José Manuel García Represa

Practice Areas

José Manuel García Represa is a founding partner at Wordstone Dispute Resolution, specializing in international commercial arbitration and investment arbitration in proceedings under the major institutional rules including UNCITRAL, ICSID, ICC, among others.

José-Manuel’s practice focuses on disputes relating to Latin America, Europe and Africa. He regularly represents clients in arbitrations involving concession contracts, hydrocarbons, engineering and construction, the generation and distribution of electric power (both renewable and conventional), mining, and industrial facilities. He also regularly acts as an arbitrator.

José-Manuel teaches Damages at Sciences Po Law School (LL.M. in Transnational Arbitration and Dispute Settlement), the specialization course on disputes in the energy and mining sectors (Energy & Mining Disputes II) at the LL.M. A.W.Ar.D.S (Assas World Arbitration and Disputes Settlement) of the University Paris II – Panthéon Assas, and Witness & Expert Cross-Examination at the Swiss Arbitration Academy.

Career

Columbia University – LL.M., 2003, Fulbright Scholar

University of Paris I – Sorbonne, Master in International Business Law, 2001, La Caixa Scholar

Universidad Complutense de Madrid, Bachelor in Law, 2000

University of Paris I – Sorbonne, Bachelor of Law, 2000

Professional Memberships

He is admitted to the Paris, Madrid and NY Bars.

In 2018, José-Manuel was appointed as a member of the ICC Working Group on Climate Change Arbitrations and presently sits as Chair of the Spanish Arbitration Club (CEA) in France.

Publications

Recent publications:

Book chapter “Convencer y dejarse convencer. ¿Por qué un argumento funciona ante un tribunal arbitral internacional?”, Libro homenaje a Miguel Ángel Fernández-Ballesteros (2024)

Coordinator of the “Panorama de jurisprudencia francesa”, Revista del Club Español e Iberoamericano de Arbitraje/Iurgium (2021-2024)

Book chapter “Effectiveness of compliance in environment and human rights: appropriate reparations: corrective actions, affectation of proceeds and rehabilitation over time”, Navigating the New Contents of International Public Policy – Compliance in Environment and Human Rights – ICC Institute Dossier XXI (2023)

Book chapter “What does it mean to be ”Pro-arbitration”? a due process analysis in “pro-arbitration”? A Due process analysis”, A tribute to Professor George Bermann from his students over the years, JURIS Arbitration Law (2023)

Book chapter “Telecoms arbitrations in Latin America” co-author, The Guide to Telecoms Arbitrations, Global Arbitration Review (2022)

Book chapter “mining arbitration in latin america: social and environmental issues in investment arbitration cases” co-author, The Guide to Construction Arbitration, Global Arbitration Review (2019)

Book chapter “Construction arbitration and concession contracts” co-author, The Guide to Construction Arbitration, Global Arbitration Review (2016, 2018 and 2019)

Industry Sector Expertise

Energy, oil and gas, mining, construction, engineering, real state, financial services, transport, pharmaceutical/life sciences and telecommunications.

Experience

Recent Experience:

Representing a French engineering and construction company in an ICC arbitration with a Central American State entity related to the construction of a hydroelectric power generation plant.

Representing an Argentinean construction group against the Republic of Peru in an ICSID arbitration arising out of the alleged wrongful termination of a highway construction and concession contract.

Representing a group of Costa Rican and Dutch investors in a dispute against Panama relating to a hotel development.

Representing Colombian investors against the Republic of Chile relating to investments in the transportation industry.

Representing Interconexión, a large power transmission company, against the Republic of Chile, in an ICSID arbitration under the Free Trade Agreement Colombia – Chile, relating to the construction and operation of a power line and the imposition of fines by the State.

Representing the Republic of Ecuador in several investment arbitration with foreign oil & gas, mining and telecommunications companies.

Representing the Plurinational State of Bolivia in several investment disputes arising from nationalizations and other measures in the mining, telecommunications, airports, and oil & gas sectors.

Representing the Republic of Colombia in various investment disputes.

Representing the Republic of Guatemala in a PCA-UNCITRAL arbitration arising from the investor’s non-compliance with local income tax regulations and the ensuing tax investigations.

Representing the Republic of Poland in two parallel PCA-UNCITRAL arbitrations arising out of the alleged loss of the claimants’ investments in coal mines.

Representing the Argentine Republic in an ICSID arbitration arising out of tariff regulations for electricity generation and distribution.

Representing the Arab Republic of Egypt against 13 Kuwaiti claimants in an ICSID arbitration arising from a project to develop desert land for urban and agricultural use.

Represented an American bank’s Spanish subsidiary against a Spanish bank in an ICC arbitration arising from a Business Transfer Agreement.