FELIPE SUESCÚN DE ROA
partner
Attorney and Law Professor. Acted as counsel, arbitrator and secretary to the tribunal in major domestic and international arbitrations.
Languages:
English (Fluent)
Spanish (Native)
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PROFILE
Experience in the field of domestic and international arbitration and dispute resolution. Acted as counsel, arbitrator and secretary to the tribunal in major domestic and international arbitrations under the auspices of various arbitral organizations and rules, including the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), and the Chamber of Commerce of Bogota (CCB).

Those arbitration proceedings involved disputes in different areas including construction, oil and gas, energy, mining, mergers and acquisitions, post-M&A, investments and general commercial.
Recognized by Legal 500, Chambers & Partners, Who’s Who, Global Arbitration Review, Euromoney, Acritas Stars and Leaders League, as "an excellent lawyer", as well as one of the future worldwide leaders for arbitration under 45 years old, "a risign star", "one of the best for arbitration", among top-five practitioners for commercial arbitration in Colombia, and who is also "very involved in relevant arbitration cases."
Adjunct Professor of Law of Obligations and Civil Liability (including contract and tort liabilities, remedies, etc.) at the Law School of Universidad de los Andes in Bogota, Colombia (2013 to date). In addition, he has been Adjunct Professor of Business Law at such university.

Admitted as Fellow of the Chartered Institute of Arbitrators (FCIArb) in London. This is a high-level Diploma qualification in international arbitration designed for experienced dispute resolution practitioners, which has been awarded to less than 15 people in Latin America.

Counseled national and international companies on matters involving complex commercial contracts as well as general commercial matters.

Before joining the firm as partner, Felipe was foreign associate in the International Arbitration Group of Freshfields Bruckhaus Deringer LLP in Washington D.C., working on international investment arbitrations before ICSID. Also, he worked as an associate in an important colombian law firm, mainly on domestic and international commercial arbitrations (under ICC, CCB and UNCITRAL Rules).
recent representative matters
- Representing Refinería de Cartagena (Reficar), along with King & Spalding LLP, in an ICC international commercial arbitration, seated in New York, under Colombian and New York law, against Chicago Bridge & Iron Company (CB&I), an EPC contractor. The dispute concerns costs and delays in connection with the construction of a refinery in Colombia, with the claim valued at several Billion dollars. Likely it is the largest commercial arbitration currently taking place in Latin America.

- Leading counsel in the defense of two subsidiary companies of Goldman Sachs in a US$1650 million ICC multy-party arbitration, entirely conducted in English, related to transport of coal through a railway network in Colombia.

- Acting as arbitrator -directly appointed by the ICC Court in Paris- in an ICC international commercial arbitration arising out a settlement agreement.
representative case experience
- Susccessfully led the representation of Carbones del Cerrejón Limited, multinational which is the largest mining company in Colombia, in a ICC international arbitration, under Colombian law, against a multinational consortium (Ferrovial Agroman and Sainc Ingenieros), related to the construction of marine works and structures. The tribunal dismissed all claims (US$60 million) brought by the consortium and awarded all counterclaims and damages sought by Cerrejón (US$40 million). Consequently, the Tribunal ordered the consortium paying 100% of both the costs of the arbitration and of the costs of Cerrejón’s legal representation.

- Appointed as secretary to the tribunal in a US$370 million ICC international arbitration related to the enlargement of a thermoelectric plant in Argentina, under both Argentinean and Swiss law.

- Successfully represented Inversiones Prosperidad against Hoteles Estelar for breach in the restitution of one of the biggest hotels in Colombia under a joint venture contract.

- Appointed as secretary to the tribunal in COMMISA v PEMEX, a US$430 million ICC international arbitration related to the construction of off-shore gas plants in Campeche Bay (Mexico), under Mexican law. This is becoming a seminal case in international arbitration since it is one of the few cases around the world which have been set aside in the seat and meanwhile enforced in a different jurisdiction (New York).
education
- LL.M. Georgetown University Law Center.

- Specialist in Commercial Law from Universidad de los Andes in Bogota, Colombia.

- JD Equivalent, Universidad de los Andes.
publications and academic experience
Author of articles and book chapters on arbitration and business law matters. He has published in international publications (i.e., Journal of International Arbitration (Kluwer) and Conflict Prevention & Resolution (CPR)) and domestic ones (i.e., Legis, Temis and journals from universities such as Javeriana, Externado and Andes), including:

- “Mitigación de Daños en Materia Contractual”, (Mitigation of Damages in Contract Law), Vniversitas, Vol. 67, No. 136, Pontificia Universidad Javeriana, Enero-Junio de 2018.

- “Responsabilidad de los Administradores en la Etapa Preconcursal: Situaciones de Pérdidas Patrimoniales” (Director´s Fiduciary Duties Before Insolvency: Events of Equity Loss), E-Mercatoria, vol. 14, N° 2, Universidad Externado, July-December, 2015.

- Book chapter: “Simulación” (Simulation). In: Marcela Castro de Cifuentes (direc.), Law of Obligations, Volume I (Bogotá: Temis, 2015, Second Edition), pp. 502-537.

- “Deberes de los Administradores en fusiones y adquisiciones: la versión colombiana de la píldora venenosa” (Directors’ Fiduciary Duties in M&A Transactions: a Colombian Version of the Poison Pill), Private Law Review No. 53, Universidad de los Andes, June 2015.

- “Investor-state Arbitration in Sovereign Debt Restructuring: The Role of Holdouts”, Journal of International Arbitration 30 No. 2 (2013): 131-154. The Hague, Netherlands: Kluwer Law International.

- “The Business Judgement Rule en los Estados Unidos: Una Regla con Dimensión Procesal y Fuerza Sustantiva” (The Business Judgment Rule in America: A Rule with Procedural Dimension and Substantive Force), 127 Vniversitas, Universidad Javeriana, 2013.

- “Comments on the ICSID Award Saipem v. Bangladesh: Would its rationale be applicable in future cases?” (Winner of an international dispute resolution writing competition organized by the CPR in New York), International Institute for Conflict Prevention & Resolution –CPR, New York, NY, USA, May 2011.

- “La Naturaleza Jurisdiccional como Causante de Complicados Males del Arbitraje en Colombia” (Jurisdictional Nature as the Cause of Complex Problems of Arbitration in Colombia), Commercial Law Forum-International Review, No. 29, Legis, October-December 2010.

- “Orden Público Internacional: Excepción a la Limitación que Imponen los Actos Administrativos a la Competencia de los Tribunales de Arbitramento” (International Public Policy: Exception to the Restriction Imposed by Administrative Orders to the Jurisdiction of Arbitration Tribunals), Private Law Review, No. 44 (Special Edition: Arbitration and International Business Transactions), Universidad de los Andes, July-December 2010.

- “Control Judicial de las Cláusulas Abusivas en Colombia: una Nueva Causal de Nulidad” (Judicial Control of Unfair Terms in Colombia: a New Cause of Nullification), Private Law Review, No. 41 (Special Edition: Insurance Law), Universidad de los Andes, September 2009.


Felipe is a frequent speaker on topics related to domestic and international arbitration and commercial law. Recent speaking engagements include:

- “Cinco Años de la Ley de Arbitraje”, Colombian Arbitration Committee, Bogota, August 8 and 9, 2017.

- “Arbitraje con una Parte Estatal: de la Arbitrabilidad Subjetiva y Otros Demonios”, Launch of the Colombian Chapter of the Spanish Arbitration Club, at the Chamber of Commerce of Bogota, April 12, 2016.

- “Los Recursos de Protección Constitucional en Latinoamérica y su Interacción con el Arbitraje Internacional con Sede Latinoamericana”, The Annual ICDR & CCB International Arbitration & Mediation Conference”, at the Chamber of Commerce of Bogota, October 14 de 2015.

- “Problemas Contemporáneos del Arbitraje Internacional”, Colegio de Abogados Comercialistas (ABOGCOM), Bogota, April 28, 2015.
professional associations
- Fellow del Chartered Institute of Arbitrators (FCIArb) in London.

- Chamber of Commerce of Bogota (CCB) Roster of Arbitrators.

- Director and founder of the Colombian Chapter of the Spanish Arbitration Club.

- Member of the ICC Colombia Arbitration Subcommittee.

- Member of the Colombian Arbitration Committee.

- Fellow "Colegio de Abogados Comercialistas"(ABOGCOM).

- Member of the International Chamber of Commerce Young Arbitrators Forum (ICC YAF) Latin America Chapter.

- Member of the International Centre for Dispute Resolution, ICDR Young & International (the international division of the American Arbitration Association).

- Member of the YIAG International Arbitration Group (sponsored association by the London Court of International Arbitration –LCIA).