Rafael Gil Nievas

Founding Partner
rgilnievas@gncilaw.com+34 627 53 73 48
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Rafael is Founding Partner of GNCI Law Firm. Previously, Rafael was Of Counsel for arbitration matters in international law firm Eversheds Sutherland, Madrid, deputy Head of Arbitration at the Kingdom of Spain Government, General Counsel of Cepsa, General Counsel for the Americas at Iberdrola and counsellor of Justice of Spain in the EU.

Rafael specializes in arbitration, mediation and alternative dispute resolution. He has also developed his professional career in international arbitration entities occupying relevant positions as an arbitration and negotiation advisor. He is State lawyer on leave of absence.

He has been involved in more than 70 arbitrations in various jurisdictions, including more than 35 investment arbitrations. As a State lawyer, he co-led the Green Power and CSP Equity-Abengoa cases against Spain. He has been a negotiator of the Rome I and Rome II Regulations, the Brussels I Recast Regulation, Hague Conference Conventions, the reform of the Energy Charter Treaty and the ICSID Arbitration Rules, among others. Gil Nievas is Chairman of the Corporate Arbitration Group of CIAM-CIAR, Professor of Arbitration, Mediation and ADR at the Universidad Pontificia Comillas (ICADE), at the Madrid Arbitration and Mediation Centre, and has lectured at the most prestigious universities in the world, such as Harvard or Columbia, at the Paris Arbitration Week or at the Annual Congress of the International Bar Association.

Rafael also became the Secretary of the Board of Directors at Toro Finance and Flexible Places, demonstrating his ability to balance multiple responsibilities. He was previously secretary of the Board of Iberdrola USA and of Iberdrola Mexico and of the Port of Las Palmas.

He has a Juris Doctor Degree from Universidad Complutense de Madrid, Spain. He has an LLM from Columbia Law School, New York. Rafael completed the Executive Program on Negotiation (Negotiation C Mediation) from Harvard Law School, Cambridge, MA.

He became a negotiator in the modernization of the Energy Charter Treaty in Brussels, Belgium. He also participated in the modernization of the ICSID Arbitration Rules in Washington D.C., USA.

Rafael is an outstanding actor in the arbitration sector in Europe, the US, Latin America, and Asia. He has written several publications about arbitration matters, negotiated Bilateral Investment Treaties and he has participated in conferences and lectures in Spain, the US and in several other jurisdictions.

Rafael played a crucial role as lead counsel in the Green Power vs Spain case, which resulted in a significant victory for the Spanish government. Another important victory in which Rafael was lead counsel was the case CSP Equity v. Spain, demonstrating its ability to resolve complex disputes. He is admitted to the Madrid and certified in New York State Bar Association.

AS COUNSEL

Investment Arbitrations

  • Representation of the Republic of Panamá in an ICSID investment arbitration under the USA-Panamá BIT.
  • Representation of a Latin American State in the enforcement of an ICSID award within a EU State.
  • Representation of a Spanish investor in an ICSID annulment proceeding pertaining a construction and infrastructure investment in the Middle-East.
  • Represented the Kingdom of Spain in over 40 major investment arbitration run under ICISD, UNCITRAL and/or the Arbitration Rules of the Stockholm Chamber of Commerce for claims brought by multiple investors under the Energy Charter Treaty in relation to Spanish Photovoltaic sector. Acted as lead counsel in the two greatest victories of the Government: the Green Power v. Spain case (first case ever where the intra¾EU objection was upheld) and CSP Equity v. Spain (1.5 billion Euros).
    • SCC Cases: CSP Equity v. Spain (2013/094), GreenPower v Spain (2016/135), Alten v. Spain (2015/036), Freif Eurowind v. Spain (2017/060), Triodos v. Spain (2017/194).
    • ICSID Cases: BayWa v. Spain (15/16), Canepa v. Spain (19/4), Cavalum v. Spain (15/34), Cube v. Spain (15/24), DCM v Spain (17/24), E.ON v. Spain (15/35), EBL v. Spain (18/42), Eiser v. Spain annulment 13/36), Eurus v. Spain (16/4), Hydro Energy v. Spain (15/42), Infracapital v. Spain (16/18), Infraestructure Services v. Spain (13/31), Infrared v. Spain (annulment 14/12), Itochu v. Spain (18/25), JGC v. Spain (annulment 15/27), KS Invest v. Spain (15/25), Landesbank v. Spain (15/45), Masdar v. Spain (annulment 14/1), Mathias Kruck (15/23), Mitsui v. Spain (20/47), Nextera v. Spain (annulment 14/11), Opera Fund v. Spain (15/36), Portigon v. Spain (17/15), Renergy v. Spain (14/18), RREEF v. Spain (13/30), RWE v. Spain (14/34), Sapec v. Spain (19/23), Sevilla v. Spain (16/27), Solar 1 and 2 v. Spain (21/39), Solar Farms v. Spain (18/45), Solar Jerez v. Spain (19/30), Soles Badajoz v. Spain (15/38), Stardwerke v. Spain (15/1), Sun Flower Olmeda v. Spain (16/17), TS Villalba v. Spain (21/43), Watkins v. Spain (17/44), Iberdrola v. Guatemala (09/5).
    • UNCITRAL Cases: Corcoesto v. Spain (2016/26), EDF v. Spain (AA v. Spain (AA613), PV Investors v Spain (2012/14), Iberdrola v. Bolivia (settled before registration).

Commercial Arbitrations

  • Representation of Central American businessman companies in a legal dispute against US funds and investment banks concerning the shareholders agreement and the sale of a company in an US Arbitration Court.
  • Representation of a Spanish company in litigation against a US company concerning a distribution agreement in an US Arbitration Court.
  • Representation of a shareholder in a legal dispute against another shareholder regarding alleged violations of a shareholder’s agreement and claiming redemption of shares in a Spanish Arbitration Court.
  • Representation of a Korean company in litigation against a big multinational corporation regarding an alleged breach of an agent contract in a Spanish Arbitration court.
  • Representation of Spanish companies in litigation against a Dutch investment company regarding an alleged breach of a shareholders agreement in a Netherlands Arbitration court.
  • Representation of a Spanish government-owned company in a legal dispute against a country in Latin America.
  • Representation of a Spanish energy company in litigation against a Nigerian energy company regarding an oil contract in a UK Arbitration Court.
  • Representation of an oil company in litigation against a cargo company due to a breach of a cargo agreement in a UK Arbitration Court.
  • Representation of the fund in litigation against the management of a private equity firm regarding management issues in a Spanish Arbitration Court.
  • Representation of a construction company in litigation against the owner of a project due to lack of payment in a French Arbitration Court.
  • Representation of a Bolivian company in litigation against a Dutch company related to the sale of an asset in a French Arbitration Court.
  • Representation of a Spanish oil company as the defendant in litigation against a Nigerian energy company for the construction of an energy facility in a French Arbitration Court.
  • Representation of a Spanish energy company as the defendant in litigation against a Chilean company for the sale of a water utility in a Chilean Arbitration Court.
  • Representation of a Spanish energy company in litigation against a Chilean construction company for the construction of a hydro energy plant in a Chilean Arbitration Court.
  • Representation of a Spanish company as the defendant in litigation against a Chilean construction company for the construction of a hydro energy plant in a French Arbitration Court.
  • Representation of a Spanish engineering company as the defendant in litigation against a Middle East Government owned company for the construction of an energy plant in a Middle East Arbitration Court.

AS ARBITRATOR

  • Mexican construction company v. Mexican energy company for the construction of an energy plant.
  • Chilean energy group v. Brazilian private equity regarding the sale of energy assets.