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Noiana Marigo

Partner  

Noiana is a partner based in our New York office and the co-head of our Latin America group.

 

Practice

Disputes

About

A partner in our international arbitration group, Noiana focuses on Latin America, counseling clients in a variety of commercial and investment treaty arbitrations.

Noiana has extensive experience representing Latin American corporations, foreign investors and states throughout the region in arbitrations under the auspices of ICSID, ICC and UNCITRAL, in both English and Spanish, across a variety of sectors including oil, mining, electricity, gas, water, sovereign debt, steel plants and airport services.

Her recent experience includes advising ConocoPhillips in its claim against the Republic of Ecuador arising from confiscatory tax measures; the Republic of Guatemala in two ICSID arbitrations, one brought by Iberdrola Energía S.A., under the Spain/Guatemala bilateral investment treaty, and the other brought by TECO Guatemala Holdings, pursuant to DR-CAFTA; GDF Suez and Aguas de Barcelona in three ICSID arbitrations against the Republic of Argentina in connection with investments in water concessions; and Pan American Energy in an ICSID arbitration against the Republic of Bolivia in respect of the expropriation of its investment in Empresa Petrolera Chaco, a hydrocarbon exploration and production company.

Noiana is recognized as an “up-and-coming individual” by Chambers USA and Chambers Latin America, and as a “Foreign Expert for Latin America-wide” by Chambers Global.

Noiana has authored or co-authored a number of publications on international arbitration, especially with regard to arbitration in Latin America, and is a frequent speaker on this topic. She was recently appointed a Member of  the Committee on Protocols for Fair and Effective Arbitration of the International Council for Commercial Arbitration (ICCA), and a Member of the International Bar Association (IBA) Recognition and Enforcement of Arbitral Awards Subcommittee. She also serves as President of the Editing Committee of the Asociación Latinoamericana de Arbitraje (ALARB) and Special Correspondent for Latin America for Global Arbitration Review (GAR).


“Highly recommended for her ‘tremendous’ approach to cross-border disputes.”
Chambers USA 2016
“Rising star Noiana Paula Marigo is a new entry to the table, and centers her practice on arbitrations involving Latin America.”
Chambers USA 2013
“Regarded by market sources as ‘an up-and-coming star at the firm.’”
Chambers Latin America 2012

Recent deals/Highlights

Recent experience includes advising:

  • ConocoPhillips in its claim against the Republic of Ecuador arising from confiscatory tax measures;
  • The Republic of Guatemala in two ICSID arbitrations, one brought by Iberdrola Energía S.A., under the Spain/Guatemala bilateral investment treaty, and the other brought by TECO Guatemala Holdings, pursuant to DR-CAFTA;
  • GDF Suez and Aguas de Barcelona in three ICSID arbitrations against the Republic of Argentina in connection with investments in water concessions; and
  • Pan American Energy in an ICSID arbitration against the Republic of Bolivia in respect of the expropriation of its investment in Empresa Petrolera Chaco, a hydrocarbon exploration and production company.

Speaking Engagements:

  • “Long-Term Gas Supply Agreements – Relevant Legal Issues and Possible Tensions Between the Contracting Parties,” at the Cámara de Comercio de Santiago (CAM), Santiago de Chile, Chile, April 2014;
  • “Current Status of Investing and Doing Business in Latin America,” at the ICC’s 11th Annual Conference, Miami, United States, November 2013;
  • “What Can States and Investors Do Better?” at the VII Latin American Arbitration Conference, Lima, Peru, April 2013;
  • “Voluntary Compliance with Investment Arbitration Awards: Is There a Trend in Latin America?” at the first Iberoamerican Investment Arbitration Conference-Spanish Arbitration Court, Madrid, Spain, April 2013;
  • “Remedies and Damages in Investment Arbitration,” at the Harvard International Law Journal Symposium, Boston, United States, March 2013;
  • “Investment Treaty Arbitration: Legitimacy of the System and Its Impact in Latin America,” at Columbia University Latin American Arbitration Forum, New York, United States, February 2013;
  • “Multiparty Arbitrations and Consolidation Under the New ICC Rules,” ICC, Buenos Aires, Argentina, October 2012;
  • “Planning to Best Avail of BIT Protections,” at the Southwestern Institute for International and Comparative Law, Dallas, United States, June 2012;
  • “Denunciation of the ICSID Convention,” at the New York University Forum on “International Arbitration in Latin America,” New York, United States, April 2012;
  • “Annulment and Execution of Investment Awards,” at the Biennial IBA Latin American Regional Forum Conference, Bogotá, Columbia, March 2012;
  • “Moral Damages in Investment Disputes,” at the Arbitration Forum 2011, Arbitration and the Recovery of Damages and Loss of Income, Mexico DF, Mexico, September 2011;
  • “Doing Business in Hostile Environments: The Case of Ecuador and Bolivia,” at The Columbia Latin American Week: Investing in Latin America, April 2011;
  • “Denunciation and Renegotiation of Investment Treaties,” at the Encuentro Internacional de Comercio e Inversión, organized by the Ministry of Commerce of Colombia, March 2010).

Publications:

  • Interaction of Substantive Protections Contained in Bilateral Investment Treaties, Fundación Andres Bello (forthcoming).
  • President of the Editing Committee of the Asociación Latinoamericana de Arbitraje (ALARB), 2011 to present.
  • Las cláusulas arbitrales patológicas. La problemática de las cláusulas mix-and-match, Tratado de Derecho Arbitral, El Convenio Arbitral, Tomo II, Colección Estudio, March 2011.
  • Special Correspondent for Latin America for Global Arbitration Review (GAR), 2010 to present.
  • El arbitraje comercial internacional - Estudio de la Convención de Nueva York con motivo de. su 50° aniversario, article on Arbitrabilidad de diferencias contractuales (in collaboration with Nigel Blackaby), published by Abeledo Perrot, October 2008.
  • La Prueba en el Arbitraje Internacional, published by Jurisprudencia Argentina, 2007-1, Número especial, March 2007.
  • Spanish version of Law and Practice of International Commercial Arbitration, Alan Redfern and Martin Hunter, Thomson – La Ley (Forth Edition), December 2006.

Qualifications and education

Noiana received her LLM in International Legal Studies from New York University, her Law Degree, with honors, from Buenos Aires University and her Masters, with honors, from Université Paris I Panthéon. She is admitted to practice in the State of New York and Buenos Aires.

Languages

Spanish, English, French, German.

  • New York

  • 601 Lexington Avenue
  • 31st Floor
  • New York, NY
  • 10022
  • T +1 212 277 4000
  • F +1 212 277 4001

    Direct line
    T +1 212 284 4969
    F +1 646 521 5769


  • noiana.marigo@freshfields.com
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