Carlos is a senior associate in Freshfields’ International Arbitration Group. He represents clients in commercial and international investment disputes before a diverse range of arbitral institutions, and before United States federal and state courts. Carlos has also advised clients on issues of U.S. constitutional and administrative law, and on U.S. economic sanctions. Carlos’s clients include leading international energy, mining, and infrastructure companies, as well as sovereign governments.
In his active pro bono practice, Carlos has represented Iraqi refugees seeking resettlement in the United States, as well as individual plaintiffs in federal civil rights actions challenging unlawful government seizures of private property. Working with Oxfam America, he has advised civil society organizations on the responsible management of natural resources in developing countries.
Carlos is a member of the International Section of the American Bar Association, the American Society of International Law, the Association of the Bar of the City of New York, the New York State Bar Association, the ICC Young Arbitrators Forum and the New York American Inn of Court.
Some of Carlos’s recent and more significant matters include:
- representing a ConocoPhillips subsidiary in an ICSID arbitration against Ecuador arising from the expropriation of investments in several oil fields;
- representing the Federative Republic of Brazil in an international money laundering and asset recovery action in federal district court;
- representing a Canadian mining company in an ICSID Additional Facility arbitration challenging Venezuela’s expropriation of its investment in one of the world’s largest gold deposits;
- representing an African state entity in an ICC arbitration against a Japanese engineering services firm arising from a major infrastructure project;
- representing a global engineering and construction services company in two disputes concerning the construction of chemical processing plants in a South Asian country;
- representing a U.S. energy company in an ICC arbitration against various subsidiaries of a Latin American state oil company;
- representing a global engineering, construction and services company in an action brought by plaintiffs alleging violations of international human rights and labor standards under the Alien Tort Statute;
- advising numerous clients of the firm on compliance with new U.S. economic sanctions imposed on Russian individuals and entities in response to the crisis in the Ukraine;
- advising the SIPC-appointed Trustee of Bernard L. Madoff Securities LLC on international litigation to recover funds for defrauded investors;
- representing plaintiffs in a challenge by 27 U.S. states, an independent business organization, and individuals, to the constitutionality of the U.S. Patient Protection and Affordable Care Act (2010);
- representing a former U.S. Secretary of Defense in a civil rights case in U.S. federal court arising out of plaintiffs’ detention in Iraq;
- representing former Iraqi interpreters for U.S. and allied forces facing death threats from terrorist groups in proceedings under the Iraq Special Immigrant Visa (SIV) program and in litigation to compel U.S. government action on their visa applications;
- advising a major international financial institution on the application of international human rights law and the law of war to its investments in the defense sector; and
- advising a leading U.S. electric utility company on issues related to the national and international regulation of greenhouse gas emissions.
- “A constructive role for International Law in the Senkaku Islands Dispute?” (book chapter, in Islands of Contention: The China-Japan Border Dispute in a Multidisciplinary Perspective, Ashgate Publishing, forthcoming).
- The COMMISA Decision: A U.S. Federal District Court Confirms An Arbitral Award Annulled At Its Seat, Mealey’s International Arbitration Report (September 2013) (with Alex Yanos & Elliot Friedman).
- ICSID Tribunal Renders Record Setting Award, International Dispute Resolution News (Fall 2013).
- Kiobel v. Royal Dutch Petroleum: Whither the Alien Tort Statute?, Thomson Reuters News & Insights (December 2012) (with Timothy P. Harkness).
- Can Ghana Escape the “Oil Curse?” Africa Law Today (November 2011).
- Abdullahi v. Pfizer: Implications for Environmental Claims Under The Alien Tort Statute, International Environmental Law Newsletter (July 2010).
- A case for trying pirates before a U.N. tribunal, The Washington Post (December 2010) (with David B. Rivkin, Jr.).
- “Complaints” About the Weather: Why the Fifth Circuit’s Panel Decision in Comer v. Murphy Oil Represents the Wrong Approach to the Challenge of Climate Change, Federalist Society White Paper (2010) (with David B. Rivkin, Jr. & Matthew Raymer).
- Judges Rightly Leave War in Military’s Hands with Maqaleh v. Gates Ruling, Guest Commentary: Washington Legal Foundation (May 2010).
- Notable Cases: Comer v. Murphy Oil U.S.A., 585 F.3d 855 (5th Cir. 2009), ENR Global Report (April 2010).
- International Law’s Unhelpful Role in the Senkaku Islands, 29(4) University of Pennsylvania Journal of International Law 903 (2008).
Career to date
Senior associate, Freshfields Bruckhaus Deringer US LLP, 2012–Present
Associate, Baker & Hostetler, LLP, 2007–2012
Qualifications and education
District of Columbia, 2009
New York, 2008
Harvard Law School, J.D. cum laude, 2004–2007
Princeton University, Woodrow Wilson School of Public and International Affairs, A.B. cum laude, 2000–2004
English, conversational Spanish