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Aníbal Martín Sabater
Aníbal Sabater is an international arbitration specialist with over 20 years of experience, representing clients from around the world and industries as diverse as construction, energy, mining, shipping, technology, and telecommunications, in arbitrations under all major international arbitration rules, including AAA/ICDR, ICC, LCIA, and UNCITRAL. He has also acted in several investment arbitration cases under the UNCITRAL Rules and the ICSID Convention/Rules, as well as in commercial disputes involving states and state-owned entities. Licensed in several US jurisdictions, England and Wales (solicitor), and Spain, Aníbal has represented clients in disputes governed by the laws of more than 20 nations across Latin America, North America, Europe, North Africa, and the Middle East.
Aníbal joined Chaffetz Lindsey in January 2015 and was previously a partner at Norton Rose Fulbright, having spent 11 years with the firm in their Houston and New York offices. Prior to that, Aníbal practiced for six years at Gómez-Acebo & Pombo in Madrid. Among his many cases, Aníbal successfully argued one of the first applications for emergency interim relief under the ICDR Rules. He also was lead counsel in an award enforcement case that led to the overruling of earlier anti-arbitration (and “pro-Italian torpedo”) jurisprudence in several European jurisdictions. With respect to cases involving sovereigns, Aníbal was part of the team representing a major energy company in its ICSID claims against Ecuador and Peru, which included the first bilateral investment treaty claims for denial of justice brought to ICSID and the first international case to test Peru’s legal stability regime. He has also represented a US company in various UNCITRAL arbitrations against a foreign state instrumentality, and advised companies and individuals bringing claims against states under the European Convention on Human Rights and the Inter-American Convention on Human Rights. In recent years, Aníbal has also done work for a state oil company and for a Latin American state.
Aníbal frequently acts as an arbitrator in complex matters under all major international arbitration rules and was short-listed for the 2015 Global Arbitration Review Awards in the Best Prepared/Most Responsive Arbitrator category. Aníbal’s experience is recognized by leading industry guides, including Chambers USA, Chambers Global, Chambers Latin America, and Global Arbitration Review’s “45 Under 45” (2011 edition). Actively involved in professional organizations, Aníbal is the chair of the International Law Committee of the Association of the Bar of the City of New York, a member of the Executive Committee of the New York International Arbitration Center, a Fellow of the Chartered Institute of Arbitrators, the chair of the NY/DC chapter of the Spanish Arbitration Club and a Vice President of the American Branch of the International Law Association. He was also a member of the committee that worked on the first ever ICDR expedited procedures, and is a member of the ICC Taskforce on Financial Institutions and the ICC Taskforce on Emergency Arbitrator Proceedings.
A frequent commentator on developments in international arbitration, in both English and Spanish, Aníbal authored a commentary to the EU provisions on international dispute resolution, an often-cited handbook on the enforcement of foreign awards in Spain, and numerous articles, including a recent one on how energy disputes have shaped investment arbitration. He also speaks frequently at international arbitration conferences and seminars. Between 1997 and 2002, Aníbal taught dispute resolution courses at the Faculty of Law of the Universidad Complutense de Madrid, where he became an Associate Professor. Aníbal is fluent in English and Spanish, and proficient in French and German.
- Representing a company in ad hoc mediation proceedings stemming from the purchase of a Latin American bank.
- Representing an investor in an investment treaty arbitration against a Latin American sovereign over certain tax measures (UNCITRAL arbitration).
- Advising a multinational in connection with the settlement of a dispute over a failed joint venture with a major competitor.
- Representing the subsidiary of a major international energy company in a dispute over the construction of a power plant in Latin America (ICC arbitration).
- Representing an applicant in European Court of Human Rights proceedings against Spain.
- Representing a European shipping company in a dispute involving AAA arbitration proceedings and litigation in two foreign jurisdictions.
- Advising a multinational over its conduct of business in internationally contested territories.
- Representing a European company in a construction dispute involving the Middle East.
- Advising a company in connection with European Convention on Human Rights claims against a European state.
- Representing a US company in a dispute with a Russian entity involving an agreement to license IP and technology (ICC arbitration).
- Representing two US companies in a dispute involving the fracking industry (ICDR mediation, followed by ICDR arbitration).
- Representing a North-American energy company in a contractual dispute against a Latin-American state-owned entity (UNCITRAL arbitration; the case also involved 28 USC 1782 applications for discovery and depositions filed by the Latin-American state-owned entity).
- Representing a US oil services company in a dispute against an Eurasian oil company (ICDR arbitration; as part of this representation, Aníbal successfully requested and obtained emergency interim relief for the US company under Article 37 of the ICDR International Arbitration Rules; this was the third application of this type ever granted).
As an arbitrator:
- Chairman of Tribunal in dispute over power plant construction contract (ICC arbitration).
- Co-arbitrator in mining dispute (ICC arbitration).
- Chairman of the Tribunal in telecommunications dispute (ICDR arbitration).
- Co-arbitrator in financial dispute (UNCITRAL arbitration).
- Chairman of the Tribunal in dispute over construction of chemical facility in Latin America (ICC arbitration).
- Co-arbitrator in dispute over satellite joint-venture (ICC arbitration).
- Chairman of the Tribunal in dispute over supply agreement (IACAC arbitration).
- Sole arbitrator in dispute between foreign company and African state (ICC arbitration).
- Sole arbitrator in dispute between U.S. citizen and European state (ICDR arbitration).
- Chairman of the Tribunal in software dispute (ICDR arbitration).
- Co-arbitrator in dispute over an international construction project in Arizona (ICC arbitration).
- Co-panelist in independent review process concerning top-level domain (ICANN / ICDR matter).
- Emergency arbitrator in contractual dispute (AAA arbitration).
- Co-arbitrator in dispute over purchase of telecommunications company (ICDR arbitration).
- Sole arbitrator in international maritime personal injury case (ICDR arbitration).
- Co-arbitrator in dispute over agreement concerning ownership and operation of major sport’s tournament (ICC arbitration).
- Sole arbitrator in dispute in dispute over international sale of goods (ICDR arbitration).
- Co-arbitrator in dispute over an international construction project in Kansas (ICC arbitration).
- Co-arbitrator in dispute over construction project in Chile (ICDR arbitration).
- Emergency arbitrator in dispute stemming from shareholders’ agreement (AAA arbitration).
- Co-arbitrator in maritime dispute (Houston Maritime Arbitrators Association arbitration).
- Co-arbitrator in dispute concerning financial services (ICC arbitration).
- Emergency arbitrator in a dispute stemming from asset purchase agreement (ICC arbitration).
- Sole arbitrator in dispute stemming from international sale of goods (ICDR arbitration).
- Chairman of the tribunal in an international real estate dispute (ICDR arbitration).
- Sole arbitrator in a dispute concerning the representation of a world famous athlete (AAA arbitration).
- Co-arbitrator in a dispute involving a sporting event (AAA arbitration).
- Co-arbitrator in a construction dispute (ICC arbitration).
- Co-arbitrator in a dispute involving financial services (SIAC arbitration).
- Chairman of the tribunal in disputes involving a Latin American state-controlled entity (two IACAC arbitrations).
- Emergency arbitrator in a dispute involving a services agreement (emergency proceedings under the AAA Optional Rules for Emergency Measures of Protection).
- “Optional Appellate Arbitration Rules: Are They Good For Your Case?” (with Practical Law Arbitration), Thomson Reuters (September 2015).
- “ICDR arbitration–the lawyers’ perspective” LexisPSL (August 2015).
- “International Arbitration Pre-Hearing Checklist” New York International Arbitration Center (July 2015).
- “Increasing Convergence and Sophistication in Emergency Arbitral Relief” (with Mark Stadnyk), Mealey’s International Arbitration Report Vol. 29, #12 (December 2014).
- “New York’s International Arbitration Judge, One Year Later” (with Mark Stadnyk), New York Law Journal (November 17, 2014).
- “Flintlock’: Precluding Punitive Damages in Arbitration” (with Glen Banks), New York Law Journal (September 22, 2014).
- “Why the ‘Sunday’ Case Does Not Impact on International Arbitration” (with Judith Kaye), Global Arbitration Review (July 22, 2014).
- “International Arbitration and Energy: How Energy Disputes Shaped International Investment Dispute Resolution” (with Mark Stadnyk), Research Handbook on International Energy Law, 199 (2014).
- “Agreeing to and Initiating Arbitration. Survivals and New Arrivals,” International Arbitration – The Coming of a New Age?, ICCA Congress Series No. 17 (2013).
- “Getting Ready for the Unexpected: Applicable Laws, Remedies and Dispute Resolution Strategies for Managing the Early Stages of Political Risk,” Center for American and International Law, Sixty-Third Annual Institute on Oil and Gas Law, Lexis-Nexis Matthew Bender (2012).
- “‘Cultural Conflicts’ in International Arbitration: Myths, Misunderstandings, and Lessons from Dealing with the Unusual,” World Arbitration & Mediation Review, 2012, Vol. 6, No. 1 (José María Abascal Liber Amicorum).
- “La Prueba en el Sistema Anglosajón” (Evidence in the Common Law System), La Ley / Kluwer, Vol. 4 (February 8, 2011).
- “Reconocimiento y Ejecución de Laudos Extranjeros Anulados: Tendencias Globales” (Recognition and Enforcement of Foreign Annulled Award: Global Trends) (with Efrén C. Olivares), Revista Ecuatoriana de Arbitraje (2010).
- “El Incumplimiento de la Obligación de Mediar Establecida en las Cláusulas Med-Arb” (The Breach of the Obligation to Mediate Provided for in Med-Arb Clauses), 1 Boletín Informativo Canaco 6 (January 2007).
Recent Speaking Engagements
- Unused, But Not Forgotten: Uncommon International Treaties That Can Affect Your Arbitration, International Arbitration Club of New York (New York, November 2014).
- NYIAC training program (New York, November 2014).
- ICDR arbitration seminar (Sao Paulo, Brazil, November 2014) and ICDR arbitrator training program (New York, November 2014).
- Diverging Standards of Review of Arbitral Jurisdictional Decisions: How Do Different Courts Review Tribunals’ Decisions on Jurisdiction in Annulment and Enforcement Proceedings, Panelist, Columbia Arbitration Day (New York, March 2014).
- New York: A Bridge Too Far or a Place Called Home for Latin American Arbitration?, Moderator, New York International Arbitration Center / Council of the Americas (New York, February 2014).
- Advanced Arbitrator Training Program, Panelist, International Center for Dispute Resolution and Bogota Mediation and Arbitration Center (Bogota, Colombia, February 2014).
- Legal Stability and Investor Protection, Panelist, Spanish Energy Club (Madrid, Spain, January 2014).
- International Symposia in Advanced Case Management Issues, Trainer, ICDR (New York, December 2013).
- ICDR Rules Advances: Canadian Arbitration Rules, energyarbitratorlist.icdr.org, Expedited Procedures, Last Best Offer Procedures, Moderator, The 11th Annual ICDRMiami International Arbitration Conference (Miami, September 2013).
- Mock ICDR Preliminary Hearing: Advanced Case Management Issues and Practices in International Arbitration, Moderator, The 11th Annual ICDR Miami International Arbitration Conference (Miami, September 2013).
- Mining Disputes’ Particularities, Panelist, Disputes and Arbitration in Natural Resources, Mining, and Energy, ICC Congress (Santiago, Chile, August 2013).
- Making Emergency Interim Relief Work for You, Panelist, International Arbitration in the Pacific Rim, CIarb/ICDR/LACBA Event (Los Angeles, May 2013).
- Clash of Cultures in the Practice of International Arbitration, Panelist, Columbia University Latin American Arbitration Forum (New York, February 2013).
- Universidad Complutense, Madrid, Ph.D., cum laude, 1999.
- Universidad Complutense, Madrid, J.D., first in the class, 1997.
- Spain, 1997.
- California, 2005.
- Roll of solicitors in England and Wales, 2008.
- District of Columbia, 2011.
- Registered Foreign Legal Consultant, New York, 2012.