ArbitratorBridging the Gap between Law and Quantum
Antolín Fernández Antuña’s Two Key Qualities as Arbitrator
In international arbitration, where stakes are high, the parties diverge considerably in their interpretation of matters of law, and even more so in their approach to the financial core of the dispute.
As a matter of fact, this gap between the parties represents on average 88% of the total claim (PwC International Arbitration Damages Research).
This entails the imperative need to deal with the complex quantum reports presented by the opposing parties, as they are the very foundation of the award.
It therefore stands to reason, particularly in light of the fact that approximately one of two awards results in compensation, upholding claims in part or in full (ICSID caseload Statistics), that arbitrators should possess the best possible financial knowledge.
This is where Antolín Fernández Antuña’s varied academic background and his hands-on experience with the Ministry of Economy and Public Finance since 2004 and investment arbitration cases, combine to offer a unique blend of skills in both Law and Finance.
Proven Expertise in Finance
As State Finance Inspector and expert in international taxation, he has performed financial and tax investigations of a multitude of domestic and multinational corporations, some listed in IBEX 35, FTSE 100 and NASDAQ 100, with up to $50 billion in revenue. He has audited hundreds of financial statements, adjudicated the appropriate tax amounts, and quantified the fair value of assets, rights and enterprises.
As a lawyer in international arbitration, he has instructed experts and cross-examined some of the best experts in the world in 35 cross-examinations.
Unique Experience in Investor-State Arbitration
With 40+ investment arbitrations representing the State (up to $10 billion in claims), 29 hearings on the merits as counsel and 42 cross-examinations personally performed over the past five years, he is one of the lawyers with the greatest experience in Investor-State arbitration in the world.
He is a member of organizations such as the International Bar Association (IBA, Arbitration Committee), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Madrid Court of Arbitration (CAM), the International Council for Commercial Arbitration (ICCA), and the Club Español del Arbitraje (CEA).
He is perfectly fluent in Spanish and English and conversant in French.
He is State Finance Inspector (on leave) and has been State Attorney Authorized by the State Attorney General. Admitted to the Bar in Spain and Certified Accounts Auditor. He holds a Bachelor’s Degree in Law, a Bachelor’s Degree in Economics, and a Master of Public Administration, Public Policy and Taxation.