Carlos de los Santos
Carlos de los Santos is the Head of the Litigation and Arbitration Department at Garrigues, where he has pursued his entire professional career. He has been a partner since 2003 and has headed Garrigues’ Litigation and Arbitration Department since 2009, with more than 270 lawyers across all of the Firm’s offices in Spain and abroad, taking in everything from the civil and corporate/commercial litigation practices to domestic and international arbitration and criminal law.
He practices law in the fields of civil and corporate/commercial law and domestic and international arbitration. As a lawyer, he has acted in high-profile court and arbitration proceedings on all manner of contractual and corporate matters, advising and representing companies in the banking and finance industries, insurance, the audiovisual industry, telecommunications, the automobile industry, energy and construction, acting on behalf of both Spanish and foreign companies.
He has taken part in domestic arbitration proceedings before the leading Spanish courts of arbitration, the Civil and Commercial Court of Arbitration, the Madrid Court of Arbitration and the Barcelona Arbitration Tribunal, as well as international arbitrations under the rules of the London Court of International Arbitration (LCIA), the International Court of Arbitration (ICC), the American Arbitration Association (AAA), the Zurich Chamber of Commerce (Switzerland) and the Danish Arbitration Institute (Denmark), at a range of venues, including Madrid, New York, Paris, Zurich, Copenhagen, London and Buenos Aires and under different legislations, such as those of Spain, France, Argentina, Peru, Uruguay, Mexico, the Dominican Republic, the US, England, etc.
Elsewhere, he has advised on issues concerning bilateral investment treaties in relation to businesses investing in countries such as Turkey, Venezuela, Uruguay, Cuba and Ecuador. Carlos de los Santos has been singled out for inclusion in the leading directories, such as Chambers&Partners (Europe and Global), Legal 500 and Which Lawyer? as a noteworthy lawyer in the litigation and arbitration practice, ranking Garrigues among Spain’s leading firms in this area. In the words of one of the directories, Carlos de los Santos has been praised by clients for: “apart from his technical knowledge, he has a lot of experience and is practical” noting that “he will see beyond the purely legal considerations and is realistic” and highlighting that “he avoids unnecessary reviews and explaining solutions which aren´t viable”.
Carlos de los Santos is a regular speaker at seminars on procedural law and arbitration, including his work as a lecturer at Instituto de Empresa (IE Law School) on the Arbitration Practice Course and on a course in energy law on the subject of “court and out-of-court dispute resolution” on the Master’s Degree in Energy Law at Club Español de la Energía.
He is a member of the Madrid Bar Association, the Arbitration Committee of the International Bar Association and Vice President of the Spanish Arbitration Club. He is a regular speaker at Spanish and international conferences on international arbitration-related matters. Noteworthy examples of recent conferences include: “The Lisbon Treaty and Bilateral Investment Treaties, Novelty or Uncertainty?” at the 4th International Arbitration Congress (Lima-Peru); “Differences in the enforcement of international commercial and investment awards” at the 3rd International Arbitration Congress (Costa Rica); “The precedent in Arbitration: Consistency or myth” Kiev Arbitration Days (Kiev).
Degree in Law from Universidad Pontifica de Comillas (ICADE E-1).
He has contributed to various collective works, notable examples including: “The International Arbitration Review” (Ed. 2012) published by Law Business Research; Arbitration Law Treaty, Volume I, The Arbitration Agreement, Law Studies Collection, published by the Peruvian Arbitration Institute: Cuadernos de la Energía “International arbitration as an instrument to safeguard Spanish investment in Latin America”; and Comments on Arbitration Law 60/2003, published by Expansión.
He has penned numerous articles and publications on international arbitration and litigation matters, including:
- Emergency proceedings under the new ICC Rules, Spanish Arbitration Review, vol. 13/2012.
- Confidentiality under the new French Arbitration Law –a step forward-, Spanish Arbitration Review.
- The attitude of the Spanish Courts to setting aside Arbitral awards, Global Arbitration Review (GAR).
- New rules of the four main Spanish arbitrations institutions, International Bar Association.
- The enforcement and recognition of awards rendered in commercial and investment arbitration proceedings, Revista de arbitraje comercial y de inversiones.
- Reflections on the Mediation Law, Diario Jurídico.
- Spanish Royal Decree Law on mediation in civil and commercial matters, International Bar Association.