Ximena Herrera-Bernal is a counsel in Shearman & Sterling's International Arbitration Group. She has advised companies and States in international arbitrations under the Rules of the ICC, ICSID, CIAC, LCIA and UNCITRAL, with a focus on disputes in oil & gas, power, infrastructure, telecommunications, electricity, sports and distribution sectors. Her experience includes investment treaty arbitration under both bilateral and multilateral treaties as well as commercial arbitration.
Prior to joining Shearman & Sterling, Ximena Herrera-Bernal interned in the Latin American team at the ICC International Court of Arbitration. She also practised in the field of capital markets and project finance in New York and Bogotá and clerked for Justices Vladimiro Naranjo Mesa and Eduardo Cifuentes Muñoz of the Colombian Constitutional Court.
Recent or pending international arbitration matters on which Ximena Herrera-Bernal has worked include the representation of:
- EGAS and EGPC in two commercial arbitrations under the ICC Arbitration Rules against East Mediterranean Gas SAE (EMG) and Israel Electricity Company (IEC), and under the CRCICA Arbitration Rules against EMG; and the Arab Republic of Egypt in two related investor-State arbitrations brought by EMG's shareholders under the Egypt-Poland bilateral investment treaty on the one hand, and the Egypt-Germany and Egypt-US bilateral investment treaties on the other hand. The dispute arises from a long-term gas supply agreement.
- SAUR International, a leading French service management company in the field of water, energy and cleanliness, as Claimant in an ICSID arbitration against the Argentine Republic (ICSID Case No. ARB/04/4). The dispute arose out of violations by Argentina of obligations owed to our client under the France–Argentina bilateral investment treaty in relation to a water and sewer services concession in Argentina. On May 22, 2014, the Tribunal held that Argentina had expropriated SAUR’s investment in the concession without compensation and awarded our client USD 59 million. The Tribunal entered a significant costs award in favor of the Claimant. We also successfully represented SAUR International in proceedings initiated by the Argentine Republic before an ICSID Ad hoc Committee to seek the annulment of the award obtained by our client.