Vallebella, Joaquín

Joaquín graduated from the Pontificia Universidad Católica Argentina. Partner in charge of the Department of Mediation & Arbitration and Complex Litigation of the Firm. He also stands out in areas of Corporate Law, Energy, Agribusiness, Contracts and Mergers & Acquisitions. He joined the Firm as a lawyer in 2011 and as a partner in 2017.

He received his LL.B. from the Pontificia Universidad Católica Argentina in 1999 and has a Master´s Degree in Business Law from the Universidad Austral (2006). His thesis “El cambio de circunstancias en los contratos: perspectiva tradicional y tendencia moderna internacional en torno a este fenómeno” (The change of circumstances in contracts: traditional view and international modern trend regarding this phenomenon) got the highest grade. Furthermore, Joaquín pursued studies on International Business Transactions at the Southwestern University School of Law – California, United States of America (Universidad de Buenos Aires – Universidad del Salvador) Summer Law Studies in Argentina (May/June 2001).

Joaquín specializes in international arbitration and in structuring national and international deals. He represents the Firm in ICC Argentina Commission on Arbitration.

He is a delegate to the ICC’s Commission on Arbitration & ADR (2022-2023) and was an ICC YAF Representative for Latin America for the 2014/2017 period.

Joaquín participated in more than 50 arbitrations under different Arbitration Regulations (ICC, UNCITRAL, Buenos Aires Stock Exchange, among others) and ad-hoc arbitrations, based in Argentina and abroad. At present, he represents Compañía Argentina Administradora del Mercado Mayorista Eléctrico (CAMMESA) in several arbitrations and legal proceedings related to renewable energy construction, generation, and supply projects. Furthermore, he is involved in legal proceedings related to the annulment of arbitration awards, petitions for precautionary measures, and enforcement of performance bonds. From 2020 to 2022, he represented CAMMESA in several arbitrations related to the RenovAr program, which involved breaches of contract, force majeure and hardship claims, and the application of penalty clauses. Most arbitrations were administered by the Permanent Court of Arbitration in the Hague.

He currently represents a mining company in an arbitration initiated in Argentina. Additionally, he represents a construction company in claims related to public works.

He has also participated in arbitrations related to disputes over the provision of turnkey plants, one of them related to the construction of a food facility in Argentina. He has also provided advice to international clients related to the negotiation and drafting of contracts and the resolution of disputes involving turnkey milk powder plants and the construction of dairy farms abroad.

He has represented companies in the Oil & Gas industry in disputes related to the construction of hydrocarbon exploration wells in international arbitrations, among others, and has also provided counsel in international arbitrations related to other infrastructure projects involving private parties and states.

He is Professor of the Arbitration Course in the Master of Economics and Law at the School of Law of the University of Buenos Aires and Visiting Professor in the Arbitration Diploma Program of the Austral University.

Joaquín was a member of the “Drafting and Monitoring Commission of the International Commercial Arbitration Draft Bill” appointed by Ministerial Resolution 1040 issued by the Argentine Ministry of Justice and Human Rights on December 26, 2017. The draft bill was enacted as International Commercial Arbitration Law 27,449 on July 4, 2018.

He is regularly invited to participate as arbitrator in several arbitration competitions. He participated as arbitrator in the International Arbitration Competition at the School of Law of the Universidad de Buenos Aires and the School of Law of the Universidad del Rosario de Bogotá and in the FDI Moot Competition. Likewise, he was a jury member of the 1st Latin America Regional Pre-Moot Oral Rounds for the FDI Moot Competition in Buenos Aires, Argentina (2014). He has extensively lectured, both in Argentina and abroad, on issues related to international commercial arbitration.

He is the editor of the ICC Argentina Arbitration Newsletter, which was first published in November 2022.

Member of the ICC Institute of World Business Law. Delegate to ICC Argentina Commission on Arbitration & ADR. Member of the Latin American Group of the ICC. Member of the Latin American and Iberian Chapter of the ICC Institute of World Business Law. Member of the Public Member of the Buenos Aires Bar Association. Member of ICC Argentina Commission on Arbitration. Member of ICC Argentina Commercial Law and Practical Commission. He is included in the list of arbitrators of the CEMA (Business Mediation and Arbitration Center).

Joaquín has authored and co-authored the following publications:

– “Facultad de los árbitros para modificar medidas cautelares dictadas por tribunales estatales”, Arbitration Supplement in elDial.com –Albrematica S.A. Publishers, December 2022.

– “El inciso d) del artículo 1651 del CCC: los casos “Soluciones Integrales” y “Abre S.R.L.””, published in the ICC Argentina’s first Arbitration Newsletter, November 2022.

– “Interference in the Conduct of International Arbitration by the Political Constitutions of Ibero-American Countries”, Study by the Latin American and Iberian Chapter of the ICC Institute of World Business Law, Argentina’s contribution together with María Inés Sola, Leandro Caputo, Federico Campolieti María Vicien Milburn, 2022, published by the ICC Institute of World Business Law.

– La impugnación del laudo bajo la Ley de Arbitraje Comercial Internacional. ¿Una acción o recurso que suspende la ejecución del laudo? Comment to “EN – Procuración del Tesoro de la Nación c/ . s/Recurso Directo de Organismo Externo”, Argentine Arbitration Magazine – Number 5- June 2020, date 06/17/20, Lejister.com, Citation IJ-CMXVII-618.

– The ICC Guide to National Rules of Procedure for Recognition and Enforcement of Awards under the New York Convention, Third Edition, Country Rapporteur: Argentina, 2019.

– Author of the chapter of “Contrato de Arbitraje” under the Civil and Commercial Code of the Nation in Contratos en Particular directed by Mariano Gagliardo; 1st ed., CABA, Zavalía, 2017.

– Rapporteur of the 5th ICC YAF Global Conference, London, June 2015.

– The Argentina Chapter for Interim Measures in International Arbitration © JurisNet, LLC 2014 published at www.arbitrationlaw.com, co-authored with Alfredo L. Rovira.

– El cambio de circunstancias en los contratos: perspectiva tradicional y tendencia moderna internacional en torno a este fenómeno. First part. Published in Revista de Derecho Comercial y de las Obligaciones (RDCO), Abeledo Perrot Publishers, January/February 2012, 252-71.

– El cambio de circunstancias en los contratos: perspectiva tradicional y tendencia moderna internacional en torno a este fenómeno (Second part). Published in Revista de Derecho Comercial y de las Obligaciones (RDCO), Abeledo Perrot Publishers, March/April 2012, 253-495.

– La excesiva onerosidad en la Convención de Viena a propósito de la novedosa jurisprudencia sentada en el caso “Scafom International”. ED Publishers, 243-813. This work was also published in the Revista Argentina de Derecho Empresario (Electrónica) IJ-VL-462, August 3, 2011 and in PACE Database on the CISG and International Commercial Law (Scholarly Materials) (selected scholarly writings on the CISG). Available at http://cisgw3.law.pace.edu/cisg/biblio/vallebella.pdf