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 (Ministry of Justice), combine to offer a unique blend of skills in both Law and Finance.
Unique Experience in Arbitration
With 45+ arbitrations, and 30+ ICSID cases (Arbitrator, Counsel, Expert), he is one of the lawyers with the greatest experience in international arbitration. Amongst other cases:
– Nacato N.V. and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/22/6). Insurance company, finance. Arbitrator, appointed by the ICSID Secretary-General.
– Mainstream Renewable Power Ltd and others v. Federal Republic of Germany (ICSID Case No. ARB/21/26). Offshore Wind. Arbitrator, appointed by Germany.
– Dick Fernando Abanto Ishivata v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/18/6). Telecommunications. Arbitrator, appointed by Venezuela.
– Telefónica, S.A. v. Republic of Colombia (ICSID Case No. ARB/18/3). Telecommunications. Legal Expert, appointed by Colombia.
– CCL Arbitration under the Rules of the Arbitration Center of the Lima Chamber of Commerce. Arbitrator, appointed by the Claimant.
– Company v. financial institution, CAM arbitration under Madrid Court of Arbitration rules. Financial services. Sole Arbitrator, appointed by the Court.
– Company v. financial institution, CEA arbitration under the rules of the Spanish Court of Arbitration. Financial services. Sole Arbitrator, appointed by the Court.
– Company v. directors, CAM arbitration under Madrid Court of Arbitration rules. Arbitrator, appointed by the Court.
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 40+ cross-examinations.
He is a member of organizations such as: Chartered Institute of Arbitrators (Fellow, FCIArb), International Chamber of Commerce (ICC), Madrid Court of Arbitration (CAM), London Court of International Arbitration (LCIA), British Institute of International & Comparative Law (BIICL), International Council for Commercial Arbitration (ICCA), Club Español del Arbitraje (CEA), and Club de Derecho de la Construcción y la Ingeniería (CDCI), Corresponding Society of the European Society of Construction Law (ESCL).
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. Certified Accounts Auditor, ROAC. He holds a Bachelor’s Degree in Law, a Bachelor’s Degree in Economics, and a Master of Public Administration, Public Policy and Taxation.
Selected by the European Union for its pool of arbitrators (List of European Union Candidates Suitable for Appointment as Arbitrators and Trade and Sustainable Development Experts) and admitted to the panel of arbitrators of the following international arbitral institutions:
• Energy Disputes Arbitration Center (EDAC)
• Corte de Arbitraje de Madrid (CAM)
• Corte Española de Arbitraje (CEA)
• Asociación Europea de Arbitraje
• Chambre Arbitrale Internationale de Paris (CAIP)
• Vienna International Arbitral Centre (VIAC)
• Centro de Arbitraje de México (CAM)
• World Intellectual Property Organization Arbitration and Mediation Center (WIPO)
• Cámara de Arbitragem e Mediação de Santa Catarina (CAMESC, Brasil)
• Centro Internacional de Arbitraje de AmCham Perú
• Indian Dispute Resolution Centre (IDRC)
• Maldives International Arbitration Centre (MIAC)
• Brunei Darussalam Arbitration Centre (BDAC)
• Lebanese Arbitration and Mediation Center (LAMC)
• Arbitration Court at the Bulgarian Chamber of Commerce and Industry (AC-BCCI)
• Court of International Commercial Arbitration Attached to the Chamber of Commerce and Industry of Romania (CCIR)
• Georgian International Arbitration Centre (GIAC)
• International Court of Arbitration in Affiliation with the Chamber of Commerce and Industry of the Kyrgyz Republic (ICA CCI KR)
• Center for International Investment and Commercial Arbitration (CIICA, Pakistan)
• Arbitration and Mediation Court of the Caribbean (AMCC, Barbados)
• Qatar International Center for Conciliation and Arbitration (QICCA)
• British Virgin Islands International Arbitration Centre (BVI IAC)
• Asian International Arbitration Centre (AIAC, Malaysia)
• Thailand Arbitration Center (THAC)
• Korean Commercial Arbitration Board (KCAB)
• Japan Commercial Arbitration Association (JCAA)
• Shanghai Arbitration Commission (SHAC)
• Hong Kong International Arbitration Centre (HKIAC)
• Singapore International Arbitration Centre (SIAC)