Kenneth Juan Figueroa

Partner - Washington, D.C.

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Contact Information

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 arbitration and litigation matters, 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

  • Representing a Latin American country in an ICSID (Additional Facility) proceeding brought by a Canadian company under a bilateral investment treaty in connection with a mining operating contract.
  • Representing a Latin American country in an ICSID proceeding brought by a Dutch company under a bilateral investment treaty in connection with a mining concession.
  • Representing a Latin American country in an UNCITRAL arbitration relating to the termination of a coal supply agreement.
  • Representing a Latin American country in ICSID proceedings brought by a U.S. company under a bilateral investment treaty in connection with a State court decision rendered against it in private litigation.
  • Representing 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.
  • Representing a State-owned naval engineering firm in ICC proceedings in connection with breach of contract claims relating to improvements on military vessels.
  • Representing a major Mexican conglomerate in an ICC arbitration against its former joint venture partner in connection with a contract dispute.
  • Defending 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.
  • Advising a Mexican rubber producer in negotiations with the European Commission in connection with allegations of antitrust activity.
  • Representing 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.
  • Advising and preparing 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.
  • Representing a U.S. company in ICDR proceedings against a Chilean mining company concerning the breach of supply contract.
  • Representing a Swiss financial index manager in an ICC arbitration against a U.S. company in connection with a licensing disputes.
  • Representing a Brazilian mining company in ICC proceedings against an Argentine shipping corporation in connection with a maritime dispute.
  • Representing a U.S. corporation in a prosecutorial investigation concerning alleged criminal conduct.
  • Representing the central bank of a South American country in connection with sovereign debt restructuring.
  • Representing the central bank of a Central American country in connection with the negotiation and execution of investment management and custody agreements.
  • 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 Bar Association
  • American Bar Association, International Law Section
  • New York State 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
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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