Guillermo Salcedo Salas
Senior Associate
A dual French-Colombian national, with over 10 years of legal experience, Guillermo Salcedo Salas is an avocat à la cour of the Paris Bar (2023) and a certified Colombian lawyer (2008).
With a distinguished track record in both commercial and investment arbitration, Guillermo has represented and advised states, ministries, state entities, multinational corporations and individuals in over 40 international arbitrations under some of the prominent arbitration rules (ICSID Convention, ICSID Convention’s Additional Facility, UNCITRAL, ICC and CRCICA). His experience spans over a diverse array of economic sectors, such as construction, energy, oil and gas, industrial production, agriculture, food, real estate and transportation.
Among his most recent engagements, a highlight is his representation of the Republic of Peru in a trilogy of arbitrations related to the concession contract for one of South America’s most important public infrastructure projects: Lima’s second metro line. He also represents Georgia in an ICSID arbitration related to a real estate project in Tbilisi. Guillermo further represents the Republic of Peru in two ICSID arbitrations related, respectively, to the concession contract for the construction of a wastewater treatment system in the region around Lake Titicaca and a concession contract to roll out a nationwide telecommunications network in Peru.
Before joining the firm, Guillermo served as an international arbitration consultant for various law firms and corporations in Europe and Latin America. He also spent several years in the international arbitration group of a US law firm based in Paris. Guillermo is trilingual in English, French and Spanish, and has a working knowledge of Portuguese.
Experience Involving Sovereign Clients and State Entities
- Representing the Republic of Peru in TV Azteca S.A.B de C.V. and Azteca Comunicaciones Perú S.A.C. v. Republic of Peru (ICSID Case No. ARB/23/37), a telecommunications sector dispute arising from the Mexico-Peru Free Trade Agreement and a concession contract to roll out a nationwide telecommunications network in Peru.
- Representing Georgia in Basel LLC and Ronald Waldmann v. Georgia (ICSID Case No. ARB/23/23), under the Georgia-Switzerland BIT. The dispute concerns a real estate investment wherein the nexus of the investors’ grievances pertains to Georgia’s purported delay and eventual refusal to grant essential permits, which allegedly led to an almost total loss of the investors’ investment.
- Representing the Republic of Peru in Operadora Ecológica del Titicaca S.A.C. v. Republic of Peru (ICSID Case No. ARB/23/11), a dispute arising from a concession contract for the construction of a wastewater sanitation system in the region surrounding Lake Titicaca.
- Representing the Republic of Peru in Metro de Lima Línea 2, S.A. v. Republic of Peru (ICSID Cases No. ARB/17/3, ARB/21/41 and ARB 21/57), a trilogy of arbitrations arising from the concession agreement for the construction of Line 2 of the Lima Metro, one of the most emblematic transportation projects currently underway in Latin America.
- Represented a South American state and a state entity against various European construction companies in two parallel ICC arbitrations concerning the construction of the national railway system. Both ICC tribunals admitted the respondents’ ratione voluntatis objection and ordered the claimants to reimburse the respondents’ costs.
- Represented a North African state entity in an ICC arbitration in Paris and in two CRCICA arbitrations in Cairo and Madrid initiated by a Spanish gas buyer. The arbitrations, which involved claims for more than US$4 billion, arose under a tolling agreement and a related long-term gas supply agreement. The ICC tribunal dismissed the claimant’s US$300 million claim. The Madrid-seated tribunal equally dismissed the entirety of the US$3.6 billion claim. Finally, in the Cairo-seated CRCICA arbitration, the tribunal dismissed the US$10 million claim brought against the state entity.
- Represented the Bolivarian Republic of Venezuela in three annulment proceedings under the ICSID Convention arising from nationalisation in the oil and gas sectors, and the fertiliser and food industries:
- ConocoPhillips Petrozuata B.V., ConocoPhillips Hamaca B.V., and ConocoPhillips Gulf of Paria B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30), related to the nationalisation of three oil projects in the Orinoco Belt and state measures altering the fiscal and royalty regime of the projects.
- Koch Minerals Sàrl and Koch Nitrogen International Sàrl v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/19), related to the nationalisation of the shareholding in a joint venture responsible for operating a fertiliser manufacturing plant, and of an offtake agreement.
- Longreef Investments A.V.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/5), related to the nationalisation of a coffee factory. The claimant alleged violations of the applicable standards of expropriation, fair and equitable treatment, and denial of justice.
- Represented the Bolivarian Republic of Venezuela in 13 arbitrations, arising under various instruments of public international law, including treaties with, among others, the UK, the Netherlands, Spain and Switzerland, related to the alleged nationalisation of assets in multiple sectors, such as oil and gas, transportation, industrial production, petrochemical industry, agriculture, transportation, insurance and food:
- Kimberly-Clark Dutch Holdings, B.V., Kimberly-Clark S.L.U., and Kimberly-Clark BVBA v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/18/3), concerning the nationalisation of a personal hygiene products factory. The claimants alleged violations of the applicable standards of expropriation and fair and equitable treatment. The arbitral tribunal accepted the ratione voluntatis jurisdictional objection and ordered the claimants to pay the arbitration costs.
- Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/21), running parallel to the OI European Group BV case and concerning the nationalisation of glass manufacturing plants. The claimants alleged violations of the applicable standards of expropriation, fair and equitable treatment, arbitrary and discriminatory measures, full physical security and protection, the umbrella clause, and free transfer of currencies. The arbitral tribunal accepted the ratione voluntatis jurisdictional objection and rejected all claims by the claimants.
- Fernando Fraiz Trapote v. Bolivarian Republic of Venezuela (PCA Case No. 2019-11) concerning state measures taken regarding a group of telecommunications companies. The claimant alleged violations of expropriation and fair and equitable treatment standards. The arbitral tribunal accepted the ratione personae jurisdictional objection and rejected all claims, ordering the claimant to pay part of the arbitration costs.
- Venezuela Holdings B.V., et al., v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/27), related to the nationalisation of two oil projects in the Orinoco Belt and state measures that altered the fiscal and royalty regime of the projects. The claimants alleged violations of the applicable standards of expropriation and fair and equitable treatment. Following the partial annulment decision and because of the effect of prior awards, in these resubmitted proceedings, the claimants were awarded US$76 million out of the originally requested US$1.4 billion.
- Air Canada v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/17/1), related to the impact of exchange control measures on the claimant’s commercial activities. The claimant alleged violations of the standards of expropriation, fair and equitable treatment, and free transfer of currencies. The tribunal rejected the expropriation claim, and accepted claims concerning fair and equitable treatment, as well as free transfer of currencies. Out of the US$213 million claimed, the claimant was awarded US$20 million.
- OI European Group BV v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/25), concerning the expropriation of glass manufacturing plants. The claimant alleged violations of the standards of expropriation, fair and equitable treatment, arbitrary and discriminatory measures, full physical security and protection, umbrella clause and payment transfer. The arbitral tribunal rejected all the claimant’s claims, except for expropriation, awarding it approximately a third of its original claim.
- Koch Minerals Sàrl and Koch Nitrogen International Sàrl v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/19), related to the nationalisation of the shareholding in a joint venture responsible for operating a fertiliser manufacturing plant, and of an offtake agreement. The claimants alleged violations of the standards of expropriation, fair and equitable treatment, full physical security and protection, arbitrary and discriminatory measures, national treatment and umbrella clause. The arbitral tribunal rejected all the claimants’ claims, except for expropriation, awarding them less than half of their original compensation claim.
- Vestey Group Ltd v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/06/4), concerning the expropriation of large estates and an agricultural exploitation company. The claimant alleged violations of the standards of expropriation, fair and equitable treatment, full physical security and protection, and arbitrary and discriminatory measures. The arbitral tribunal rejected all the claimant’s claims, except for expropriation, ultimately awarding it two-thirds of its original compensation claim.
- Luis Garcia Armas v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/16/1), related to the nationalisation of food production companies. The claimant alleged violations of the standards of expropriation, fair and equitable treatment, arbitrary and discriminatory measures, and national treatment.
- Venoklim Holding B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/17/4), concerning the nationalisation of an industrial complex for the manufacture of petrochemical products and lubricants. The claimant alleged violations of the standards of expropriation, fair and equitable treatment, arbitrary and discriminatory measures, and national treatment.
- Liberty Seguros, Compañia de Seguros y Reaseguros and Liberty UK y Europe Holdings Limited (UK) v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/20/3)and Liberty Seguros, Compañía de Seguros y Reaseguros S.A. v. Bolivarian Republic of Venezuela (PCA Case No. 2021-35), two parallel arbitrations related to the impact of exchange control measures on the claimants’ commercial activities. They alleged violations of the standards of expropriation, fair and equitable treatment, and free transfer of currencies.
- Raimundo J. Santamarta Devis v. Bolivarian Republic of Venezuela (PCA Case No. 2020-56), concerning the nationalisation of a pharmaceutical products factory. The claimant alleged violations of the standards of expropriation, fair and equitable treatment, arbitrary and discriminatory measures and national treatment.
- Represented the Arab Republic of Egypt in Bawabet Al Kuwait Holding Company v. Arab Republic of Egypt (ICSID Case No. ARB/11/6). The Egypt-Kuwait BIT was applicable to the dispute, which concerned the operation of a fertiliser production plant and an associated long-term gas supply contract. The claimant claimed, among others, breach of the standard of fair and equitable treatment. The case was settled.
- Represented the investor in SAUR International v. Republic of Argentina (ICSID Case No. ARB/04/4) in an annulment proceeding before an ad hoc committee under the ICSID Convention. The dispute arose due to the decision taken by the local government regulatory body, the Province of Mendoza, to freeze tariffs, and various actions by administrative entities to address the country's economic crisis.
- Represented a European life sciences company, acting as respondent in an institutional arbitration brought by a European chemical company seeking indemnification under a share purchase agreement.
- Represented a North African company in an ICC arbitration against a European corporation. The dispute arose from an agreement for the construction of liquefied petroleum gas facilities.
- Represented two South American national oil corporations in an ICC arbitration against an Asian national oil company. The dispute arose from the enforcement of an agreement concerning the exploration and joint management of offshore oil platforms.
- Represented a South American company in an ICC arbitration against a European manufacturer concerning the wrongful termination of a distribution agreement.
- Representing a Spanish engineering services company and its Latin American subsidiary as respondents in a multiparty complex dispute concerning a turnkey contract for the construction of a combined-cycle power plant.
- Representing a South American construction company during the negotiation and endorsement of numerous settlement agreements with its creditors.
Education
- University Paris Saclay, Master II, Arbitration and International Trade, 2011
- University Paris Saclay, Master I, Private Law, 2010
- University Pontificia Universidad Javeriana, LL.B., 2008
Admissions
- Paris, 2023
- Colombia, 2008
Languages
- Spanish
- English
- French
- Portuguese