Álvaro Nistal | People | Arnold & Porter

Álvaro Nistal focuses his practice on international investment law and public international law. He has represented sovereign States and commercial entities in numerous arbitrations governed by the ICSID, PCA, SCC, UNCITRAL, and ICC rules. He also has advised clients on nearly a dozen International Court of Justice proceedings, as well as on multiple other international disputes litigated before the International Criminal Court, the Inter-American Court of Human Rights, a range of UN bodies, and national courts of various States. Mr. Nistal has participated in adversarial proceedings conducted in English, Spanish, and French for States and private clients from the Americas, Europe, Africa, the Middle East, and Asia.

Mr. Nistal also has advised sovereign States, international organizations, and private clients on a wide range of public international law matters, including negotiations of investment treaties, investment restructuring, enforcement of arbitral awards, exploitation of natural resources in disputed areas, sanctions, international trade law, treaty law, sovereign and diplomatic immunities, statehood, land and maritime delimitation, human rights, international humanitarian law, international criminal law, and sovereignty issues.

Mr. Nistal is a Visiting Lecturer at Queen Mary University of London and King’s College London, where he teaches International Dispute Resolution and Oceans Governance. He also has taught public international law and international investment law at King’s College London, SOAS University of London, Universidad Iberoamericana and other leading universities. Mr. Nistal is a frequent speaker at international conferences and regularly provides training to senior public officials and the legal departments of global corporations. He also has published a book chapter on sovereign immunities and investor-State awards, as well as articles on issues such as international dispute resolution, the law of the sea, the international law implications of the COVID-19 pandemic and business and human rights.

Focus Areas

Experience

Enagás Internacional S.L.U. v. Republic of Peru (ICSID Case No. ARB/21/65).
Kaloti Metals & Logistics, LLC v. Republic of Peru (ICSID Case No. ARB/21/29).
Anglo American plc v. Republic of Colombia (ICSID Case No. ARB/21/31).
Upland Oil and Gas LLC (USA) and Upland Oil and Gas LLC (Perú) v. PeruPetro S.A. (ICSID Case No. ARB/22/19)
Glencore International A.G. v. Republic of Colombia (ICSID Case No. ARB/21/30).

Infinito Gold Ltd. v. Republic of Costa Rica (ICSID Case No. ARB/14/5)—Annulment Proceeding.
Latam Hydro LLC and CH Mamacocha S.R.L. v. Republic of Peru (ICSID Case No. ARB/19/28).
ENAGÁS S.A. (España) and ENAGÁS Internacional S.L.U. (España) v. Republic of Peru (ICSID Case No. ARB/18/26).
Odebrecht Latinvest S.à.r.l. v. Republic of Peru (ICSID Case No. ARB/20/4).
Interocean Oil Development Company and Interocean Oil Exploration Company v. Federal Republic of Nigeria (ICSID Case No. ARB/13/20).
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)—Annulment Proceeding.
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).
Advising OI European Group B.V. on the enforcement of an ICSID award before the United States District Court for the District of Columbia.
OI European Group B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/25)—Annulment Proceeding.
OI European Group B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/25).
PL Holdings S.A R.L. v. Republic of Poland (SCC Arbitration V 2014/163).
SAUR International v. Argentine Republic (ICSID Case No. ARB/04/4).

Maritime Delimitation in the Indian Ocean (Somalia v. Kenya), International Court of Justice.
Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), International Court of Justice.
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates), International Court of Justice.
Appeal Relating to the Jurisdiction of the ICAO Council under Article 84 of the Convention on International Civil Aviation (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar) International Court of Justice.
Appeal Relating to the Jurisdiction of the ICAO Council under Article II, Section 2, of the 1944 International Air Services Transit Agreement (Bahrain, Egypt and United Arab Emirates v. Qatar), International Court of Justice.

Aerial Herbicide Spraying (Ecuador v. Colombia), International Court of Justice.
A proceeding before the International Court of Justice concerning claims of violations of human rights and international humanitarian law allegedly committed by a State in Southeast Asia.
A proceeding before the International Court of Justice concerning a sovereignty dispute in Southeast Asia.
Another proceeding before the International Court of Justice concerning a sovereignty dispute in Southeast Asia.

Advising an investor regarding public international law remedies to protect its substantial foreign investments during a potential armed conflict.
Advising two NGOs on their intervention in the case K.P. v. Poland (Application No. 56310/15) before the European Court of Human Rights.
Advising two NGOs on their intervention in the case Stanislaw Bednarek and Others v. Poland (Application No. 58207/14) before the European Court of Human Rights.
Advising the Republic of the Union of Myanmar (through the anti-coup elected parliamentary committee) in relation to international law violations allegedly committed by the military in the country since the 1 February 2021 coup.
Advising the Republic of Colombia on its response to the International Court of Justice's Judgment on the Merits in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia).

Advising a Middle Eastern State on proceedings before United Nations bodies concerning alleged violations of human rights and international humanitarian law.
Advising a major US construction company on how to obtain optimal investment treaty protection for an energy project in a European State.
Advising the United States of America in relation to sovereign immunity judicial proceedings in multiple European States.
Advising a State on the drafting of multiple bilateral investments treaties.
Advising a State from Central America on proceedings before the Inter-American Court of Human Rights.
Advising a Latin American State on proceedings before the Inter-American Court of Human Rights.
Advising a Latin American State on its negotiations with a European State regarding a free trade agreement.
Advising an African international organization on international trade law matters.
Advising a Middle Eastern entity on its rights to exploit natural resources in a disputed area.
Advising a US oil company on its planned foreign investments in Africa.
Advising a Middle Eastern international organization on regulations for the registration of NGOs.
Advising a global NGO on the drafting of a multilateral treaty under the aegis of the United Nations.
Preparing a comprehensive audit of the structure of one of the largest US corporate conglomerates to improve its investment treaty protection.
Advising another US corporation on the benefits of restructuring its assets in Central America to obtain investment treaty protection.
Advising a global corporation on a potential arbitration under the ICSID Additional Facility Rules.
Advising a US global corporation on an ICC arbitration.
Advising a North American corporation on the steps it should take to preserve its rights under international law in the event that a Latin American State expropriates its assets.
Assisting a private entity to secure third-party funding for a potential investment treaty arbitration.
Advising a State in Central America in relation to dispute resolution proceedings before the World Trade Organization.
Preparing a legal opinion for a State entity concerning a unitization framework agreement.
Advising a State on the lawfulness of measures taken by an international organization in relation to money laundering and terrorist financing.
Advising a State on the lawfulness of measures taken by an international organization in relation to taxation.
Advising a State on the preparation of a National Human Rights Action Plan.
Advising a State on its potential ratification of the ICCPR.
Advising a State in Central America on maritime delimitation issues.
Advising a State in Central America on human rights and immigration issues.
Advising a G20 State on a regular basis on a wide range of public international law matters.
Advising a State on issues related to the International Criminal Court.

Advising a NGO on the application of certain human rights during armed conflicts.
ILGA-Europe and Polish Society of Anti-Discrimination Law on their intervention in K.P. v. Poland (Application No. 56310/15) before the European Court of Human Rights; the case concerns alleged violations of the applicant's rights with respect to his private life and freedom of expression as a result of the discriminatory and negative perception of his sexual orientation.
Human Rights Watch and ILGA-Europe on their intervention in Stanislaw Bednarek and Others v. Poland (Application No. 58207/14) before the European Court of Human Rights; the case concerned the respondent state's alleged failure to investigate adequately criminal complaints concerning acts of violence motivated by hatred towards the LGBTI group to which the applicants belonged.

            "Álvaro Nistal is very knowledgeable in public international law and brings considerable and wide experience from having spent many years in dedicated PIL practice. He has excellent strategic and tactical instincts and cares deeply about his clients." — The Legal 500 UK 2024
        

            "Álvaro Nistal is an exceptionally skilled lawyer with a level of expertise in public international law, including international humanitarian law and international human rights law, that only very few lawyers (in particular working outside humanitarian organisations) possess. Alvaro understands his clients needs, is clear both in his written and oral communication, has detailed and in-depth knowledge of the areas he advises on and is extremely practical when proposing solutions. He was also very responsive at all times and demonstrated exceptional communication skills."  — The Legal 500 UK 2024
        

Perspectives

January 17, 2024

Arnold & Porter Achieves Significant International Arbitration Victories for Republic of Peru

October 20, 2023

Chambers UK 2024 Ranks Arnold & Porter Practices, Lawyers

October 3, 2023

The Legal 500 UK 2024 Recognizes 37 Arnold & Porter Lawyers, 15 Practices

June 8, 2023

Best Lawyers in the United Kingdom 2024 Recognizes 14 Arnold & Porter Attorneys

October 20, 2022

The Legal 500 Latin America 2023 Recognizes Arnold & Porter Attorneys, Practices

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"A very good lawyer, with strong PIL expertise." — Chambers UK 2024

            "He has an excellent ability to present complex issues in a concise and understandable manner." — Chambers UK 2024
        

Recognition

Chambers UK

"Up and Coming" Public International Law – UK-wide (2024)

The Legal 500 UK

"Rising Star" Public International Law (2021-2024)
International Arbitration (2021-2023)
"Next Generation Partner" Public International Law (2020)

The Best Lawyers in the UK

Public International Law (2024)

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Credentials

Education

LL.M., Leiden University, (Advanced)
LL.B., Universidad Autonoma de Madrid
B.A., Universidad Autonoma de Madrid

Admissions

England and Wales
Spain

Activities

Visiting lecturer, Oceans Governance, King’s College London (Since 2021)
Lecturer, International Dispute Resolution LLM, Queen Mary University of London (Since 2021)
Guest Lecturer, Alternative Dispute Resolution Course, Universidad Iberoamericana (June 2020)
Guest Lecturer, International Dispute Resolution LLM, Queen Mary University of London (March 2020)
Guest Lecturer, Executive Course in Public International Law, SOAS University of London (September 2019)
Annual Training Program in Public International Law, Institute of Diplomatic Studies, Kingdom of Saudi Arabia (2013–2015)
Guest Lecturer, Geopolitics, Territory & Security MA, King's College London (January 2013, February and May 2014)

Languages

Spanish
French