Kenneth Juan Figueroa

Partner - Washington, D.C.

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202.261.7386

202.785.6687

kfigueroa@foleyhoag.com Download vCard

Kenneth Juan Figueroa is a partner in the firm’s Washington office and a member of the International Litigation and Arbitration Practice. He has substantial experience in international arbitration matters, particularly in Latin America. 

Kenneth’s practice focuses on international disputes, particularly on investor-State matters, commercial arbitration, and sovereign representation. He principally represents foreign States and State-owned entities before U.S. federal courts and international arbitral tribunals, including those established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC) and the International Center for Dispute Resolution (ICDR).

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Education:

  • Columbia University School of Law, J.D. (study abroad at Universidad de Buenos Aires, Fall 2001), 2002
  • Yale University, B.A. (study abroad at Universidad Autónoma de Madrid, Spring 1996), 1997

Languages:

Spanish, Portuguese

Representative Experience

  • Anglo American Plc v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/14/1). Representing the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a major United Kingdom-based mining company under a bilateral investment treaty in connection with a nickel mining concession.
  • Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12). Representing the Republic of El Salvador in an ICSID proceeding commenced by the subsidiary of a Canadian mining company under DR-CAFTA and the Salvadoran Investment Law in connection with an application for a mining concession.
  • TENARIS S.A. and TALTA – Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/26). Representing the Bolivarian Republic of Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of their Venezuelan subsidiary involved in the steel industry.
  • TENARIS S.A. and TALTA – Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/23). Representing the Bolivarian Republic of Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of their Venezuelan subsidiaries involved in the steel industry.
  • Crystallex International Corporation v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/2). Representing the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a mining operating contract.
  • Highbury International AVV and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/1). Represented the Bolivarian Republic of Venezuela in an ICSID proceeding brought by Dutch Antilles and Panamanian companies under bilateral investment treaties in connection with gold and diamond mining concessions.
  • Nova Scotia Power Incorporated v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/1). Represented the Bolivarian Republic of Venezuela in an UNCITRAL arbitration relating to the termination of a coal supply agreement.
  • Gold Reserve, Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/1). Representing the Bolivarian Republic of Venezuela in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a gold mining concession.
  • Representing the Republic of Ecuador in UNCITRAL proceedings brought by a U.S. company under a bilateral investment treaty in connection with a national court decision rendered against it in private litigation.
  • Represented a State-owned petroleum company in ICC proceedings brought by a consortium in connection with a breach of contract claim relating to enhanced oil recovery techniques.
  • Represented a State-owned naval engineering firm in ICC proceedings in connection with breach of contract claims relating to improvements on military vessels.
  • Represented a major Mexican conglomerate in an ICC arbitration against its former joint venture partner in connection with a contract dispute.
  • Represented a major U.S. bank in a complex multi-party ICC arbitration, and related litigation in aid of arbitration, concerning the control of a major Brazilian telecommunications company.
  • Represented a Swiss financial index manager in an ICC arbitration against a U.S. company in connection with a licensing and intellectual property disputes.
  • Represented a Brazilian mining company in ICC proceedings against an Argentine shipping corporation in connection with a maritime dispute.
  • Represented a U.S. company in ICDR proceedings against a Chilean mining company concerning the breach of a copper supply contract.
  • Defended a Mexican rubber producer in U.S. federal court and various state courts in connection with antitrust civil class actions by direct and indirect purchasers.
  • Advised a Mexican rubber producer in negotiations with the European Commission in connection with allegations of antitrust activity.
  • Advised and prepared a senior officer of a U.S. bank in connection with the presentation of testimony at hearings conducted by the Brazilian national congress to investigate a major bribery scandal.
  • Represented a U.S. corporation in a prosecutorial investigation concerning alleged criminal conduct.
  • Represented the central bank of a South American country in connection with sovereign debt restructuring.
  • Represented the central bank of a Central American country in connection with the negotiation and execution of investment management and custody agreements.
  • Assisted in the consultation and preparation of documents in connection with various project financings in Latin America.

 

  • Author, “Jurisprudence Regarding the Most Favored Nation Clause: Attempting to Reach a Consistent Analytical Framework.” Investment Arbitration Forum: Developments and Trends. 1st ed. Sonia Rodriquez Jimenez, Herfield Woss, National Autonomous University of Mexico (2013) (Original In Spanish)
  • Author, Immigrants and the Equal Protection Regime: Parens Patriae Standing, Foreign Governments and Protection from Private Discrimination, 102 Colum. L. Rev. 408 (2002)
  • Co-Author (with L. Shore), Dissenting Awards:  Dissents, Concurrences and a Necessary Divide between Investment and Commercial Arbitration, 3:6 Global Arbitration Review 18-20 (2009)

Honors

  • Harlan Fiske Stone Scholar
  • Columbia Law Review, Senior Editor
  • John M. Olin Junior Fellow in Law and Economics

Involvement

  • International Council for Commercial Arbitration
  • International Bar Association
  • American Bar Association, International Law Section
  • New York State Bar Association, International Law Section
  • District of Columbia Bar Association, International Law Section
  • Speaker, III Investment Arbitration Forum, "Jurisprudence regarding the Most Favored Nation Clause: Attempting to Reach a Consistent Analytical Framework," Mexico City, September 2, 2010
  • Speaker, International Mining Professionals Society Luncheon, 60th Annual Rocky Mountain Mineral Law Institute, “Mining Disputes in Investor-State Arbitration: An Overview,” Vail, Colorado, July 18, 2014
  • Speaker, IBA Conference on Mining in Africa: Opportunities and Legal Challenges, "Stabilization Agreements and Legislation: The Enforceability of Stabilization Agreements," Dar es-Salam, Tanzania, September 8, 2014 
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Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals Second Circuit