Paolo Di Rosa is a Washington, D.C.-based partner in the International Arbitration Group, which he founded and then headed for almost 17 years before stepping down as Chair on January 1, 2024. He has long been recognized as one of the world's leading practitioners of international arbitration. Clients and publications such as Chambers and Legal 500 describe Mr. Di Rosa as a "brilliant" and "masterful" attorney with a "first-class reputation" who is "frequently retained to handle high-value arbitrations across the globe." "One impressed interviewee commented: 'He is, without any doubt in my mind, one of the top players in the world in his field of practice.'" "Paolo is at the top of his field" and is "one of the best investor-state disputes lawyers I have worked with." "Fully bilingual [English-Spanish] with an outstanding analytical mind, he is, quite simply, as good as it gets." He is recognized in particular as a "formidable force in investment treaty arbitration". "He is the first person I would call if I had an investor-state arbitration in Latin America." "Sources consider Paolo Di Rosa to be 'terrific in hearings doing the opening statements or cross-examining a key witness.'" Clients also highlight his "profound abilities of persuasion and incredible capacity to react to surprises in tribunals". "Sources revere his work" and "are quick to praise his client-handling skills," stressing that he is "highly personable" and "a pleasure to work with."
He has been recognized in a wide variety of publications, including Chambers Global, Chambers USA, Chambers Latin America, The Legal 500 US, The Legal 500 Latin America, Best Lawyers in America, "Best of the Best" USA Experts Guide, Who's Who Legal, Super Lawyers, and Euromoney's Guide to the World's Leading Experts, amongst others. Notably, he has been ranked in Band 1 of the last six editions of Chambers Global (Latin America), and Chambers Latin America, and was designated by the Legal 500 Latin America as one of the "Leading Lawyers" in International Arbitration in its last eight editions. Further, he has been selected by Legal 500 US as one of the "Leading Lawyers" in its last 12 editions (in the last four of which he has been chosen as one of a select few "Hall of Fame" lawyers), and is ranked in Band 2 in Chambers USA and Chambers Global (USA). He has also been ranked as a specialist in Public International Law in seven editions of Chambers Global.
Mr. Di Rosa's practice centers on the representation of sovereign States and private sector companies in complex and high-stakes international arbitration, litigation, and public international law matters, including in particular disputes between investors and States under investment treaties. He has especially broad experience with sovereign States, as he has represented or advised in international arbitration and/or litigation matters numerous States throughout the globe, including Bulgaria, Chile, Colombia, Costa Rica, Czech Republic, Dominican Republic, Ecuador, Egypt, Israel, Paraguay, Peru, Slovakia, South Korea, Sri Lanka, Thailand, Türkiye, and Venezuela.
He has successfully represented clients in disputes worldwide, and in a wide variety of industries and economic sectors, including energy, renewable resources, oil and gas, mining, banking and finance, transportation, fisheries, real estate, and media. Mr. Di Rosa has had an exceptional track record of success: over the course of a 30-year legal career, he has suffered no adverse result in the final outcome of any litigation or international arbitration (following appeals and annulment proceedings, where applicable) in which he was involved as counsel from the beginning of the case.
Mr. Di Rosa has also acted in litigation matters before U.S. federal courts, including most notably in the successful defense of the Republic of Colombia in twin claims for US$17 billion in Washington, D.C. by Sea Search Armada, relating the Spanish treasure ship San José (sunk by the British Navy off the cost of Cartagena, Colombia in 1708).
Mr. Di Rosa also serves as arbitrator. He has twice been appointed by the U.S. Government as arbitrator in investment arbitrations under NAFTA (Canacar v. U.S. (suspended), and 2280781 Ontario Inc. and TSG Developments US Holdings v. U.S. (ongoing). On February 23, 2016, President Barack Obama designated him as one of the four United States members of the ICSID Panel of Arbitrators. See White House Press Release available here.
Although his practice spans all geographic regions of the globe, his main area of expertise is in legal matters relating to Latin America (acquired both in the private sector and the U.S. federal government), along with a fully bilingual (Spanish-English) and bicultural background.
Mr. Di Rosa is a frequent speaker at international conferences and seminars, and author of numerous articles and book chapters.
Earlier in his career, Mr. Di Rosa was a senior-level U.S. Government lawyer and a member of the Senior Executive Service of the U.S. Government. As Assistant Legal Adviser for Western Hemisphere Affairs at the U.S. State Department during the Clinton Administration, he headed the office responsible for legal matters pertaining to Latin America and the Caribbean, as well as Canada. During his tenure at the U.S. State Department, Mr. Di Rosa was awarded a Meritorious Honor Award (for his work on the transfer of the Panama Canal by the U.S. to Panama) and a Superior Honor Award (for his work on the negotiation of a terrorism-related multilateral treaty).
Experience
Concluded Cases
Mr. Di Rosa has successfully represented the following sovereign States in investment arbitrations:
- Czech Republic in six separate investment arbitrations in the photovoltaic renewable energy sector, filed under bilateral investment treaties and the Energy Charter Treaty, five under the UNCITRAL rules and one ad hoc, by claimants Antaris Solar GMBH and Dr. Michal Göde, Jürgen Wirtgen, Stefan Wirtgen, Gisela Wirtgen and JSW Solar (zwei) GmbH & Co.KG, Photovoltaik Knopf Betriebs GmbH, Voltaic Network GmbH, WA Investments–Europa Nova Ltd., and I.C.W. Europe Investments Limited, respectively. All claims against our client were fully dismissed, and in addition our client was awarded partial arbitral costs and legal fees in five of the six cases.
- Republic of Chile in an investment arbitration filed at ICSID by Carlos Ríos and Francisco Ríos under the Colombia - Chile Free Trade Agreement, involving a dispute in the transportation sector and claims of more than US$300 million. Tribunal fully dismissed the single claim against our client, and our client was awarded 100% of its arbitration costs and 40% of legal fees and expenses.
- Republic of Bulgaria in an investment arbitration filed at ICSID by the State General Reserve Fund (SGRF) of the Sultanate of Oman under a bilateral investment treaty, involving a dispute in the banking sector and claims of US$88 million. All claims against our client were fully dismissed, and our client was awarded 100% of its arbitral costs and 100% of its legal fees and expenses.
- Republic of Costa Rica in an investment arbitration filed at ICSID by the Canadian mining company Infinito Industries pursuant to a bilateral investment treaty, involving a dispute in the gold mining sector and claims of US$400 million. Complete dismissal of all but one claims. The tribunal did not award any compensation to the claimant.
- Republic of Costa Rica in an investment arbitration filed at ICSID arbitration filed by the Spanish company Supervisión y Control S.A. pursuant to a bilateral investment treaty, involving a dispute in the transportation sector and claims of US$345 million. All claims against our client were fully dismissed.
- Dominican Republic in an investment arbitration filed at ICSID by US claimant Corona Materials Inc. pursuant to the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA), involving a dispute in the mining sector and claims of US$100 million. All claims against our client were fully dismissed.
- Republic of Chile in the longest-running investment arbitration of all time, filed at ICSID by Victor Pey Casado and the President Allende Foundation pursuant to a bilateral investment treaty, involving a dispute in the media sector and initial claims of over US$500million. After 22 years of proceedings (of which Mr. Di Rosa was involved in the final 18), the claimants were ultimately awarded zero damages, thereby yielding a successful result for our client.
- Republic of Korea in an investment arbitration filed at ICSID under bilateral investment treaties by subsidiaries of U.S. private equity fund Lone Star (LSF-KEB Holdings SCA et al.), involving a dispute in the banking sector and claims of US$4.4 billion. In an award issued in 2022, the tribunal dismissed all but one of the claims asserted, and granted the claimants less than 5% of the amount claimed.
- Republic of Chile in a UNCITRAL rules investment arbitration filed by the President Allende Foundation, Victor Pey Casado, and Coral Pey Grebe pursuant to a bilateral investment treaty, involving a dispute in the media sector and claims of US$467 million. All claims against our client were fully dismissed, and our client was awarded 100% of its arbitration costs and 80% of its legal fees and expenses.
- Republic of Peru in a contract-based arbitration filed at ICSID by Hydrika 1 SAC, involving a dispute in the renewable energy sector (hydroelectric). All claims against our client were fully dismissed, and our client was awarded 100% of its arbitration costs and 100% of its legal fees and expenses.
- Republic of Chile in an investment arbitration filed at ICSID by the Spanish fishing company Sociedad Anónima Eduardo Vieira pursuant to a bilateral investment treaty, involving a dispute in the fisheries sector and claims of US$25 million. All claims against our client were fully dismissed.
- Republic of Colombia in an UNCITRAL rules investment treaty arbitration filed by Alberto, Felipe, and Enrique Carrizosa Gelzis pursuant to the US-Colombia Trade Promotion Agreement, involving a dispute in the financial sector and claims of US$320 million. All claims against our clients fully dismissed, and our client was awarded 100% of its arbitration costs and almost 100% of its legal fees and expenses.
- Republic of Colombia in a separate investment arbitration related to the one above, filed at ICSID by Astrida Benita Carrizosa pursuant to the US-Colombia Trade Promotion Agreement and the Colombia-Switzerland bilateral investment treaty. All claims against our client were fully dismissed, and our client was awarded 100% of its arbitration costs and 50% of its legal fees and expenses.
- Dominican Republic in an UNCITRAL Rules investment arbitration filed by Michael and Lisa Ballantine pursuant to the DR-CAFTA, involving a dispute in the real estate sector and claims of over US$40 million. All claims against our client were fully dismissed.
- Slovak Republic in an UNCITRAL rules investment arbitration filed by US Steel Global Holdings I B.V. pursuant to a bilateral investment treaty, involving a dispute in the steel sector and claims of US$300 million. The claims were ultimately withdrawn.
- Republic of Peru in an UNCITRAL rules investment treaty arbitration administered by ICSID, filed by Panamericana Televisión pursuant to a bilateral investment treaty. The arbitration involved a dispute in the telecommunications sector, and claims of US$637 million. All claims against our client were dismissed, and the arbitral tribunal ordered claimant to reimburse Peru for the majority of its arbitral costs.
- Republic of Peru in the Hydrikas ICSID arbitration, filed pursuant to concession contracts, involving a dispute in the hydroelectric power sector, and claims of US$26 million. All claims were dismissed and the arbitral tribunal ordered the claimants to reimburse Peru for the totality of its arbitral costs as well as of its legal fees and expenses.
- Republic of Peru in an investment arbitration filed at ICSID by Worth Capital Holdings 27 LLC pursuant to a bilateral investment treaty, involving a dispute in the oil and gas sector, and claims of more than US$590 million. The Tribunal ordered discontinuance of the arbitration under ICSID Arbitration Rule 44, after Worth Capital abandoned the case following submission of Peru’s Counter-Memorial on the Merits and Jurisdiction.
- Republic of Peru in an investment arbitration filed at ICSID by Latam Hydro LLC and Mamacocha S.R.L. under a contract as well as the U.S.-Peru Trade Promotion Agreement, involving a dispute in the hydroelectric power sector. All claims against Peru were dismissed.
- Republic of Peru in an ad hoc investment arbitration against Raúl Francisco Javier Linares Sanoja, Aram Asset Management, N.V., and Eitresor,S.A.C. pursuant to a bilateral investment treaty, involving a dispute in the mining sector and claims of US$65 million. The Claimants withdrew their Request for Arbitration and discontinued the arbitration.
- Republic of Peru in an investment arbitration filed at ICSID by Upland Oil and Gas LLC pursuant to a bilateral investment treaty, involving a dispute in the oil and gas sector, and claims of US$100 million. The proceeding was discontinued by agreement of the parties.
- Republic of Peru in an investment arbitration filed at ICSID by Enel Colombia S.A. (formerly ESSA2 SpA) and Enel Costa Rica CAM S.A. (formerly Enel Green Power Costa Rica S.A.) pursuant to a bilateral investment treaty, involving a dispute in the energy sector. The arbitral tribunal registered the termination of the proceeding pursuant to art. 43(1) of ICSID Arbitration Rules.
- Republic of Costa Rica in an investment arbitration against José Alejandro Hernández Contreras pursuant to a bilateral investment treaty, involving a dispute in the telecommunications sector and claims of US$25 million. Following registration of the claim by ICSID, constitution of the arbitral tribunal, and commencement of the arbitral proceeding, the claimant withdrew all claims.
- Arab Republic of Egypt in an UNCITRAL rules investment treaty arbitration filed by a Middle Eastern entity. The parties reached a settlement early in the proceeding.
- Bolivarian Republic of Venezuela in an investment arbitration filed at ICSID by the Dutch company I&I Beheer pursuant to a bilateral investment treaty, involving a dispute in the financial sector and claims of US$300 million. The proceeding was discontinued following the withdrawal of claimant's counsel after the first round of written submissions on the merits.
Ongoing Cases
- South Korea in the annulment proceeding of the Lone Star ICSID arbitration, involving claims of $4.4 billion by subsidiaries of the U.S-based hedge fund Lone Star.
- Kingdom of Thailand in an UNCITRAL rules investment treaty arbitration filed by Kingsgate Consolidated Ltd., involving a dispute in the mining sector.
- Republic of Türkiye (formerly “Turkey”) in an investment arbitration filed at ICSID by Afkel Commodities Pte. Ltd. and I-Systems Global B.V. pursuant to a bilateral investment treaty, involving a dispute in the natural gas and electric power sector.
- Republic of Colombia in an investment arbitration filed at ICSID by Glencore International A.G.
- Republic of Costa Rica in the annulment proceeding of the Infinito Gold ICSID arbitration, involving a dispute in the gold mining sector and claims of US$400 million.
- Republic of Peru in an investment arbitration filed at ICSID by subsidiaries of the Brazilian construction company Odebrecht pursuant to a bilateral investment treaty, involving a dispute in the oil and gas sector and claims of up to US$2.65 billion.
- Republic of Peru in an investment arbitration filed at ICSID by Spanish energy company ENAGÁS S.A. pursuant to a bilateral investment treaty, involving a dispute in the oil and gas sector and claims of more than US$500 million.
- Republic of Peru in a second investment arbitration filed at ICSID by Spanish energy company ENAGÁS S.A. pursuant to a bilateral investment treaty, also involving a dispute in the oil and gas sector.
- Republic of Peru in an investment arbitration filed at ICSID by Lupaka Gold Corp. pursuant to a bilateral investment treaty arbitration, involving a dispute in the mining sector and claims of over US$100 million.
- Republic of Peru in an investment arbitration filed at ICSID by Kaloti Metals & Logistics, LLC pursuant to a bilateral investment treaty arbitration, involving a dispute in the mining trade sector.
- Republic of Bulgaria in an investment arbitration filed at ICSID by the Czech energy company ČEZ pursuant to the Energy Charter Treaty, involving a dispute in the power sector.
- Czech Republic in an UNCITRAL rules investment arbitration pursuant to a bilateral investment treaty and the Energy Charter Treaty, filed by claimant Natland N.V., G.I.H.G. Limited, Natland Group Ltd., and Radiance Energy Holding, involving a dispute in the renewable energy sector (solar) (currently subject of a set-aside proceeding in Switzerland).
- Czech Republic in ad hoc investment arbitration filed under a bilateral investment treaty by DiagHuman, administered by the Permanent Court of Arbitration and involving a dispute in the health sector (currently the subject of a set-aside proceeding in London).
Perspectives
Recognition
Credentials
Education
- J.D., Harvard Law School, 1991, cum laude
- Editor-in-Chief, Harvard Law School, Harvard Human Rights Law Journal
- B.A., Harvard University, 1987, magna cum laude
Admissions
- District of Columbia
- U.S. Court of Appeals for the District of Columbia Circuit
Activities
- Member, ICSID Panel of Arbitrators (appointed by the United States)
- Member, Users Council, Singapore International Arbitration Centre (SIAC)
- Member, ICC Task Force on Arbitration Involving States and State Entities
- Member, London Court of International Arbitration
- Member, Panel of Arbitrators, Beijing Arbitration Commission/Beijing International Arbitration Center
- Member, Panel of Arbitrators, Lima Chamber of Commerce Arbitration Centre
- Member, International Arbitration Institute (IAI), Paris, France
- Member, Advisory Committee on Alternative Dispute Resolution, International Law Institute
- Member, Advisory Board, The Institute for Transnational Arbitration (ITA)
- Member, Investment Committee, Latin American Arbitration Association
- Member, Permanent Committee, Latin American Arbitration Conference (CLA)
- Member, District of Columbia Bar Association
- Member, American Bar Association
- Member, American Society of International Law
- Member, Inter-American Bar Association
- Member, International Bar Association
- Member, International Law Association
- Chilean American Chamber of Commerce (President, 2005-2008; Vice-President, 2003-2005; Member, Board of Directors, 2005-2011)
- International Human Rights Law Group (Washington, DC), “Pro bono Lawyer of the Year” Award