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Kenneth Juan Figueroa Partner

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Kenneth Juan Figueroa Partner Kenneth Juan Figueroa Partner Washington, D.C. PHONE: 202.261.7386 FAX: 202.785.6687 EMAIL: [email protected] Kenneth Juan Figueroa is a partner in the firm’s Washington office and a member of the International Litigation and Arbitration Department. He has substantial experience in international arbitration matters, particularly in Latin America. Kenneth has been consecutively recognized as one of Latin America’s “Top 100 Lawyers” by Latinvex: Latin America Business News & Analysis and has been listed among the top 20 in international INDUSTRIES arbitration practice. He has also been consecutively recognized by Who’s Who Legal in construction matters as a "Thought Leader" in the area and has also been recognized by Legal Sovereign States 500-USA. Energy & Climate Kenneth’s practice focuses on international disputes, particularly on investor-State matters, commercial arbitration, and sovereign representation as well as general advice regarding PRACTICES disputes prevention and resolution. He represents clients, including private and state- owned companies and foreign States and State-owned entities before U.S. federal courts and International Litigation & Arbitration international arbitral tribunals, including those established under the auspices of the International Commercial Arbitration International Centre for Settlement of Investment Disputes (ICSID), the United Nations Commission for International Trade Law (UNCITRAL), the International Chamber of Investor-State Arbitration Commerce (ICC) and the International Center for Dispute Resolution (ICDR) among others. Public International Law Litigation In addition to his litigation and arbitration experience, Kenneth has represented sovereign Transportation, Infrastructure & entities in negotiating bond issuances and investment and commercial agreements, and has Construction represented clients in connection with project financing. He has also represented clients called to testify in hearings before foreign legislatures. Kenneth also advises sovereign Energy clients and private parties in a wide range of private and public international law issues, Commercial Arbitration including treaty negotiation, challenges to arbitral awards, enforcement of arbitral awards, regulatory compliance with obligations arising from international investment treaties, and privatization and bidding procedures. EDUCATION Kenneth is frequently invited to speak at conferences at symposia on a variety of issues Columbia University School of Law, J.D. (study abroad at Universidad de Buenos concerning international arbitration, and has provided capacity-building seminars regarding Aires, Fall 2001), 2002 investor-state arbitration for government officials in Venezuela, Mexico, and Peru. He has Yale University, B.A. (study abroad at participated in lectures and symposia at Columbia Law School, Fordham Law School, the Law Universidad Autónoma de Madrid, Spring School at the Universidad Autónoma de México, the Law School at the University of Havana, 1996), 1997 Cuba, and the Law School at the Ponticificia Universidad Católica de Perú. BAR ADMISSIONS LANGUAGES Spanish District of Columbia Portuguese New York Washington, D.C. | 1717 K Street, N.W. | Washington D.C. 20006­5350 BOSTON | NEW YORK | PARIS | WASHINGTON, D.C. | FOLEYHOAG.COM COURT ADMISSIONS U.S. District Court for the Southern District of New York U.S. District Court for the Eastern District of New York U.S. Court of Appeals for the Second Circuit U.S. District Court for the District of Columbia U.S. Court of Appeals for the District of Columbia Circuit U.S. Supreme Court REPRESENTATIVE EXPERIENCE Investor-State Arbitration (ICSID/Additional Facility) Desarrollo Vial de los Andes S.A.C. v. Republic of Peru (ICSID Case No. ARB/20/18). Representing the Republic of Peru in a construction arbitration before ICSID, for alleged damages resulting from the inability to operate certain tolls due to massive social protests. Webuild S.p.A. (formerly Salini Impregilo S.p.A.) v. Republic of Panama, (ICSID Case No. ARB/20/10). Representing the Republic of Panama in an ICSID arbitration under the bilateral investment treaty between the Republic of Panama and the Italian Republic, initiated by an Italian construction company regarding the expansion project of the Panama Canal. Metro de Lima Línea 2 S.A. v. Republic of Peru (ICSID Case No. ARB/17/3). Representing the Republic of Peru in a complex construction arbitration commenced before ICSID related to the design, construction and operation of the underground metro line “Línea 2” in the city of Lima. Anglo American Plc v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/14/1). Representing the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a major United Kingdom-based mining company under a bilateral investment treaty in connection with a nickel mining concession. The arbitral tribunal rejected the company's claims in its entirety, totaling close to US $400 million. Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12). Representing the Republic of El Salvador in an ICSID proceeding commenced by the subsidiary of a Canadian mining company under DR-CAFTA and the Salvadoran Investment Law in connection with an application for a mining concession. The Tribunal rejected all claims and ordered the Claimant to pay El Salvador the amount of US$ 8 million. Highbury International AVV y Ramstein Trading Inc. c. República Bolivariana de Venezuela (Caso CIADI No. ARB/11/1). Represented the Bolivarian Republic of Venezuela in an ICSID proceeding brought by Dutch Antilles and Panamanian companies under bilateral investment treaties in connection with gold and diamond mining concessions, which resulted in a favorable award dismissing all claims. Highbury International AVV, Compañía Minera de Bajo Caroní AVV, and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/14/10). Represented the Bolivarian Republic of Venezuela in a second ICSID proceeding brought by Dutch Antilles and Panamanian companies under bilateral investment treaties in connection with gold and diamond mining concessions. The case was suspended due to Claimants’ failure to make administrative payments. TENARIS S.A. and TALTA – Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/26). Represented the Bolivarian Republic of Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of a hot briquetted iron (HBI) plant. The Tribunal issued an award in which damages were reduced to less than a quarter of the original amount claimed. Represented the Republic in rectification and annulment proceedings. TENARIS S.A. and TALTA – Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/23). Represented the Bolivarian Republic of Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of their Venezuelan subsidiaries involved in the steel industry. The Tribunal issued an award in which damages were reduced to less than a third of the original amount claimed. Represented the Republic in annulment proceedings. Crystallex International Corporation v Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/2). Represented the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a mining operating contract. The Tribunal issued an award in which damages were reduced to a third of the original amount claimed. Represented the Republic in subsequent proceedings to vacate the arbitral award before the United States District Court for the District of Washington, D.C. Gold Reserve, Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/1). Represented the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a gold mining concession. The Tribunal issued an award in which damages were significantly reduced. Represented the Republic in subsequent proceedings to vacate the arbitral award before courts in Paris, France and to challenge enforcement proceedings in Luxembourg, London and Washington, D.C. Investor-State Arbitration (UNCITRAL) Basilio Amorrortu v. Republic of Peru (CPA Case No. 2020-11). Representing the Republic of Peru in an UNCITRAL arbitration initiated by a former Peruvian citizen and current US national for alleged violations of the Trade Promotion Agreement between Peru and the United States for alleged irregularities in the bidding process in connection with the operation of oil blocks off the Peruvian coast. Sacyr S.A. v. Republic of Panama (ICSID Case No. UNCT / 18/6). Representing the Republic of Panama in an UNCITRAL arbitration administered by ICSID under the Bilateral Investment Treaty between the Kingdom of Spain and the Republic of Panama initiated by a Spanish construction company related to the expansion project of the Panama Canal. Rutas de Lima v. Municipalidad Metropolitana de Lima (ad hoc CNUMDI case) (“Rutas 1”). Representing the Metropolitan Municipality of Lima in an arbitration related to the reconditioning and operation of three sections
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