transportation company in three arbitrations against a North American multinational arising from an oil and gas transportation contract.
– Counsel to a company in the hydrocarbon transportation and logistics sector in an arbitration against a Canadian multinational company arising from a hydrocarbon transportation contract.
– Counsel to a public utility company in an arbitration against a State arising from a legal stability contract.
Experience as an attorney in other alternative dispute resolution methods
– Advising a Latin American State in a negotiation process in a dispute with Spanish investors notified before the International Centre for Settlement of Investment Disputes arising from a bilateral investment promotion and protection treaty. The dispute arose from differences in regulatory and judicial measures related to the public health service delivery system.
– Counsel to a state entity in an out-of-court settlement of an international arbitration under a Framework Investment Agreement for the joint operation of electric power generation and commercialization companies. The conciliation involves negotiating a new operating framework with multinational companies in the energy sector.
– Counsel to a multinational telecommunications company during the negotiation of a dispute with the Ministry of Technology and Innovation of a Latin American State arising from a concession to operate mobile telephone services.
– Advising a subsidiary of a South African multinational in pre-arbitration ICC negotiations with a German multinational in connection with a dispute under an EPC Contract governed by Swiss law.
– Advised a multinational company in the infrastructure sector in an amicable composition process derived from differences with a state entity under a concession contract for road infrastructure construction, operation, and maintenance.
– Advised a U.S. multinational energy company in a dispute board action against a Colombian engineering company concerning an EPC contract for a hydroelectric power plant under New York law.
– Advising a concessionaire company in the aeronautical sector in a dispute board against a state entity arising from a concession contract to operate and maintain an airport facility.
Experience as a corporate transaction and project finance advisor
– Advised a Canadian company and its Mexican subsidiaries on financing the construction, operation, and maintenance of a 380 km gas pipeline in the State of Chihuahua (Mexico).
– Advising a Latin American State in structuring the privatization of a power generation company. The consultancy included the preparation of the privatization administrative decree, reviewing and renegotiating multiple power purchase agreements (PPAs), and EPC and O&M contracts for numerous hydroelectric plants.
– Advising a company with state participation in financing a hydroelectric project in eastern Colombia. The advisory services included negotiating EPC contracts, Operation and Maintenance (O&M) contracts, and energy supply contracts.
– I advised a private equity fund to finance a photovoltaic project in Colombia. The consultancy included negotiating an EPC contract and an operation and maintenance contract for the photovoltaic installation.
– Advised an energy trading company in the negotiation and execution of a BOMT contract for a photovoltaic installation in the Republic of Colombia.
– I advised a multinational company in the energy sector to negotiate an EPC contract for a hydroelectric power plant.
Experience in litigation arising from arbitration and in international litigation
– Expert appointed by the Constitutional Court of Colombia in the hearings to review the constitutionality of the treaty for the promotion and protection of investments concluded between the Republic of Colombia and the Republic of France. The opinions were cited by the Court in Judgment C-252 of 2019.
– Counsel to a multinational oil services company in recognizing and enforcing an ICC arbitration award before the Colombian Supreme Court of Justice.
– Counsel to a multinational company in the beverage and food sector in the process of recognition and enforcement of an ICC arbitration award before the Colombian Supreme Court of Justice.
– Counsel to a multinational company in the hydrocarbons sector opposing the recognition and enforcement of judicial rulings and preventive measures under international conventions before the Colombian Supreme Court of Justice.
– Counsel to petitioners, shareholders of banking companies, and conglomerates of the infrastructure sector in applications before the Inter-American Commission on Human Rights on a violation of the American Convention on Human Rights.
– Counsel to a multinational in the hydrocarbons sector in a proceeding brought against a State by petitioners before the Inter-American Human Rights System.
– Counsel to individuals in claims before the Inter-American Commission on Human Rights.