Luis O'Naghten
Luis O’Naghten is a partner based in Hughes Hubbard’s Miami office. Luis has more than 30 years of experience in international arbitration and commercial litigation, and has deep experience serving as both party counsel and arbitrator throughout the United States, Latin America, and Europe. Annually ranked among the world’s leading international arbitration practitioners, he travels extensively throughout the world to present scholarly lectures to peers and corporate counsel.
Luis’ practice focuses on international financial frauds, energy, construction, telecommunication, and corporate commercial disputes. He represents foreign sovereigns and parties adverse to foreign sovereigns, and provides advice to major international banks, United States and foreign multinational corporations, energy companies, and companies involved in maritime disputes. He represents parties in disputes before United States courts and before international arbitration panels (under ICC, AAA/ICDR, ICSID, and UNCITRAL rules) in a wide range of disputes.
Luis is a member of the ICC Commission on Arbitration, the ICC Task Force for the Revision of the ICC Rules, Chair of the U.S. Council for International Business’ Florida Arbitration Sub-Committee, and a fellow in the Chartered Institute of Arbitrators. He regularly teaches courses in arbitration at the University of Miami School of Law and Universidad Panamericana in Mexico City and Guadalajara. He possesses native fluency in Spanish and handles arbitrations in both Spanish and English with equal agility.
Recognitions
- Recommended in International Litigation and International Arbitration, Legal 500 United States, 2017
- Recognized in the category of "Leaders in their Field" for International Arbitration: Latin America-wide, Chambers Global, 2014-2017
- Recognized for International Arbitration (Foreign Expertise) – USA: Latin America-wide, Chambers Global, 2017
- Ranked in International Arbitration: Latin America-wide, Chambers Latin America, 2014-2017
- Who's Who Legal: Arbitration, 2016-2017
- Winner, Most Effective Lawyer in Arbitration and Mediation, Daily Business Review, 2013
Professional Activities
- International Chamber of Commerce - Commission on Arbitration
- Member, International Chamber of Commerce, Task Force on the "Revision of the ICC Rules"
- Tutor and Assessor, Chartered Institute of Arbitrators
- Fellow, Chartered Institute of Arbitrators
- Chair, United States Council for International Business, Florida Sub-Committee
- Advisory Board, Institute for Transnational Arbitration
- Member, American Bar Association, Section of International Litigation
- Member, International Bar Association, Sections on International Litigation and International Arbitration
- Adjunct Professor, University of Miami School of Law
- Coach, University of Miami School of Law, Spanish Language Moot Arbitration Team
- Adjunct Professor, Universidad Panamericana, Master of Law Program, International Arbitration
- Board of Advisors, Belen Jesuit Prep School
- Board Member, Order of Malta, Cuban Association
Highlighted Publications
- Author, Latin America Overview: "A Long Road Travelled; A Long Road to the Journey's End," International Comparative Legal Guide: International Arbitration, 2012 - 2016 Editions
- Author, "Chapter: Challenging the Arbitration Award," International Arbitration Checklist (3rd Edition), 2015
- Co-author, "Enforcing Arbitration Awards in Florida, Practical Law," Practical Law Litigation, December 2014
- Author, "New York and Miami: Two International Arbitration Venues Likely to get more Active," New York Law Journal, 30 March 2014
- Author, "Responding to Patent Trolls," Association of Corporate Counsel North Florida Focus, Q1 2013
- Co-author, "Taking Evidence in International Arbitration: The New IBA Rules," The International Law Quarterly, Spring 2011
Highlighted Lectures
- Lecturer, "Evidence in International Arbitration: The 2010 IBA Rules of Evidence in International Arbitration," First Annual International Arbitration Diploma (I Diplomado Internacional de Arbitraje), Lima, Peru, 2016
- Panel member, "Defensor de la Fe -- El Tribunal Arbitral; Poder Inherente Para Regular la Conducta de Representantes Legales en el Arbitraje Internacional," Conferencia Latinoamericana de Arbitraje 2016, Miami, Florida, 2016
- Lecturer, "Conduct of an institutional arbitration: Procedure and Evidence in International Arbitration," Summer Course, Complutense University of Madrid (Universidad Complutense de Madrid), Madrid, Spain, 2016
- Speaker, "ICSID: 50 Years of the ICSID Convention: Past Present and Future: Development of the Fair and Equitable Standard and the Minimum Standard of Treatment under Customary International Law," Second Annual Central American Congress on Investment Arbitration, San Salvador, El Salvador, 2016
- Speaker, "Mock Arbitration of Articles 21-211: Document Exchange and Privilege," ICDR Symposium on International Arbitration, Miami, Florida, 2015
- Panel Member, "Hot Topics in International Arbitration," Fist Annual Congress of International Arbitration presented by CBMA de Arbitragem, Rio de Janeiro, Brazil, 2015
- Speaker, "Expropiación y Medidas Fiscales en el Arbitraje de Inversión," Third Annual Seminar on Investment Arbitration, Lima, Peru, 2015
- Speaker, "Domestic and International Public Policy: Public Policy in the United States," Ninth Annual Latin American Conference on Arbitration, Lima, Peru 2015
- Moderator, "Highlights on Jurisprudence: The latest on the approach on the approach of US Courts and Hong Kong Courts in enforcing international arbitration awards," Fourth Annual ICC Asia-Pacific Conference, Seoul, Korea, 2014
- Speaker, "Arbitration myths," Eighth Annual Latin American Conference on Arbitration, Cuzco, Peru, 2014
Interview, "Expert Q&A on the ambiguities of 28 U.S.C. §1782," Practical Law, June/July 2014 - Moderator, "Challenges and Issues with bias and culture in international arbitration," Third Annual LACBA & ICDR International Arbitration Conference, Los Angeles, California, 2014
- Moderator, "Does arbitral jurisprudence exist," Eighth Annual Latin American Conference on Arbitration, Lima, Peru, 2014
- Speaker, "Recent developments regarding 1782 applications in support of international arbitrations," Spanish Arbitration Club, Miami, Florida, 2014
- Speaker, "Miami as a center for commercial disputes involving Latin America," World Services Group conference, Miami, Florida, 2014
- Speaker, "International Perspectives on the Status and Use of Mediation," Eighth Annual ICC New York Conference, New York, New York 2013
- Speaker "The Arbitral Tribunal," "The Arbitral Process," and "The Arbitral Award," Consultoría Jurídica del Poder Ejecutivo's seminar "La Solución de Controversias Derivadas de Contratos," Santo Domingo, Dominican Republic, 2013
Moderator, "Different perspectives: the views of States, Investors, Arbitrators and Arbitral Institutions regarding arbitration in Latin America," US Latin America Legal Summit, Miami, Florida, 2013 - Speaker, "The Role of Lawyers: What You Should and Should Not Do," Seventh Annual Latin American Conference on Arbitration, Lima, Peru, 2013
- Moderator, "Is There a Role For Summary Adjudication in International Arbitration," Institute for Transnational Arbitration's Winter Roundtable, Miami, Florida, 2013
- Panelist, "Arbitration in Engineering and Construction: Calculating Damages in Construction Arbitration," Barcelona Bar Association's International Arbitration Congress, Barcelona, Spain, 2012
- Speaker, "Practica de Pruebas en el Arbitraje Internacional: Las Nuevas Reglas de la IBA Sobre Pruebas," CAM/CANACO's Foro: Jóvenes En Arbitraje, Mexico City, Mexico, 2012
- Panelist, "Cooperación Procesal Internacional: Mecanismos de Asistencia en los Estados Unidos," Academia Mexicana de Derecho Internacional Privado y Comparado, AC, XXXV Seminario de Derecho Internacional Privado y Comparado, Mexico City, Mexico, 2012
- Panelist, "Hot Topics in International Arbitration," The Florida Bar's 10th Annual International Litigation and Arbitration Conference, Miami, Florida, 2012
- Speaker, "Accelerated Route to Fellowship (International Commercial Arbitration)," Chartered Institute of Arbitrators, Santiago, Chile, 2012
- Panelist, "Current Trends and the Future of International Commercial Arbitration," International Commercial Arbitration Symposium (Miami Law - Business Law Review & International and Comparative Law Review), Miami, Florida, 2012
- Panelist, "Arbitration in the Construction, Mining and Telecommunication Sectors," VI Congreso Latinoamericano de Arbitraje, Lima, Perú, 2012
- Speaker, "The New ICC Rules of Arbitration," Miami International Arbitration Society, 2011 Membership Meeting, Miami, Florida, 2011
- Panelist, "Arbitrating Telecom Disputes in Latin America," ICC 9th Annual Miami Conference, Miami, Florida, 2011
- Panelist, "Práctica de Pruebas en el Arbitraje Internacional: Las Nuevas Reglas de la IBA Sobre Pruebas," Academia Mexicana de Derecho Internacional Privado y Comparado, AC, XXXIII Seminario de Derecho Internacional Privado y Comparado, Colima, Mexico, 2010
- Panelist, "International Discovery and U.S.C. § 1782," The Florida Bar's 8th Annual International Litigation and Arbitration Conference, Miami, Florida, 2010
- Moderator, "Effective Use of American Discovery Methods in Disputes Before Foreign Courts," ABA Section of International Law, 2009 Fall Meeting, Miami, Florida, 2009
- Speaker, Emerging Responsibilities of In-house Counsel, "Nuts and Bolts of International Arbitration," Trial.com Litigation Management Supercourse, Laguna Beach, California, 2009
- Moderator, The 3 D's of International Dispute Resolution - Dealing, Drafting, Dispute Resolution, "Drafting and Litigating International Dispute Resolution Clauses," The Georgia Bar Annual Section of International Law Conference, Atlanta, Georgia, 2009
- Panelist, "A Domestic Litigator's Guide to International Discovery," The Florida Bar's 7th Annual International Litigation and Arbitration Conference, Miami, Florida, 2009
- Panelist, "Advancing Together: How In-house Counsel and Outside Counsel Can Help Each Other and their Clients," Hispanic National Bar Association Mid-Year Conference, Miami, Florida, 2009
- Moderator, "Investor/State Arbitration: Contract vs. Treaty Claims," ICC 6th Annual International Commercial Arbitration in Latin America: The ICC Perspective, Miami, Florida, 2008
- Panelist, "Anti-Suit Injunction," The Florida Bar's 6th Annual International Litigation and Arbitration Conference, Miami, Florida, 2008
- Speaker and Panelist, "Nuevas corrientes en el arbitraje internacional bajo las normas de la CCI," Seminario de La Cámara de Comercio e Industria de El Salvador (Centro de Mediación y Arbitraje) y el Interamerican Bar Association (IABA) sobre: Arbitraje Nacional e Internacional: Solución de Conflictos, San Salvador, El Salvador, 2007
- Panelist, "Ofrecimiento y desahogo de pruebas en el arbitraje," Camara Nacional de Comercio de la Ciudad de Mexico (CANACO), Mexico City, Mexico, 2007
- Panelist, "Mesa de Análisis sobre Medios Alternos," Convención Anual de la Asociación Nacional de Abogados de Empresa, A.C., (ANADE),Monterey, Mexico, 2007
- Moderator, "Tertulias: Roundtable Discussion" Session, 5th Annual International Arbitration Conference (ICDR), Miami, Florida, 2007
- Speaker, "International Arbitration - An Overview," Universidad Panamericana, Mexico City, Mexico, 2006, 2007
- Panelist, "Risk Management and Dispute Resolution: The Latin American Experience;" Author, White Paper, titled "Calvo's Comeback -- Implications for International Arbitration in, Latin America," Construction Superconference, San Francisco, California, 2006
- Speaker, "§ 1782 as a Tool to Obtain Evidence for Use in Mexican Courts," Comisiones de Derecho Civil y de Derecho Internacional de la Barra Mexicana, Mexico City, Mexico, 2006
- Speaker, "International Arbitration - An American in Mexico City," Academia Mexicana de Derecho Internacional Privado, Mexico City, Mexico, 2006
- Moderator, "Challenges in Representing the Foreign Sovereign," The Florida Bar's International Litigation and Arbitration 4th Annual Update, Miami, Florida, 2006
- Panelist, "Descubrimiento de Pruebas en Arbitrajes Internacionales," CANACO (Mexico Chamber of Commerce), Mexico City, Mexico, 2005
- Panelist, "Discovery in International Arbitrations," The Florida Bar's International Litigation and Arbitration 2nd Annual International Arbitration Update, Miami, Florida, 2004
Highlighted Matters
- Represented a leading port and cargo provider in an ICC arbitration against a Mexican contractor involving the breach of a construction contract of a major port in southwestern Mexico
- Represented a Peruvian state entity in a Spanish-language arbitration under IACAC/CIAC rules involving the remediation of Peru's largest oil and gas field
- Represented the government of Canada in an action to confirm an UNCITRAL award rendered in an investor-state dispute in DC Federal Court
- Represented a contractor against the Republic of Panama involving the construction and rehabilitation of four asphalt plants in an ICSID claim
- Represented a multinational integrated project developer in two separate Spanish ICC arbitrations involving over USD 100 million in dispute against the Republic of Panama regarding the construction and financing of a series of healthcare public works projects in that country
- Represented and acted as lead counsel to a prominent Venezuelan businessman and several companies against Russia-based companies in a multijurisdictional dispute involving over USD 90 million in claims with cases filed in the London High Court, Geneva, Switzerland and Miami, Florida
- Represented an Australian company in a proceeding against the shareholders of an Ecuadorian company it acquired involving allegations of fraud and violations of public corruption laws in an AAA arbitration
- Served as arbitrator in an ICC arbitration involving allegations of breach of contract, defamation, and other business torts regarding the construction of an energy plant in Colombia
- Represented a foreign affiliate of a Fortune 100 company and defense contractor against an agency of a sovereign state that alleged USD 155 million in damages with respect to a contract for the repair of two submarines in a Spanish-language ICC arbitration in Madrid, Spain
- Represented a gas company in an ICDR arbitration against a Brazilian promoter claiming USD 20 million resulting from the termination of development and power purchase agreements in Miami, Florida
- Represented a purchaser of over USD 46 million in Nigerian oil bonds for breach of contract, negligence and failure to deliver warrants and bonds, in litigation filed in the federal district court in New York
- Served as sole arbitrator in a Spanish-language ICC arbitration involving a USD 27 million line of credit dispute in Miami, Florida
- Represented a software corporation regarding the sale of software in an arbitration administered by the ICDR
- Represented a global manufacturer in a federal court lawsuit against an agency of the Venezuelan government alleging over USD 70 million in damages for breach of contract in the Southern District of Florida
- Represented an American warehouse chain against a Central American bank with respect to a claim of over USD 100 million resulting from the termination of the banking relationship in federal court and in an arbitration governed by UNCITRAL Rules
- Represented a global electronics company in a USD 30 million dispute with Mexican distributor of cell phones. Representation included obtaining discovery in the United States pursuant to 28 USC sec. 1782 and coordinating litigation efforts with Mexican counsel
- Represented the principal shareholder of the Hipodromo de las Americas in Panama, against a provider of gambling equipment in an ICDR arbitration
Education
- Columbia University, School of Law, J.D., 1986
- Georgetown University, BSFS, 1983
Bar Admissions
- Florida, 1986
Languages
- Spanish