Foley Hoag LLP

Chairs of Latin America Practice: Clara Brillembourg, Ken Figueroa

Number of partners: 146

Number of other lawyers: 179

Main Areas of Practice:

International Litigation & Arbitration:

Foley Hoag’s international litigation and arbitration practice includes over 50 highly experienced international litigators. The firm’s lawyers are trained in both the common and civil law systems, fluent in more than 20 languages, and highly regarded for their skill in both written and oral advocacy. Other practice areas: business, energy & environment, IP, real estate & development, labour & employment, business litigation & commercial arbitration, and regulatory and government strategies.

Foley Hoag represents clients in a wide range of disputes and transactions worldwide, including Latin America and is currently instructed by Uruguay, Peru, Nicaragua, Guyana, Brazil, Ecuador and Panama, among other States. The firm offers clients market-leading international legal services from offices in Washington D.C., Boston, New York and Paris. It has expertise in litigation and arbitration between sovereign States; investor-State arbitration; international commercial and construction arbitration; complex business, financial, and investment transactions; advisory work before the UN; litigation before US and French courts; and global business and human rights.

Foley Hoag’s international dispute resolution work began in Latin America with the successful representation of Nicaragua in the landmark case against the U.S. before the International Court of Justice. Since then, our practice has grown and evolved to become a leading defender of Latin American States and State-owned entities in State-State disputes, Investment Arbitration, Commercial Arbitration, and in litigation before U.S. and French courts.

No other firm has represented as many Latin American States in international arbitration, international and domestic litigation, and related matters. Our main areas of practice include:

State-to-State disputes:

Foley Hoag has an unparalleled record representing States in disputes against other States. For the past 30 years, the firm’s lawyers have successfully acted in inter-State disputes before the ICJ, ITLOS, the WTO, and other tribunals around the world. The breadth of Foley Hoag's current expertise in State-to-State litigation is evident from the most recent case docket of the ICJ: we are counsel in nearly half of the cases now pending before the World Court. Our success stems from our attorney’s ability to combine legal argumentation of the highest caliber with a unique capacity to investigate, assemble, organize, and present factual evidence, including expert and witness testimony, in support of our sovereign clients’ claims and defenses. The firm has advised on a variety of cutting-edge international legal issues, including maritime and land boundary disputes; cross-border environmental and sustainable development issues; and human rights and international humanitarian law. The firm recently helped Guyana obtain a favorable ruling on jurisdiction in a boundary dispute before the ICJ against Venezuela concerning over a third of Guyana’s territory.

Investor-State Arbitration:

Foley Hoag represents sovereign States and State-owned entities in investor-State disputes in all of the world’s principal arbitral institutions including ICSID, the PCA, and the SCC. After its landmark victory in the Philip Morris International arbitration, the firm obtained other victories for Uruguay, recently an arbitral tribunal dismissed a US$4 billion claim against Uruguay over a failed mining investment, upholding the State’s jurisdictional objections and ordered the claimants to pay Uruguay over US$4 million in attorney’s fees and costs. It has also obtained a partially favorable decision on liability for the Republic of Peru in a case involving the construction of the city of Lima’s metro system. Current representations include representing Panama in two treaty-based arbitration arising from the expansion of the Panama Canal; representing Ecuador in the damages phase of an investor-State arbitration conducted under the UNCITRAL Rules. The case concerns a 2011 judgment issued by a court in Ecuador, involving a US $9.5 billion judgment, among others.

International Commercial & Construction Arbitration:

Foley Hoag represents both State-owned corporations and private companies in international commercial and construction arbitrations. Many of Foley’s attorneys also serve as experienced arbitrators in international commercial arbitrations.

Representation of States in Domestic Courts:

Foley Hoag also represents clients in the national courts of the United States and France related to a variety of issues, including foreign sovereign immunity, motions to compel arbitration and to stay litigation, anti-suit injunctions, the recognition and enforcement of arbitral awards, and the vacatur of adverse awards. Recently Foley Hoag Secured another victory for Peru in U.S. courts based on the Foreign Sovereign Immunities Act – this is the third victory protecting Sovereign State Immunity in as many months.