Fabian A. Zetina

He | Him | His

Associate

Washington, D.C.
T +1.202.861.1582
F +1.202.861.1783

Overview

Fabian Zetina handles international arbitration and international litigation matters in English and Spanish in several jurisdictions across the globe, with a focus in Latin America. He represents sovereigns, their instrumentalities and corporations in commercial and investment treaty arbitrations in a variety of industries that include mining, construction and oil and gas. His training and background in common law and civil law jurisdictions allow him to bring a multicultural approach to his practice.

Fabian has represented clients before a variety of arbitral tribunals and under different arbitration rules, including the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the International Center for Dispute Resolution (ICDR), the London Court of Arbitration (LCIA) and in ad hoc arbitrations under the United Nations Commission on International Trade Law (UNCITRAL).

Fabian has served as an assistant to arbitrators in commercial disputes. His broader experience includes cross-border insolvency proceedings, asset recovery strategies and transactions in M&As. He also previously advised corporations, associations and governmental agencies in constitutional matters and argued cases before the highest courts in Guatemala.

Fabian has participated actively in academia as a guest lecturer in investment arbitration and human rights subjects, assistant professor of civil contracts, foreign investment in Guatemala and transnational corporate law at his former law school, Universidad Francisco Marroquin; and he coached teams in different national and international moot court competitions. He regularly publishes and speaks on international arbitration matters.

* Not admitted in the District of Columbia, admitted in New York. Practicing pursuant to D.C. Rule 49(c)(8) under the direct supervision of Mark Cymrot during pendency of application for admission to the District of Columbia.

Select Experience

International Arbitration

  • Representing the Republic of Nicaragua in an ICSID treaty dispute under the Dominican Republic-Central American Free Trade Agreement (DR-CAFTA) arising out of an investment in the agricultural sector.
  • Representing the Republic of Nicaragua in a Spanish-language commercial arbitration under the UNCITRAL rules currently pending at the PCA for a breach of contract in the construction sector.

Litigation

  • Representing a Mexican company in a cross-border dispute pending in the U.S. and Mexico.
More »

Experience

International Arbitration

  • Representing the Republic of Nicaragua in an ICSID treaty dispute under the Dominican Republic-Central American Free Trade Agreement (DR-CAFTA) arising out of an investment in the agricultural sector.
  • Representing the Republic of Nicaragua in a Spanish-language commercial arbitration under the UNCITRAL rules currently pending at the PCA for a breach of contract in the construction sector.
  • Representing an oil and gas company in an LCIA arbitration for a breach of contract.
  • Represented Guatemala in an ICSID arbitration under the DR-CAFTA in the mining industry involving indigenous rights.
  • Represented Guatemala in an ICSID investment dispute under the Colombia-Guatemala Bilateral Investment Treaty (BIT) in the electricity and construction industry.
  • Represented Pakistan in an ICSID annulment proceeding in an $8.5 billion mining dispute.
  • Represented Pakistan in an ICSID annulment and revision proceeding that resulted in a settlement agreement with Pakistan saving $1.2 billion.
  • Represented a Latin America sovereign against an Italian investor in an UNCITRAL investment dispute arising out of a construction contract.
  • Represented a Colombian/Mexican conglomerate in a Spanish language ICC international arbitration seated in Colombia arising out of an EPC agreement.
  • Represented an affiliate of the Venezuelan State-owned hydrocarbons company in an oil and gas UNCITRAL dispute regarding a claim for damages related to the repair, maintenance and operation of an offshore gas drilling rig.
  • Represented Venezuela against Spanish investors in an UNCITRAL investment dispute in the food industry.
  • Represented Venezuela against a Spanish investor in an ICSID investment dispute in the agricultural sector.
  • Represented Venezuela in multiple annulment proceedings under the ICSID rules.
  • Represented a Guatemalan owner against a Spanish contractor in an ICC commercial arbitration related to the construction of a hydroelectric facility in Guatemala.
  • Represented a Guatemalan regulator against an energy distributor in a Spanish-language ICC commercial arbitration related to the losses in the transmission of energy.
  • Advised a U.S. investor in a potential investment dispute against a Latin America sovereign involving an expropriation in the hospitality industry.
  • Acted as assistant to a Sole Arbitrator in an International Centre for Dispute Resolution (ICDR) arbitration seated in California relating to shareholder rights of a Chinese transportation company.
  • Advised a Latin America sovereign in drafting and negotiating a model BIT.

Litigation

  • Representing a Mexican company in cross-border disputes pending in the U.S. and Mexico.
  • Represented a group of shareholders in a preliminary injunction against a Delaware corporation and its board members.
  • Represented Guatemala in enforcement proceedings before the U.S. District Court, Southern District of New York to recover costs awarded in an investment dispute.

Recognitions and Memberships

Memberships

  • ICDR Young and International (Y&I)
    • Board Member (2023 to 2026)
  • Kluwer Arbitration Blog, Assistant Editor for South and Central America
  • American Bar Association, International Law Section
  • American Bar Association, Young Lawyers Division
    • International Law Committee: Vice Chair (2021 to 2022)
  • Guatemalan Very Young Arbitration Practitioners (GTVYAP)
    • Founding Member
    • Member of the Board
  • Young ICCA
  • ICC Young Arbitration Forum
  • Young ITA
  • Colegio de Abogados de Guatemala

Pro Bono

  • Represented a Central American child in asylum proceedings.
  • Volunteer at Catholic Charities Legal Network pro bono initiatives.

Admissions

  • U.S. District Court, Southern District of New York
  • New York
  • Guatemala
  • *Not admitted in the District of Columbia, admitted in New York. Practicing pursuant to D.C. Rule 49(c)(8) under the direct supervision of Mark Cymrot during pendency of application for admission to the District of Columbia.

Education

  • LL.M., Columbia Law School, 2018; American Review of International Arbitration L.L.M. Editor; Parker School Recognition of Achievement; Lloyd N. Cutler International Law Fellow
  • J.D. (equivalent), Universidad Francisco Marroquin Law School, 2013, cum laude; Revista de la Facultad de Derecho (Law Review), Articles Editor

Languages

  • French
  • Spanish