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University of Paris II, D.E.A. in International Private Law and International Trade, 1991
University of Paris II, D.S.U. in EU Law, 1991
New York University, MCJ (LL.M.) Fulbright scholar, 1988
Pontificia Universidad Javeriana, (Bogotá - Colombia), J.D. and Economics, 1985
Fernando Mantilla-Serrano is a partner in Shearman & Sterling’s International Arbitration Group. He has represented companies, states and state-owned entities in international arbitration cases, with emphasis on international contracts, construction, energy, banking, corporate and general commercial matters. He has also served as sole arbitrator, party-appointed arbitrator or Chairman in domestic and international arbitral proceedings. He is a member of the ICSID Panel of Arbitrators. Fernando Mantilla-Serrano is an expert on arbitration in Latin America.
Fernando Mantilla-Serrano joined Shearman & Sterling as a partner in 2003. Prior to joining the firm, he was a partner and head of the international arbitration practice at Garrigues in Madrid, Spain; legal counsel at the ICC International Court of Arbitration; foreign associate with the law firm of Bracken & Margolin, New York; and in-house counsel for the Colombian Banking Association and for Acerías Paz del Río (steel mill). He appears in Latin Business Chronicle’s ranking of “Latin America’s Legal Stars 2013”, a ranking of the top 50 lawyers working in and with Latin America and the Caribbean in 2013.
Recent or pending arbitrations in which Fernando Mantilla-Serrano has appeared as Counsel include the representation of:
- The wholly owned Brazilian subsidiary of a French proprietor of the name brand for luxury clothing and accessories, as Respondent in an ICC arbitration brought by a Brazilian textile manufacturer. This multi-contract dispute involves a series of licensing agreements for the use of our client’s name brand and distinctive logo in the distribution and marketing of clothing in Brazil. It is the subject of two parallel arbitral proceedings and of local proceedings for interim measures before the Brazilian courts. Brazilian law is applicable, the languages of the arbitration are Portuguese and French and the seat of the arbitration is London.
- A European construction company, and two of its subsidiaries, one European and the other Central American, as Claimants in an ICC arbitration, against the electrical power authority of a Central American country. The place of arbitration is Mexico City. The language of the proceedings is Spanish, and the applicable law is the law of Mexico. The controversy arose from a contract for the conversion of a gas-fired electrical power plant to a combined-cycle plant and deals with issues related to force majeure and alleged breach of contract.
- The Eastern European subsidiaries of a major European energy company, as Claimants in an ICC arbitration against a CIS-owned company which operates a gas-fired power plant in southeastern Europe. The dispute arose out of early termination of an Electricity Supply Agreement. The place of arbitration is Budapest, the law of the Eastern European nation applies and the language of the proceedings is English.
- The Latin American subsidiary of a European oil and gas company as Respondent in an ICC arbitration commenced by the Latin American subsidiary of a North American company. The dispute relates to the termination of a Farmout Agreement and the Claimant’s loss of its alleged right, pursuant to that Agreement, to participate in several oil and gas blocks in South America. The amount in dispute is approximately US$25 million. The language of the arbitration is English, and its seat is London. The law of England and Wales is applicable to the dispute.
- France Telecom, the leading French telecommunications company, and SAUR International, a leading French service management company in the field of water, energy and cleanliness, in two ICSID arbitrations against the Argentine Republic. The disputes arose out of the violations by Argentina of its investment treaty obligations owed to our clients in relation to their respective business in Argentina. The case brought by France Telecom (ICSID Case No. ARB/04/18) was recently settled by the parties. The amount at stake was in excess of US$150 million. In the proceedings brought by SAUR against the Argentine Republic (ICSID case No. ARB/04/4), our client obtained a favorable decision on jurisdiction on February 27, 2006. The proceedings were subsequently suspended by agreement between the parties. The amount at stake was in excess of US$80 million.
Selected Professional & Business Activities
- Member, ICC International Court of Arbitration
- Fellow, Chartered Institute of Arbitrators (CIArb)
- Founding member of the Latin American Council of the London Court of International Arbitration (LCIA)
- Member, Swiss Arbitration Association (ASA)
- Member, International Arbitration Institute (IAI)
- Member, International Law Association (ILA)
- Summer visiting professor at the Universities Complutense and Menéndez Pelayo in Spain
- Lecturer, Université de Versailles, International Arbitration Master
- Lecturer, Université de Paris XI, International Arbitration Master
Fernando Mantilla-Serrano has authored numerous articles on arbitration, in Spanish, English and in French, including in Arbitration International, Revue de l’arbitrage (France), Journal of International Arbitration, Revista de la Corte Española de Arbitraje, and Revista Internacional de Arbitraje. He is also the author of a volume on the new Spanish Arbitration Act, Ley de Arbitraje – Una perspectiva internacional (Iustel, Madrid, 2005). For a list of publications, see http://www.iaiparis.com/.
Italian (working knowledge)