Ricardo A. Ampudia
Partner
Ricardo is a Board-Certified Specialist in international litigation and arbitration. He represents clients in investor-state, commercial and state-state arbitrations, as well as litigation in federal and state courts.
His expertise includes disputes under international contracts and international investment agreements, including free trade agreements, bilateral investment treaties (BITs), and multilateral investment agreements such as the Energy Charter Treaty and the Central America Free Trade Agreement (CAFTA), the North America Free Trade Agreement (NAFTA), and the United States-Mexico-Canada Agreement (USMCA). His area of expertise also includes the Foreign Sovereign Immunities Act, the Hague Service Convention, the Hague Evidence Convention, and enforcement of foreign money judgments in Florida.
Ricardo has experience with the world’s major arbitration regimes, including ICSID, UNCITRAL, ICC, SCC, DIAC, AAA, ICDR, and LCIA, among others. He has represented investors and foreign governments in international disputes at the facilities of the Permanent Court of Arbitration and International Court of Justice in the Peace Palace in The Hague and the International Centre for the Settlement of Investment Disputes in Washington, D.C.
He has experience handling disputes in the following sectors: oil and gas, renewables, construction, hospitality, health care, internet and technology, and industrial equipment. He has handled disputes involving international public procurement and public contracts with foreign government agencies.
As an ancillary to his disputes practice, he represents clients in international criminal law proceedings and international sanctions compliance. He has handled matters relating to Interpol Red Notice Alerts, the Foreign Corrupt Practices Act (FCPA), the Office of Foreign Assets Control (OFAC), and plea negotiations with the U.S. Department of Justice.
On the transactional side, Ricardo regularly counsels businesses in international business contracts, including issues such as international deliveries, international payments, letters of credit, surety agreements, and international sales.
Ricardo’s pro bono practice includes international human rights, asylum, and international family law matters under the Hague Convention on the Civil Aspects of International Child Abduction.
Ricardo has lectured on international commercial arbitration at Georgetown Law in Washington, D.C., and the Universidad del Pacifico in Lima, Peru. He regularly publishes on issues of international law and business, such as the New York Convention, the ICSID Convention, and the Federal Arbitration Act.
He is a Fellow at the Chartered Institute of Arbitrators in the United Kingdom and is listed as an international arbitrator in arbitration centers around the world.
Experience
Litigation and Arbitration
- Represented a Japanese medical device manufacturer in an investment treaty dispute against a Central American state.
- Omega Engineering LLC v. Republic of Panama, No. ARB/16/42 (ICSID). Represent claimants in a multimillion-dollar investment arbitration under ICSID rules.
- Represented European and South American hospitality investors as lead counsel in a multimillion-dollar UNCITRAL investment treaty dispute against a North American state.
- Pluspetrol Perú Corp. v. Perupetro S.A., No. ARB/12/28 (ICSID). Represented a consortium of energy companies from Africa, Asia, Europe, North America and South America in ICSID proceedings in Washington, D.C., against a South American state-owned enterprise in a natural gas dispute (proceedings and pleadings entirely in Spanish).
- EDF International S.A. v. Republic of Hungary. Represented Hungary in UNCITRAL proceedings under the Energy Charter Treaty in the Permanent Court of Arbitration in The Hague in an investment dispute against a European multinational company over energy and heat co-generation.
- MOL Hungarian Oil and Gas Co. PLC v. Republic of Croatia, No. ARB/13/32 (ICSID) and No. 2014-15 (UNCITRAL). Represented an investor in parallel proceedings in Washington, D.C., and Paris against a European state in a dispute over energy investments and allegations of corruption.
- Represented claimant in a Hague Child Abduction Proceeding before U.S. federal court in the Southern District of Florida. Represented claimant in proceedings for the execution of an international arbitration award (ICC) in U.S. Courts.
- Advised a U.S. health care provider in proceedings before state and federal courts, as well as a panel constituted under the arbitration rules of the American Health Lawyers Association.
- Advised a South American hydrocarbon transport company in a cross-border contractual dispute with a North American distributor under the Rules of Arbitration of the Houston Maritime Arbitrators Association.
- DCA Trust v. ICANN (.AFRICA). Represented an African internet trust against ICANN in an ICDR dispute in Washington, D.C., over the registration of domain name extensions.
- Dot Registry, LLC v. ICANN (.INC/.LLC/.LLP). Represented a U.S. internet company against ICANN in an ICDR dispute in Washington, D.C., over registration of domain name extensions.
International Business Transactions, International Trade, and Compliance
- Advised a distributor in a multimillion-dollar deal for the provision of industrial screening equipment and services for a major port in South America.
- Advised a Bermudan telecommunications infrastructure company in the development of a payment mechanism that is in compliance with Office of Foreign Asset Control (OFAC) sanctions lists and general licenses issued by the U.S. Treasury.
- Advised U.S. manufacturers on import restrictions, tariffs and import appraisal methods including Section 301 and 19 U.S.C. §1401 “First Sale Rule.”
- Advised a Chinese electric car manufacturer in OFAC compliance matters before the U.S. Treasury Department.
- Advised a U.S investor in reporting requirements before the U.S. Department of Commerce
- Advised a retail entrepreneur on cross-border formation, trademark and banking operations issues and drafted operational agreement in Spanish with other company members from the U.S. and Latin America.
International White Collar Crime and International Human Rights
- Represented a North American investor as lead counsel in proceedings before INTERPOL, resulting in the deletion of two Red Notices.
- Represented a U.S. investor in tax fraud investigations and plea negotiations with the U.S. Department of Justice.
- Represented a North American investor as lead counsel in proceedings before the Inter-American Commission on Human Rights.
Publications
- Getting International Arbitration Ready For AI, Law360, March 28, 2023.
- The American Arbitration Association Makes Major Changes to the AAA Commercial Arbitration Rules, Nov. 2022.
- The 2022 ICSID Amendments: Key Strategic Considerations for Parties, September 2022.
- Document Production Requests in Investment Treaty Arbitration: Considerations for Parties and Practitioners, 40 Under 40 International Arbitration 2021.
- Virtual Hearings in International Arbitration: A Checklist, COVID-19 Primer, Shook, Hardy & Bacon, April 13, 2020.
- Transfer Controls in Investment Agreements, Transnational Dispute Management (2016).
- Investment Treaty Protection of Commercial Arbitration Awards: Lessons from the Jurisprudence, 26 Am. Rev. Int’l Arb. 4, 553 (2015).
- Contributor, The Energy Charter Treaty (with Arif Ali and Alexandre de Gramont) (2015).
- Contributor, Spain’s Nexus to Investment Disputes, Spain Arbitration Review (with Arif Ali) (2013).
- Contributor, Equity-Based Decision-Making & FET, The Journal of World Investment and Trade (with Srilal Pereira) (2012).
- Contributor, The relationship between the U.N. and the International Criminal Court, War Crimes
- Research Office (2009).
Speaking Engagements and Media Appearances
- Panelist, International Construction Arbitration— Keeping the Project Moving Forward—Conflict Management Options, ICDR & iLaw, February 17, 2023.
- Panelist, New Trends in International Dispute Resolution, International Bar Association, October 29, 2022.
- Presenter, Protecting Investments in an Age of Pandemic, Russia-Ukraine War & Political Shifts in Latin America, ACC South Florida 12th Annual CLE Conference, September 16, 2022.
- Annual lecturer, International Commercial and Investment Treaty Arbitration, Universidad del Pacifico, Lima, Peru
- Panelist, Trade and Foreign Investment in the United States: Key Points for Cross Border Businesses During COVID-19, Swiss Chinese Law Association (SCLA) Global Leaders Forum, July 31, 2020.
- Panelist, Chinese Foreign Investment in Latin America, Free Trade and Protectionism Recent Developments on International Trade and Investments, AIJA (International Association of Young Lawyers/Association International des Jeunes Avocats) Half-Year October Conference, Miami, November 2, 2019.
- Special Report: International Dispute Resolution, Financier Worldwide, December 2019.
- Panelist, Chinese Foreign Investment in Latin America, Recent Developments on International Trade and Investments, AIJA, November 2, 2019.
- Presenter, Protection of Businesses Overseas from Foreign Government Conduct, online webinar, December 2019.
- Panelist, International Arbitration Practice: The Associate Perspective, Georgetown Law, Washington, DC, February 2014.
Memberships
- International Bar Association
- Center for American and International Law’s Institute for Transnational Arbitration
- Chartered Institute of Arbitrators—North America Branch
Awards and Recognition
- Board-Certified Specialist in International Litigation and Arbitration by The Florida Bar (2021-present)
- Fellow, Chartered Institute of Arbitrators (United Kingdom)
