GAP HEADNOTE SERIES – EPISODE 2: ARGENTINA
Episode 2 (2 February 2023) featured a discussion of the Argentine National Chamber of Commercial Appeals decision in Fiambala v. Cammesa, as part of our ‘A Case in Time’ Headnote series.
Federico Campolieti and Santiago Lucas Peña of Bomchil, the authors of the GAP chapter on Argentina, considered the first time that an Argentine court decided that an award issued under the 2010 UNCITRAL Rules in not subject to appeal, followed by comments from Ophélie Divoy of DLA Piper and a Q&A with the participants.
ABOUT THE GAP AND THE SPEAKERS
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Federico Campolieti, es abogado por la Facultad de Derecho de la Universidad de Buenos Aires. Tiene un posgrado en derecho administrativo por la misma Universidad y un máster en derecho público por la Universidad de París I – Panthéon Sorbonne. Es socio del departamento de arbitraje internacional de Bomchil. Ha asesorado y representado empresas y Estados en diferentes arbitrajes internacionales ante el CIADI, así como en diversos arbitrajes comerciales internacionales bajo diferentes reglas (ICC, ICDR, UNCITRAL, etc.). También se ha desempeñado como árbitro en distintos arbitrajes internacionales bajo reglas ICC y UNCITRAL. Ha trabajado como asociado extranjero en Dechert LLP (París) durante los años 2013 y 2014, interviniendo en diversos arbitrajes de inversión. Actualmente es miembro de la Corte Internacional de Arbitraje de la Cámara de Comercio Internacional
Santiago Peña is a senior associate of Bomchil and is part of the International Arbitration department. His practice focuses on advising corporate clients in international litigation and arbitration. Santiago graduated with honours as a lawyer from the University of Buenos Aires (UBA) in 2011 and has completed a Master’s Degree in Business Law at the Austral University. He is a regular professor of civil and commercial contracts at UBA and has published several works on topics of his specialty.
Ophélie Divoy is counsel at DLA Piper in Paris and her practice focuses on international commercial arbitration, investment arbitration, as well as domestic proceedings in connection with arbitration or involving international private law issues. Ophélie Divoy is a French avocat registered with the Paris Bar, graduate of ESSEC Business School (Programme Grande Ecole, 2012), Université Paris 1 Panthéon-Sorbonne (Master Droit des Affaires, 2011) and Oxford University (LLM, 2013). She joined DLA Piper’s international arbitration team in 2014. She has a vast experience of international commercial arbitration as well as investment arbitration, in particular of arbitration proceedings under the rules of the ICC, UNCITRAL, ICSID, but also CCJA or AFSA. She represents clients in disputes related to a variety of business sectors, notably energy, telecommunications, defense or life sciences. She has notably built a specific expertise in complex pharmaceutical and industrial disputes, and in business law litigation (post-acquisition and shareholders disputes), as well as in disputes involving OHADA law issues. Ophélie also has a significant experience of arbitration-related litigation, and is frequently involved in domestic proceedings before the French courts in relation to petitions to set aside arbitral awards, as well as domestic proceedings before the French and foreign domestic courts (notably in the OHADA geographic area) in relation to the recognition and enforcement of arbitral awards. Ophélie is fluent in French, English and Spanish and works in these three languages. She was notably seconded to the office of Lima (Peru) of DLA Piper during several months in 2019. Ophélie also teaches, speaks and publishes regularly on arbitration-related topics, in France and abroad. Finally, Ophélie actively contributes to the firm’s pro bono activities. She regularly advises the United Nations High Committee for Refugees to facilitate settlement of disputes, in particular on the African continent. Ophélie was recently distinguished by the Best Lawyers 2022 ranking in the “Ones to Watch” category in Arbitration and Mediation.