José García Cueto focuses his practice on commercial and investor-state international arbitration and mediation matters in Latin America and the US.
He has extensive experience advising in infrastructure (oil & gas, renewables, power plants, and construction disputes generally) post M&A disputes and investment related disputes.
He has experience advising on ICSID, ICC AAA, UNCITRAL, ICDR and ad hoc arbitrations, among others.
Commercial arbitration
- TrustWallet, a major crypto industry client, in a US$1.02 trillion AAA arbitration.
- The EPC contractor in a US$1.3 billion dispute related to the construction of a thermoelectric power plant in Latin America.
- The EPC contractor against the owner in a dispute concerning the construction of the access roads of a hydroelectric power plant in the Americas.
- A JV partner against its partner in ICC arbitrations related to a membership interest
- A bank against a debtor in potential ICC proceedings related to defaulting in certain loans
- The owner of a oil pipeline against one of its shareholders in ICDR arbitration
- The owner of a petrochemicals plant in a commercial dispute regarding a take or pay contract
- The supplier against the purchaser in an ICC arbitration related to the sale and purchase of defense industry equipment.
- The owner of an LNG small scale plant in two take or pay consolidated ICC arbitrations
- The contractor and O&M provider against the owner in an ICC dispute related to the construction and maintenance of a power plant in South America.
- The EPC contractor against main subcontractor in an ICC dispute related to the construction of an 800 MW combined cycle power plant in South America.
- The EPC contractor against the owner an ICC dispute related to the construction of an gas-fired thermal power plant in the Americas.
- The EPC contractor against the owner in an ICC arbitration related to the construction of the natural gas network in Peru.
- A major oil and gas company in a US$160 million ICDR arbitration related to an option agreement.
- A contractor against the owner in an ICC arbitration concerning the construction of a 300 km gas pipeline in Latin America.
- A subcontractor against the contractor in a dispute related to the construction of a gas fuelled power plant in Latin America.
- A contractor against the owner in an ICC dispute board in Latin America related to the construction of a road in Latin America.
- A petrochemical company on its claims against a contractor in relation to the construction of a polyethylene plant.
- A partner in a JV against its partner in an ICC arbitration related to the construction of a combined cycle power plant in Latin America.
- A contractor against the owner in an ICC arbitration related to the construction of a of a combined cycle power plant in Latin America.
- A contractor against the owner in three ICC arbitration relating to the construction of a pipeline in Latin America.
- A European multinational in a dispute related to the three international airports in Latin America.
- The owner against the contractor in a potential ICC arbitration concerning the construction of a steam power plant in Latin America.
- A consortium against the owner in two consolidated ICC arbitrations concerning the construction of three gas plants in Latin America.
- A consortium against the owner in a potential ICC arbitration concerning the expansion of a hydroelectric power plant in Latin America.
- A consortium in four separate ICC claims against the owner concerning a construction project in Central America.
- The contractor against the electromechanical subcontractor in an ICC arbitration concerning the construction of a hydroelectric plant in Latin America.
- A subcontractor against the contractor in an ICC arbitration concerning the expansion and overhaul of an oil refinery in South America.
- A construction company in an arbitration related the distribution of the income between our client and the other members of a temporary joint venture (UTE) created to build a road in Latin America.
- Multinational engineering company in an ICC arbitration dispute with its South Korean joint venture partner concerning the construction and refurbishment of a Mexican oil refinery.
- A chinese multinational in a contract dispute against a mexican counterpart in an ICC arbitration.
- The owner of the plants in a take or pay dispute with its mexican counterpart in an ICC mediation.
- A private equity in a dispute against Mexico related to the issuance of permits.
- Representing the buyer against the seller in a AAA post M&A dispute related to the worldwide rights over a pharma product
- An LNG owner against a consultant in an ad hoc arbitration.
- A major oil and gas company in a post M&A arbitration price adjustment dispute
- A major Latin American conglomerate in a post M&A dispute
- A consultant against a trading house in a fee related dispute
- The Republic of Guatemala in fighting recognition and enforcement proceedings an international award.
Investor-State arbitration
- JP Morgan Chase Bank, Patria Investimentos, CIFI and two Goldman Sach funds in a ICSID arbitration against a State in a dispute for the termination of a concession contract (ICSID Case No. ARB/23/10)
- Abertis Infraestructuras in an UNCITRAL arbitration against Bolivia under the Spain-Bolivia BIT, the dispute concerning the expropriation of the investments in airport concessions (PCA Case No. 2011-14)
- Abertis in a potential UNCITRAL dispute against Bolivia related to the breach of a settlement agreement.
- Enel Fortuna in an ICSID arbitration against Panama under the Italy-Panama BIT, concerning investments in a hydroelectric power plant (ICSID case No. ARB/19/5)
- Consorcio Cementero del Sur SA in an arbitration against Bolivia under the Peru-Bolivia BIT, concerning the nationalisation of investments in a cement company (PCA Case No. 2020-47)
- Enel Green Power in an ICSID arbitration against the Republic of El Salvador launched under the El Salvador investment law, the dispute concerning lack of compliance with an ICC award (ICSID Case ARB/13/18)
- Enel Green Power in an ICSID arbitration against Costa Rica under the Chile-Costa Rica BIT, concerning investments in hydroelectrical power plants (ICSID case No. ARB/21/49)
- Eléctricas de Medellín Ingeniería y Servicios S.A.S. in a US$ 600 million ICSID investor state arbitration against Honduras related to the concession to operate the electricity grid in Honduras (ICSID Case No.ARB/24/24)
- Odebrecht Latinvest Sarl in an ICSID arbitration against Peru under the Belgium-Luxembourg-Peru BIT concerning the expropriation of investments in a gas pipeline (ICSID Case No. ARB/20/4)
- Steag GmbH in an ICSID annulment arbitration against the Kingdom of Spain under the ECT, concerning certain measures taken by Spain to its investment in the renewable energy sector (ICSID Case No. ARB/15/4)
- A European investor in a potential US$2 billion ICSID investor state arbitration against Mexico related to changes in the energy market that impacted all of ENEL's renewable investment in Mexico
- A US company in a potential ICSID arbitration against Chile related to changes in the energy sector.
- The lenders of an ICSID investment arbitration against Mexico related to the permits to operate a power plant.
- A European investor in a potential ICSID arbitration against Mexico related to its investment in the renewable energy sector.
- Doups Holdings LLC and Sepadeve International LLC (partial representation) in an ICSID arbitration against Mexico concerning the early termination of a contract for the operation of parking concessions (ICSID Case No. ARB/23/6 and ICSID Case No. ARB/22/24)
- Red Eagle and Galway Gold (partial representation) in launching ICSID arbitrations against Colombia under the Canada-Colombia FTA, concerning investments in mines (ICSID Case No. ARB/18/12 ICSID Case No. ARB/18/13)
News and client work
Contact details
- Clifford Chance, Washington D.C.
- +1 202 912 5123
- Email me
- Speaks English and Spanish
- Practice area Litigation, dispute resolution & risk management
Career & qualifications
- ESADE University, Barcelona, Spain (Law) 2009
- ESADE University, Barcelona, Spain (Master of Laws in Business Law) 2009
- Admitted as an Abogado in Barcelona 2009
- Associate, Garrigues, 2009
- Harvard University and Centro de Estudios Garrigues, Barcelona, Spain (Master Executive in Business Law) 2011
- Georgetown University Law Centre, Washington, D.C.,USA (LL.M) 2014
- Joined Clifford Chance 2014
- Admitted as an Attorney at Law in New York 2015
- Admitted as a Special Legal Consultant in Washington D.C. in 2016
- Admitted as an Attorney-at-law in Washington D.C. in 2021
- Partner since May 2022
Awards and citations
- Next Generation Partner – Legal 500 Latin America 2024.
- "José García Cueto is a rising star. One of the best arbitration experts. His ability to design strategies and anticipate the movements of the opponents in arbitration gives us the security of having the best legal defence. His legal and market knowledge is the best I have seen in the field of international arbitration." Legal 500 Latin America 2024: International firms: International arbitration – Tier 4.
- "The biggest plus is that they are lawyers of Hispanic American origin with a clear and defined client focus. José García Cueto is one of the best lawyers I have ever seen. He presents clear and convincing arguments and is an excellent interrogator." Legal 500, Latin America 2024.
- Next Generation Partner – Legal 500, United States 2023, International Arbitration.
- "José García Cueto is the best attorney of their generation: fast, accurate and convincing. He is very young and he is already partner and leading the LATAM arbitration practice in Clifford Chance." Legal 500, United States 2023, International Arbitration.
- Ranked Up and Coming – Chambers 2023, International Arbitration in USA – Nationwide.
- "José is one of the best attorneys of his generation. He is clever, fast, accurate: he could work very well under short-term deadlines." Chambers 2023, International Arbitration in USA – Nationwide.