Martinez, Alexis

Alexis Martinez

Partner

Multilingual and dual-qualified, Alexis Martinez excels in large-scale multilingual and multi-jurisdictional disputes.

Alexis is qualified in both England and France and has unparalleled experience working on investment treaty and energy arbitrations in English, Spanish and French.

Alexis’ recent energy arbitration successes involve the payment of hundreds of millions of US dollars to clients in several pricing disputes under long-term natural gas and LNG contracts. His commercial arbitration practice encompasses complex energy, construction, mining, and financial disputes.

Highlights of Alexis’ investment treaty arbitration experience involve the successful representation in multiple cases of Slovakia, the Czech Republic, Uzbekistan and other states. He has also acted for claimants against states in 11 cases in Latin America, Africa, Asia and the Caribbean, all of which resulted in favourable multimillion awards or settlements.

Alexis has extensive experience advising sovereigns and international companies on public international issues, such as the extent and international impact of sovereign rights, international sanctions, and the application of international treaties.

Alexis also acts as arbitrator.

Alexis has been recommended for international arbitration by The Legal 500 since 2016, and recognised as a Future Leader by Who’s Who Legal: Arbitration since 2017.

Explore

Energy Arbitration

  • Advising a European gas buyer in an emergency arbitration, followed by “baseball” gas price arbitration in Southern Europe under the ICC Rules relating to a long-term LNG supply contract.
  • Advising a European gas buyer in a gas price arbitration in six different European markets under the ICC Rules relating to a long-term LNG supply contract with a sum in dispute in excess of US$1 billion.
  • Advising a European gas buyer in a gas price arbitration in Southern Europe under the ICC Rules relating to a long-term pipeline gas contract with a disputed amount in excess of US$1.3 billion, which led to a favourable settlement.
  • Advising a European gas buyer in a gas price arbitration in Southern Europe under the ICC Rules relating to a long-term pipeline gas contract with a sum in dispute in excess of US$2 billion, which led to a favourable settlement.
  • Advising a European gas buyer in a gas price arbitration in Southern Europe under the ICC Rules relating to a long-term LNG supply contract with a disputed sum in excess of US$800 million, which led to a favourable settlement.
  • Advising a large Chinese state-owned mining company defending a claim arising from a natural resources transaction.
  • Advising a Russian state-controlled oil and gas company in the mediation of a significant dispute concerning the construction of a petroleum refinery.
  • Seconded for four months to the Mumbai office of BG Group to advise on an arbitration under the UNCITRAL Rules in relation to a dispute arising under two PSCs with claims in excess of US$1 billion. 

Investment-Treaty Arbitration

  • Advising the Slovak Republic in Spółdzielnia Pracy Muszynianka v. Slovak Republic, PCA Case Nº AA629, a treaty arbitration governed by the UNCITRAL Rules and the Poland – Slovak Republic BIT in connection to alleged rights to water natural resources.
  • Advising the Slovak Republic in EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic, ICSID Case No. ARB/14/14, an ICSID dispute under the US – Slovak Republic and Canada – Slovak Republic BITs in connection with the withdrawal of a mining license, valued over US$1 billion, leading to a complete victory for the Slovak Republic.
  • Advising the Czech Republic in seven claims under the Energy Charter Treaty a various BITs arising from modifications to the legal framework applying to solar power.
  • Advising the investor in Millicom International Operations B.V. et al. v. Republic of Senegal, ICSID Case No. ARB/08/20, an ICSID dispute under the Netherlands – Senegal BIT, which settled on innovative terms very favourable to the investor.
  • Advising the investor in British Caribbean Bank Limited v. The Government of Belize, PCA Case No. 2010-18, a dispute governed by the UNCITRAL Rules and the Belize – United Kingdom BIT, leading to a US$25.1 million award in favour of the investor.
  • Advising the investors in Gemplus S.A., SLP S.A., Gemplus Industrial S.A. de C.V. v. United Mexican States, ICSID Case No. ARB(AF)/04/3, and Talsud S.A. v. United Mexican States, ICSID Case No. ARB(AF)/04/4, a dispute governed by the ICSID Additional Facility Rules, and the France – Mexico and the Argentina – Mexico BITs, resulting in a US$15.5 million award, compound interest and US$5.3 million in costs.
  • Advising Uzbekistan in Romak S.A. v. The Republic of Uzbekistan, PCA Case No. AA280, a dispute governed by the UNCITRAL Rules and the Switzerland – Uzbekistan BIT, resulting in complete victory.
  • Advising a Mediterranean state in two confidential multibillion investment treaty claims (PCA Case No. AA272 and PCA Case No. AA273) governed by the UNCITRAL Rules, resulting in complete victory in both cases.
  • Advising in Buenos Aires claimants in Siemens v. Argentina (ICSID Case No. ARB/02/8), Telefónica v. Argentina (ICSID Case No. ARB/03/20), Azurix v. Argentina (ICSID Case No. ARB/01/12), CMS v. Argentina (ICSID Case No. ARB/01/8), Enron v. Argentina (ICSID Case No. ARB/01/3), and Camuzzi v. Argentina (ICSID Case No. ARB/03/7), resulting in US$ multimillion favourable awards or settlements.

Arbitrator

  • Appointed by the LCIA to act as arbitrator in LCIA Case No. 163438, a dispute under three commercial contracts.

Education

  • Panthéon-Assas University, DEA, Droit des Relations Economiques Internationales, 2002
  • Panthéon-Assas University, Maitrise en Droit, 2001
  • University College London, Diploma, English Law, 2001
  • Panthéon-Assas University, Licence en Droit, 2000

Admissions

  • England and Wales, 2007
  • France, 2004

Memberships and Affiliations

  • Member, Study Group on the Practice and Procedure of International Tribunals, International Law Association
  • Member, LCIA, The London Court of International Arbitration
  • Member, YAG, The Association Suisse d'Arbitrage
  • Member, YAF, The International Chamber of Commerce
  • Member, Young & International, ICDR
  • Member, Club Español del Arbitraje
  • Member, The Moot Alumni Association

Languages

  • English
  • French
  • Spanish
  • Recognised as a Future Leader by Who's Who Legal: Arbitration 2018
  • Recommended in The Legal 500 UK 2017 for International arbitration

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Speaking Engagements

  • Speaker, “The Current Status of ‘Treaty Shopping’ and Denial of Benefits Clauses”, Prague BIT Conference, 26 October 2017.
  • Speaker, “Cálculo de daños por violaciones de diferentes estándares de protección”, V Seminario Internacional de Arbitraje de Inversión, Instituto Peruano de Arbitraje, 3 October 2017.
  • Speaker, “Hoping for the best, ensuring investment treaty protection”, Building the Future of Domestic and International Arbitration in India, Indian Council of Arbitration, 29 July 2017.
  • Speaker, “Energy and baseball arbitration – the reality”, Building the Future of Domestic and International Arbitration in India, Indian Council of Arbitration, 29 July 2017.
  • Speaker, “Arbitration clauses: the importance of emergency arbitration”, Building the Future of Domestic and International Arbitration in India, Indian Council of Arbitration, 28 July 2017.
  • Speaker, “Clash Between the Common Law and Civil Law Approach in International Arbitration – Differences in Advocacy and Pleading”, YAF – Cambridge Arbitration Day, University of Cambridge, 17 March 2017.
  • Moderator, “Party Representation Costs, and Costs of the Arbitration”, Young ICCA – Kosovo Permanent Tribunal of Arbitration, 23 February 2017.
  • Speaker, “Investor Treaty Arbitration in the Central and Eastern Europe: a regional experience”, Kosovo Arbitration Days, Kosovo Permanent Tribunal of Arbitration, 22 February 2017.
  • Speaker, “Salient issues in BIT and ICSID Arbitration”, Symposium: Salient Issues in International Commercial Arbitration, Center on International Commercial Arbitration of the American University's Washington College of Law, November 2015.
  • Speaker, “Building Blocks of a Successful International Arbitration Career”, ICC YAF Conference.
  • Speaker, “International Arbitration: The Reality”, legal seminar.
  • Speaker, 15th Croatian Arbitration and Conciliation Days: State Defences in Bilateral Investment Treaty Arbitration.

Publications

  • "Arbitration in Africa: Past, Present, and Future", Kluwer Arbitration Blog, 13 January 2016.
  • “A Modest Proposal for Preventing Multipartite Arbitrations from Being a Burden to the Parties and for Making Them Beneficial to the Parties,” 5 Am. U. Bus. L. Rev. 355, 2015-2016.
  • Le Pouvoir d’Intervention des Juridictions Indiennes dans l’Arbitrage, 1 Cahiers de l’Arbitrage 9, 2013.
  • The International Chamber of Commerce's Note on the Appointment, Duties and Remuneration of Administrative Secretaries, 6 Internationl Arbitration Law Rev 50, 2012.
  • P.R.I.M.E. Finance – benefits and challenges, Allen&Overy Publications, 31 October 2012.
  • Resource nationalism: Protecting Investor's rights, Mining Journal, 2 March 2012.
  • “Dallah, a Tale of Two Judicatures”, 4 Int'l Arbitration Law Rev., 2011.
  • “Reform of French Arbitration Law”, Practical Law Company, 1 March 2011.
  • “Changes to the VAT Treatment of Arbitration Services in the EU”, 7-1 TDM, 2010.
  • Chapter on “Invoking State Defences in Investment Treaty Arbitration” in “The Backlash against Investment Arbitration”, Kluwer Law International, 2010.
  • Chapter on “Investment Arbitration” in “International Arbitration Checklists” Juris, 2009.
  • “Analysing The Growth Of Islamic Law In International Arbitration And Dispute Resolution”, 24-1 Mealey's Intl. Arb. Rep. 20, 2009.
  • “Is Invoking State Defences In Investment Arbitration A Waste Of Time And Money?”, 15 Croatian Arbitration Yearbook 89, 2008.
  • “Noble Energy Inc & MachalaPower Cia Ltda v. Ecuador & Consejo Nacional de Electricidad Case Report”, 23-9 Mealey's Intl. Arb. Rep. 16, 2008.
  • “Can A Commercial Arbitral Award Be Enforced Through ICSID Proceedings? The Case Of Saipem v. Bangladesh”, 22-6 Mealey's Int. Arb. Rep. 1, 2007.