Silvia Marchili
Biography
Overview
Silvia M. Marchili focuses on complex international arbitration cases involving investment and commercial claims. She handles international arbitration and litigation matters involving Latin America and Africa, and a variety of sectors, including infrastructure, oil and gas, power, mining, and air transportation. Silvia is bilingual and trained in both civil and common law.
With over 20 years of experience, Silvia represents parties in investment arbitrations before international tribunals under the World Bank's International Centre for the Settlement of Investment Disputes Convention, as well as under other arbitration rules. In recent cases, she has obtained some of the largest ICSID Bilateral Investment Treaty awards ever received by foreign investors. An expert in investment arbitration, Silvia co-authored the treatise Annulment Under the ICSID Convention (Oxford University Press, 2012).
Silvia has first- or second-chaired dozens of investment arbitration matters against Latin American states and state entities. In commercial arbitrations, Silvia has represented parties in cases under the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), United Nations Commission on International Trade Law (UNCITRAL), Inter-American Commercial Arbitration Commission (IACAC), and International Centre for Dispute Resolution (ICDR), among other arbitration rules.
Originally from Buenos Aires, Argentina, Silvia is fluent in Spanish and English, and has basic knowledge of Italian, French, and German. She is a frequent author and speaker on arbitration and dispute resolution. She has also seated as sole arbitrator in ICC cases involving Latin America.
Chambers Global ranked Silvia as an expert in dispute resolution and Latin Lawyer selected her as a leading practitioner in Latin America. Who's Who Legal-International Arbitration ranked Silvia as a top-ten young leader in the Americas, quoting a source who stated that Silvia "is very smart and has a great ability to discern the relevant factual and legal issues to be able to attack all of them in a very methodical and effective way." Another impressed source told Chambers Global: "her language skills, knowledge of civil law and ability to think outside the box creatively make her the right candidate for the job." Chambers Latin America selected Silvia as an expert in international arbitration and quoted a source, which stated that Silvia "really knows what she's doing in terms of strategy and all aspects of the law." Most recently, the General Counsel of a leading energy company told Thomson Reuters: "She has a lot of experience developing trial strategies, which is what helped us win the case."
She is active in several international law and international arbitration organizations, serving as the Chair Elect of the Miami International Arbitration Society (MIAS), a Member of the FDI Moot Advisory Board, and a Member of the Executive Board of the Institute for Transnational Arbitration (ITA). In addition, Silvia is the chair of the Florida USCIB/ICC subcommittee and a member of the ICC Commission on Arbitration.
Experience
Leading the team representing a major energy and construction company in its US$420 million claim under the US-Ecuador Bilateral Investment Treaty and various ongoing, related proceedings in Ecuador and the U.S.
Leading the team representing a Spanish holding company in its US$800 million international arbitration case against a Latin American State involving price control measures and arbitrary changes to dispatch rules in the power generation sector.
Leading the team representing a power distribution company in a dispute against a Latin American State involving tariff regulations.
Leading the team representing a Japanese investor in the Spanish power generation sector in its claim against the Kingdom of Spain.
Obtained favorable award against Ecuador in a claim involving a US investor in the hydrocarbons sector.*
Represented European investor in a dispute against a Latin American State involving a large transportation infrastructure project.
Obtained favorable settlement agreement for an Italian investor against a Latin American State in a claim involving the latter's failure to adjust toll rates, and related regulatory measures that injured the claimant's investment.
Obtained a favorable ICSID award for an Italian investor against a Latin American State involving a water concession project.
Obtained a US$350 million award against a Latin American State in connection with the expropriation of a major airline in the region.
Represented over a dozen investors in their claims against Latin American States involving concession contracts, Government intervention, and the termination or abandonment of the concession.
Advising a leading Chilean LNG company in connection with various potential claims involving its project in Chile.
Advising various international investors with projects in Mexico to preserve their international arbitration rights in the context of the change of law affecting the energy sector.
Representing a mining company in its investment arbitration claim against a Latin American State involving environmental restrictions.
Represented a Latin American oil & gas company in a price reopener case against a state-owned oil & gas company.
Represented multiple European and U.S. investors in the power generation, transportation, and distribution sectors in their treaty cases against the Republic of Argentina.*
Represented a Latin American oil & gas company in a commercial arbitration against a state-owned oil company involving royalty claims.*
Represented an owner in a construction dispute in Panama involving change orders and price adjustment claims; our client reached a very favorable settlement agreement.*
Represented an international airline in an investment arbitration claim against Venezuela involving a dispute over repatriation of proceeds from domestic ticket sales.*
Represented a U.S. energy company and its UK partner in an ICSID Additional Facility conciliation proceeding against Equatorial Guinea and involving a Production Sharing Contract.*
Represented a Spanish company in its ICSID case against Venezuela for the expropriation of its assets in the country.*
Represented a Spanish telecommunications company in its ICSID case against a Latin American State for a series of regulatory measures.*
*Matters handled at a previous firm
"Investment Arbitration Against Latin American States – current trends," South Texas School of Law, October 2023
"Arbitration and infrastructure projects – particularities of arbitrations in this sector," ICC Colombia Arbitration Day, Bogota, September 2023
"Investment Arbitration in Latin America," Mexico Arbitration Week, June 2023
"Reforms of the Investment Arbitration System," Mexico Investment Arbitration Days, May 2023
"Arbitrations Involving States and State Entities," ICC Argentine Arbitration Day, Buenos Aires, March 2023
"Much Ado About Nothing—the Unnecessary Reform of the Investment Arbitration System," AAA-ICDR Conference, Miami, FL, February 2023
"A Multilateral Investment Court for Investment Arbitration," Debate (against), MIAS Investor-State Arbitration Conference, October 2022
"Disruption and Energy Disputes," CILS Symposium (moderator), Salzburg, Austria, June 2022
"International Arbitration in Latin America: The State of Play," Columbia University, March 2022
"Successfully Navigating Arbitrations," American Inns of Court's Bench & Bar Conference, Miami, January 2022
"Technology Disputes," MIAS and SVAMC, Miami, December 2021
First Annual LATAM International Arbitration Tour, Miami International Arbitration Society (MIAS) and Friends (moderator), November 2021
International Arbitration and Contract Management, Contract Management Master Program, Universidad Católica Argentina, September 2021
Success Strategies and Lessons Learned in International Arbitration, ICC YAF Global Conference, September 2021
Procedural Issues in International Arbitration, Master Class in Universidad de Montevideo International Arbitration Program, September 2021
International Arbitration against Sovereign States, XV International Arbitration Conference, Universidad Católica del Peru, September 2021
Master Class on Cross Examination, ROAP Training Program, Delos Arbitration, August 2021
"Recent developments in International Arbitration," AMCHAM Ecuador Conference, May 2021
"The Future of International Arbitration in the Southern Cone," Permanent Court of Arbitration Conference, March 2021
"The Anticipated Energy Reform in Mexico," Webinar, February 2021
Lecture on ICSID Annulment, St. Mary's University, London, February 2021
"International arbitration advocacy," Peruvian Arbitration Institute, January 2021
"Advocacy in Virtual Hearings," Ecuadorian Arbitrators Association, October 2020
"Investment Arbitration and Construction Disputes," CIDS Geneva Center for international Dispute Settlement, Latin American International Arbitration Course (LAIAC), 2020
"Stay of Enforcement of ICSID Awards – Quo Vadis?," Burford Webcast, July 2020
"Reshaping Equilibrium Across the Oil & Gas Value Chain – New Terms vs. New Disputes," White & Case Webinar, July 2020
Institute for Transnational Arbitration (ITA) Forum, Moderator, June 2020
"Evidence in International Arbitration," Harvard Law School, October 2019
"Provisional Measures in International Arbitration: Strategic Considerations," Young ICCA Seminar, Miami, October 2019
"Change of Circumstances in Energy Disputes," ITA Workshop, Dallas, June 2019
"Future Trends in Energy Disputes," Latin Lawyer-Global Arbitration Review Latin American Arbitration Summit, Miami, April 2019
"Investing in the Mexican Oil & Gas Sector," International Law Section, Texas Bar, Houston, March 2019
"Enforcing Arbitral Awards in Latin America," FIU & JurisConference, Miami, March 2019
"Recent Proposals to Incorporate New Stakeholders: Intended and Unintended Consequences," ICCA Congress, Sydney, April 2018
CILS Biannual Symposium on International Arbitration, Salzburg, Austria (co-chair), 2018, 2016, 2014
"The Use and Abuse of Technology in International Arbitration," 15th ICC Miami Conference on international Arbitration, Miami, November 2017
"Quantification and Reparation of Damages in International Arbitration," ICC Mexican Arbitration Day, Mexico City, September 2017
"Legitimacy of the Result: Increasing the Perceived Legitimacy of Outcomes in ISDS," ITA Workshop, Dallas, June 2017
"Annulment of Awards Involving the Energy Sector," Third Annual Houston Conference on Oil and Gas Investment Arbitration, Houston, September 2016
"ICSID Annulment – Recent Developments," ICSID-Queen Mary Inaugural Joint Arbitration Symposium, London, UK, September 2016
"Third Party Funding in International Arbitration," ICC YAF Conference, New York, June 2016
"The Time Has Come: Investing in the Argentine Infrastructure and Energy Sectors" (co-chair), seminar co-hosted with Marval O'Farrell & Mairal, Buenos Aires, Argentina, June 2016
"Fair and equitable treatment – an evolutionary international standard or artificial legal fiction?," Juris Conference, Washington D.C., May 2016
ANNULMENT UNDER THE ICSID CONVENTION, Oxford University Press (co-authored with R. Doak Bishop)
ICC Bulletin (2019), Book Review: International Arbitration in the Energy Sector
"Protecting Energy Investments in Latin America," in HANDBOOK OF ENERGY LAW (Rutledge Publisher, 2020)
"Time is Money: Techniques for Less Costly and More Expedited Arbitral Proceedings," in 40 UNDER 40 IN INTERNATIONAL ARBITRATION, Carlos Gonzalez Bueno (ed.) (2018)
"Annulment of ICSID Awards: Recent Trends," (co-authored with Sara McBrearty), in ICSID CONVENTION AFTER 50 YEARS (2017)
Thought Leader, USA – Arbitration, Who's Who Legal 2018-2023
Global Leader (Recommended), Arbitration, Who's Who Legal 2023
International Arbitration, The Legal 500 Latin America 2023
Recognized, International Arbitration, City Focus: Houston, The Legal 500 Latin America 2023
International Arbitration, Chambers Latin America 2019-2023
Arbitration (International), Chambers Global 2018-2022
