Carlos de los Santos is the partner in charge 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 220 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.
His practice focuses mainly on international arbitration, including civil and corporate/commercial litigation in multi-jurisdictional matters and domestic arbitration. He has acted as a lawyer and an arbitrator in high-profile arbitration proceedings relating to infrastructure, construction, energy, all manner of contractual and corporate matters, advising and representing companies in the construction and infrastructure, banking and finance industries, insurance, the audiovisual industry, telecommunications, the automobile industry, and the energy sector acting on behalf of both Spanish and foreign companies.
He has taken part in 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, Colombia, Costa Rica, Qatar, the US, England, etc., as well as in domestic arbitration proceedings before the leading Spanish courts of arbitration, the Civil and Commercial Court of Arbitration (CIMA), the Madrid Court of Arbitration, the Spanish Court of Arbitration, and the Barcelona Arbitration Tribunal.
Elsewhere, he has advised on issues concerning bilateral investment treaties in relation to businesses investing in countries such as Turkey, Venezuela, Uruguay, Cuba, Ecuador, Kuwait, etc.
Carlos de los Santos has been singled out for inclusion in the leading directories, such as:
• Chambers Europe: Leading lawyer in dispute resolution
• Legal 500: Leading Lawyer in dispute resolution
• Best Lawyers: Recognized in dispute resolution
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”.
He is a member of the Madrid Bar Association, the Arbitration Committee of the International Bar Association, and is Secretary General of the International Law Association (Spanish branch).
He is currently the President of the Spanish Arbitration Club (CEA).
Licenciado en Derecho, Universidad Pontificia Comillas (ICADE E-1).
He has participated in numerous publications, conferences and workshops related to international arbitration practice, including most notably:
• 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 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.
• The International Arbitration Review. Spanish Chapter. 2014.
• Courts of Appeal. Salvation or degradation of arbitration? 1st Conference on International Economic Law. Universidad Complutense de Madrid. 2014.
• Grounds for setting aside and opposition to exequatur. Twenty-five Years of Arbitration in Spain. Book commemorating the Civil and Commercial Court of Arbitration (CIMA). 2015.
• Alternative Disputes Resolution in Energy and Infrastructure. Madrid 2015.
• Ethical issues in international arbitration. 10th International Conference of the Spanish Arbitration Club (CEA). Madrid 2015.
• Principle of due process. 9th Latin American Arbitration Conference. Lima 2015.
• Measures that have been taken in the arbitral community to address expert evidence, such as Sachs protocol and hot tubbing. 10th Latin American Arbitration Conference. Lima 2016.
• Commercial and investment arbitration: a suitable mechanism for companies. 2nd ICC Spanish Arbitration Forum. CIAMEN 2016.
• Damages in international arbitration. Clash of cultures: civil law vs. common law? 5th International Arbitration Conference. Bogotá 2017.
• Hardship. The defense of last resort? 11th International Conference of the Spanish Arbitration Club (CEA). Madrid 2017.
• Settlements in arbitration: issues to consider and to avoid. 15th ICC Miami Conference 2017.
• New trends in ICC arbitration: new policies and new rules. Madrid 2017.
• ICC arbitration workshop. Terms of Reference and First Procedural Order. Costa Rica 2017.
• The future of investment arbitration. Reform of the system? Quito 2018.
• Public contracts and corruption. 12th Latin American Arbitration Conference. Lima 2018.
• 60 years of the New York Convention. Seville 2018.
• Redfern Schedules. Prague Rules vs. IBA Rules. Costa Rica 2019.
• Planning an efficient arbitration proceeding. Arbitration and proper administration of justice. Book commemorating the 30th anniversary of the Civil and Commercial Court of Arbitration (CIMA). Madrid 2019.
• Code of Good Practice of the Spanish Arbitration Club. 14th International Conference of the Spanish Arbitration Club (CEA). Madrid 2019.
• Does arbitration need to be reformed in Spain? Madrid 2019.
• Art and Science of Persuasion in International Arbitration. ICC Persuasion Workshop. Costa Rica 2020.