COMMERCIAL ARBITRATION

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Acting as Administrative Secretary and Assistant to Arbitral Tribunals: (i) She was appointed Administrative Secretary in an ad hoc arbitration conducted under UNCITRAL Rules between a Mexican real estate development consortium and an investor under a trust agreement. (ii) She assisted an arbitral tribunal in an ICC arbitration, held between a consortium of Spanish, U.S. and Dominican investors against the Dominican Republic, arising from a toll road concession contract. (iii) She assisted an arbitral tribunal in an arbitration conducted under ICDR Rules between an American manufacturer of automobiles and its Costa Rican dealership, arising from a distribution agreement.

 

Acting as Party Representative in International Arbitration: Michelle has acted as party representative in a relevant number of proceedings, including the following: (i) She participated in the team that represented a Mexican construction consortium in an ICC arbitration against a state-owned Mexican electricity company (CFE), arising from the construction of a hydroelectric dam. The amount in dispute exceeded $50 million dollars. In this case a final award in favor of the Mexican construction consortium was obtained. (ii) She represented a consortium in the food & beverage industry against an American conglomerate, in an ICC arbitration arising from a group of franchise agreements. (iii) She represented a Mexican manufacturer of phenolic resins in an ICDR arbitration brought under a toll manufacturing agreement, against a U.S. public company in the business of hydraulic fracturing. In this case the award was favorable to the Mexican manufacturer, and a judgment of several million dollars was obtained. (iv) She represented the Mexican affiliate of a German construction company in an ICC arbitration initiated by a multinational group in the natural gas industry. (v) She represented the Mexican subsidiary of a Spanish construction company in an LCIA arbitration against a state-owned Mexican electricity company (CFE). (vi) She represented the Mexican subsidiary of a brewing company in an ICC arbitration initiated against its Guatemalan distributors, concerning a distribution and sales international agreement under the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this case a favorable award was also obtained. (vii) She represented the 51% of shareholders of a Mexican insurance company in an ICC arbitration against an insurance company based in the Netherlands, as well as its Mexican subsidiaries, under a joint venture agreement. The amount in dispute was $21 million dollars. The award in this case was favorable to the Mexican shareholders. (viii) In an ICC arbitration involving a $400 million dollar amount, she represented the Mexican affiliate of a British tobacco company against the Mexican affiliate of a Japanese tobacco company under a joint venture agreement.

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INVESTOR-STATE ARBITRATION 

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Acting as Administrative Secretary and an Assistant to the Arbitral Tribunal: (i) She assisted the members of an arbitral tribunal in an ICSID case brought by a British investor against the Republic of Hungary, under the Energy Charter Treaty. (ii) She assisted a co-arbitrator in an ICSID case initiated by an Israeli investor against the Republic of Uzbekistan, under the Israel-Uzbekistan BIT.