MALD Degree (Awarded 1985). Developmental Economics, Private International Law, Securities Studies, International Trade
Nationality:
Spanish and Guyanese
Languages:
English, Spanish (Fluent) Portuguese, French (Working Knowledge)
Nationality:
Spanish and Guyanese
Languages:
English, Spanish (Fluent) Portuguese, French (Working Knowledge)
contact:
+34 666 666 666 info@calvinhamilton.com
Bio
Calvin is a Chartered Arbitrator with more than 30 years’ experience. He has sat as arbitrator under ICC, ICDR, LCIA, Madrid Court of Arbitration, Zurich Chamber of Commerce, Hungarian Chambers of Commerce and Industry and UNCITRAL Rules in a variety of seats located in the Caribbean, Latin America, USA, Africa and Europe. He serves as an adjudicator on DABs in international construction contracts governed by the FIDIC Conditions of Contract. Calvin is a highly regarded Member of the ICC International Court of Arbitration.
His expertise and knowledge lie in Investor State and Commercial disputes arising from administrative and public law; construction; retail and consumer; energy and natural resources; environment, renewables & climate change; cross-border transactions including, mergers & acquisitions, distribution, sale of goods, agency, franchise and transfer agreements; and acquisition of assets and/or shares agreements.
His primary focus is on the Caribbean, Latin America, London, Continental Europe and US. Calvin’s experience includes common law and civil law which he developed in his practice in Spain, the Commonwealth Caribbean, including Guyana and Barbados, and the US.
Calvin’s experience and career in Spain spans over three decades, as an equity partner in two of Spain’s most prestigious law firms, representing clients in cross-border transactions before specialising in ADR, to then be considered among the top arbitration practitioners in Spain. Calvin then went on to open hamilton abogados, Spain’s first arbitration boutique, which was considered as a global player since 2009, earning recognition from Who’s Who, GAR and Best Lawyer.
He is also a founding member of the Spanish and Ibero-American Arbitration Club (CEIA) and served on its Executive Committee. CEIA promotes the use of arbitration among Spanish and Portuguese-speaking commercial entities and among entities with interests in Ibero-America. Calvin is fluent in Spanish and conducts arbitrations in both English and Spanish. He is proficient in French and has a working knowledge of Portuguese. He is a dual national of Guyana and Spain and is admitted in New York and Madrid.
Calvin is a former Senior Lecturer, Faculty of Law, Cave Hill Campus, Barbados. He travels throughout the Caribbean promoting ADR and has successfully worked with Member States to enact arbitration legislation and to create arbitration centres. The BVI, Barbados and Jamaica are now considered “Model Law Jurisdictions” with operating arbitration centres. He is a prolific speaker on ADR throughout the region. Additionally, he works with judiciaries to implement ADR programs and to sensitize judges and other stakeholders in ADR processes. Calvin is a CIArb accredited and certified course tutor for the acclaimed Module Courses.
Sector Expertise
Construction, Engineering & Infrastructure
Calvin’s construction experience lies in operation and maintenance of aviation storage and distribution facilities; termination, modification and suspension; scope of works delays; misrepresentations; overpayments and abatements; breach; damages; change orders; fluctuations; force majeure; frustration; statute of limitations; extension of time claims; defect notifications; remobilization; site inspection vs supporting documents; delay under extension of time claims; estoppel; Dispute Avoidance / Adjudication Boards; FIDIC contracts; defective product lines; acceptance & commissioning attempts; final acceptance; limitation of liability claims; timely delivery of production plant; delay penalties; deterioration of plant and equipment; depreciation; engineering costs due to lack of work; engineering charges to complete project; recovery of materials; performance guarantees; recovery of temporary advances; statute of frauds; anti-suit injunctions; exemplary or punitive damages.
Energy, Oil & Gas
Calvin’s oil and gas experience covers long term gas supply contracts; jet fuel and aviation gasoline supply contracts; refined fuels trade and supply agreements; into plane jet fuel and aviation gasoline operations; pricing mechanisms and revisions; price re-opener; pricing and contracts; oil indexed contracts and risks; gas procurement; foreign direct investment; cross border joint-ventures; infrastructure projects; investment protection; boundary disputes; unjust enrichment; entitlement natural resources; state immunity from jurisdiction and enforcement; joint operating agreements; exploration, production sharing agreements and concession agreements; gas and LNG sales agreements; farmout agreements; construction and operation of oil and gas production facilities, equipment, pipelines, onshore and offshore engineering power stations; general purchasing conditions; technical and nozzle check requirements; damages; non-associated gas; store transfer and sell agreements; operating expenses; extension of time for relinquishment; misrepresentations; expropriation.
Environment, Renewables & Climate Change
Calvin is experienced in renewable energy disputes particularly involving wind and solar power; turnkey contracts; distribution of wind speed values and wind availability; responsibility for testing wind availability; technical specifications; feasibility study of terrain; environmental concerns; access to electrical grid; polycrystalline silicon production; take or pay arrangements; estoppel; bulk and surface impurity specifications; solar grade chunks; size specifications; certifications and packaging; size reduction process; limitation of liability; non-refundable advances; delivery terms; force majeure; photovoltaic plant construction; renewal subsidy regimes; feed-in tariff regimes; claw-back provisions.
Commercial Dispute Resolution
As Arbitrator Calvin has seen disputes involving commercial agreements; farmout agreements, aviation storage & distribution agreements; into plane joint operations; breach of distribution, share purchase, shareholders, participation, alliance, franchise investment mutual funds and other agreements. He has addressed matters involving anti-suit injunctions. He has experience in matters involving disputes arising from contracts for the international sales of goods; rules of private international law; validity and formation of the contracts; obligations of the parties to the contract, rules regarding remedies for breach of the contract, including performance, claim damages or avoid the contract in case of fundamental breach, apportionment of risk, anticipatory breach of contract, damages, and exemption from performance of the contract. In addition, his experience lies in; defective production lines; finder’s fee and commission payments; cross-border transactions and joint-venture agreements; share and/or asset purchase; voice messaging system equipment purchase.
Mergers, Acquisitions & Joint Ventures
Calvin has extensive dispute resolution expertise in all aspects of mergers and acquisitions: disclosure agreements; due diligence; allegations of misrepresentation; unlawful dilution of shareholdings; breach of contract; calculation of completion accounts, triggers for the payment of deferred consideration, confidential clauses in the contract; purchase price adjustment mechanisms and earn-out provisions; indemnities and guarantees; fraud; working capital “true-ups,” valuations of COVID-19-affected companies; complexity of balance sheets; injunctive relief; dispute resolution.
Investment Treaty Disputes
Calvin’s investor-state experience covers a wide range of institutional and ad hoc arbitrations. He has sat in disputes concerning BITs and MITs; international investment agreements; ICSID jurisdictional requirements; treaty violations, including state’s inability to invoke the prerogatives of its own law to avoid jurisdiction; treatybased v contract-based rights; acts and/or omissions of a municipal government as treaty violation claim; investment protection; environmental protection; anti-suit injunctions; human rights and state immunity.
Banking, Finance & Fintech
Calvin’s banking experience consists of resolution of disputes concerning complex financial products, such as commercial banking arrangements; reinsurance contracts; Government export insurance indemnity agreements; investment mutual funds agreements; national pension fund investments; financial swap instruments; secondary market loan facilities; option and trading strategies of an investment bank; European investment funds’ efforts to register the fund in Spain, trading on the financial markets and sale of fund products; fintech shareholders’ agreements.
Technology & Telecommunications
Calvin has extensive dispute resolution experience in aspects of Technology and Telecommunications: dispute issues related to data security; complex accounting, jurisdictional, tax, insolvency and software issues; ownership of IP rights in software; outsourcing contracts; wrongful termination of technology contracts; injunctive relief; delays for the implementation of IT or telecommunications services; defects in functionality or performance of antivirus and other software; breach of confidentiality agreements.
Trade & Commodities
Calvin’s expertise include complex, integrated operations such as, joint venture for construction of LPG pipeline; strategic alliances and collaborations as well as mergers and acquisitions; supply chain disruption; charterparty, purchase and sale contracts; force majeure and non-delivery of products, long term offtake breach of contract; jet fuel and aviation gasoline supply contracts; refined fuels trade and supply agreements.
Experience
As Dispute Board Member
- Sole Dispute Avoidance Adjudication Board Member for a US$190 million FIDIC Red Book road project in a South American country.
- Member of a standing 3-member DAB in a EC$39 million CDB funded update road project in a Caribbean Country. FIDIC 1999 Red Book Contract conditions.
As Arbitrator
- Multiparty international arbitration between an English leading supplier of premium aviation fuels, on the one hand, and a regional leader in aviation services, and its local subsidiary, on the other hand, concerning a dispute arising out of a Storage and Distribution and the Into-Plane Agreements UNCITRAL Rules. Seated in Barbados. Applicable Law is Barbados Law.
- International arbitration between foreign investor and a Caribbean government, concerning the breach of a citizenship by investment agreement. Seated in St. Kitts. ICC Rules. Applicable Law is Kittitian Law.
- International ad hoc arbitration between a Caribbean government, government agency and foreign investor, concerning housing construction. Seated in Barbados. UNCITRAL Rules. Applicable law is Barbadian Law.
- International arbitration between an Italian investor and a Spanish manufacturer of wind terminals concerning defective technology. Seated in Madrid. Madrid Court of Arbitration Rules. Applicable Law is Spanish Law.
- International arbitration between a Spanish international bank and an investor concerning the breach of commercial banking agreements. Seated in London. ICC Rules. Applicable law is English Law.
- 4 concurrent arbitrations involving a major Spanish construction company and a contractor concerning construction defects, delays, cost overruns and changed specifications. Seated in Madrid. Madrid Court of Arbitration Rules. Applicable Law is Spanish Law.
- International arbitration between an international home improvement company and a construction company concerning wrongful termination and breach of contract. Seated in Madrid. Madrid Court of Arbitration Rules. Applicable law is Spanish Law.
- International ad hoc arbitration between a US manufacturer of electronic units and its Spanish distributor concerning the breach of a distribution agreement. Seated in Minneapolis, Minnesota. UNCITRAL Rules. Applicable Law is Minnesota Law.
- International arbitration between a Moroccan bank and Spanish state-owned insurer of Spanish foreign investments concerning the interpretation of contract provisions and duties and obligations of the insurer. Seated in New York. ICDR Rules. Applicable Law is New York Law.
- International ad hoc arbitration between a US buyer and a Spanish manufacturing company regarding indemnity claims under an insurance policy. Seated in New York. UNCITRAL Rules. Applicable Law is New York Law.
- International arbitration between Spanish commission fee earner and Swiss services company for anticipatory breach of fintech contract. Seated in Madrid. UNCITRAL Rules. Applicable Law Spanish Law.
- Sole Panellist on scores of Domain Name disputes
- International ad hoc arbitration between British Virgin Islands company and a Caribbean state agency for breach of contract. Seated in St. Lucia. UNCITRAL Rules. Applicable Law is St. Lucian Law
- International Request for Independent Review between Turkish investor and ICANN concerning the interpretation of the ICANN bylaws and articles of incorporation. ICDR Rules. Seated in California
- International ad hoc arbitration between US manufacturer of curtainwalls and Bermudan building contractor for breach of payment obligations. Seated in Bermuda. ICDR Rules. Applicable Law Bermudan Law.
- Chair in several Domain Name disputes.
- Multiparty international arbitration between a German contractor, its subsidiary and a Nigerian drilling company concerning rental and operating equipment for drilling, work-over and remedial operations in Nigeria. LCIA Rules. Seated in Dubai. Applicable Law is Nigerian Law.
- International arbitration between a Spanish international bank and an investor concerning swap instruments. Seated in Madrid. Madrid Court of Arbitration Rules. Applicable Law is Spanish Law.
- International arbitration between US multinational and Caribbean privately owned televisión consortium with seat in New York. ICDR Rules. Applicable Law is New York Law.
- International arbitration between a UK construction company and a Caribbean state-owned housing development corporation concerning cost overruns, delays, contract variations, etc. with seat in Port of Spain, Trinidad and Tobago. ICC Rules. Applicable Law is Trinidad & Tobago Law.
- International arbitration between Caribbean state-owned entity and a foreign investor concerning a reinsurance contract. Seat in London. ICC Rules. Applicable Law is English Law.
- International arbitration between Uruguayan and British Virgin Islands parties concerning the breach of contract of an investment in mutual funds. Seated in Madrid. ICC Rules. Applicable Law BVI Law.
- Multiparty international arbitration between US companies on the one hand, and French and Swiss companies on the other, concerning the breach of a share purchase agreement. Seated in Madrid. ICC Rules. Applicable Law is French Law.
- International arbitration between a Spanish manufacturer and Russian buyer concerning the delivery of a defective production line. Seated in Zurich. Zurich Chamber of Commerce Rules. Applicable Law is Swiss Law.
- International arbitration between Spanish and Hungarian parties concerning the defective construction of an automotive production line. Seated in Budapest. Hungarian Chambers of Commerce and Industry Rules. Applicable Law is Hungarian Law.
- International arbitration between a Bermuda domiciled Oil and Gas company and a Nigerian petroleum company concerning Farmout Agreements, interim and final anti-suit injunctions. Seated in London. LCIA Rules. Applicable law is English law.
- Co-Arbitrator in several Domain Name disputes
As Counsel
- Act for Barbadian investor in ICC arbitration against a government and its instrumentality concerning claims for damages for wrongful termination of a major development construction contract.
- Act for German consortium in an ad hoc arbitration against an oil exporting country concerning wrongful termination of an oil exploration agreement.
- Act for US manufacturer in an ad hoc arbitration against a Spanish contractor for breach of contract to construct curtain walls.
- Act for German car parts manufacturer in ICC arbitration against Spanish company for breach of shareholders agreement.
- Act for Spanish franchisee in arbitration against US franchisor for breach of franchise agreement.
- Act for a Spanish multinational manufacturer of industrial equipment against an English group of companies in ICC arbitration for breach of contract.
- Act for Italian claimant in arbitration against Spanish contractor before the Madrid Court of Arbitration. Concerning the design and manufacturing of valves for a gas pipeline located in North Africa. Act for charterer in arbitration concerning a charter party.
- Act for multinational computer company against its exclusive distributor in ICC arbitration for breach of contract provisions.
- Act for large Spanish commercial airline broker in ICC arbitration case for commission payments.
- Act for Finnish voicemail systems manufacturer against Spanish mobile phone carrier in ICC arbitration for breach of payment terms and wrongful termination.
- Act for Spanish manufacturer and marketer of solar panels in LCIA arbitration brought by a Maltese company for breach of contract with seat in London.
- Act for Finnish Technology company against Caribbean mobile carrier in ad hoc arbitration for breach of IP contract conditions.
- Act for Spanish distributor of pharmaceutical products against its sub-distributor for breach of contract.
- Counsel Venezuelan investors in BIT claim against Spanish government.
- Counsel US Construction company in dispute against Government of Antigua.
- Counsel Belizean government in a matter before the CCJ concerning the constitutionality of an agreement between government and investor which resulted in an LCIA award.
- Counsel on legal implications of the application of Spanish arbitration law to BIT claims against government of Venezuela.
Transactions – Representative cases and clients
- Acquisition of a hotel and surrounding infrastructures in Mallorca.
- Producer of electronic heating devices, in analysing its inter-company transactions and management charges and creating transfer pricing support documentation.
- US investment bank on its option and trading strategies in certain exchange rate transactions.
- Energy-management leader in management buy-out of Spanish company.
- Spanish theme-park and hotel consortium. Drafting document on gaming laws for approval and promulgation. Negotiating and drafting hotel management consultancy and construction contracts.
- Negotiating and structuring bank project financing. Counsel client and regional government on their negotiations with central government.
- Finnish company on acquisition of Spanish competitor.
- Joint venture between consultancy firm in a new technology system and leisure firms offering online services.
- Mexican Holiday Resort in the sale of debt to foreign Investors to raise financing for the resort.
- European investment funds (Irish and Luxembourgish) in their effort to register the funds in Spain for trading on the financial markets and sale of fund products. Advice on disclosure and listing requirements.
- Finnish Telecommunications Company in sales activities in Spain, the Caribbean and Latin America Negotiating and licensing maintenance and service agreements with music companies, telephone carriers and collecting agencies.
Academic & Professional Qualifications
1985
The Fletcher School of Law and Diplomacy:
1983
Brooklyn Law School:
JD Degree (Awarded 1983). International Law; International Trade Law.
1977
Long island University, C.W. Post College:
BSc. (Awarded 1977) Finance and Accounting.
Professional Associations & Recognitions
Chartered Arbitrator (FCIArb)
Member, ICC Court of International Arbitration
Member, Awards Review Committee, Centre of International Arbitration of Madrid (CIAM)
Co-chair ITA Americas Initiative Caribbean Task Force
ICC Caribbean Working Group Member
Madrid Bar Association (ICAM)
New York State Bar Association (NYSBA)
CIArb, Caribbean Branch, Executive Committee Member
CIArb, Chair, Barbados Chapter
Spanish Arbitration Club (CEA)
Swiss Arbitration Association (ASA)
Arbitration and Litigation Committees, (IBA)
Association for International Arbitration (AIA)
Member of the European Advisory Committee of the Fletcher School, Tufts University
Former Lecturer, IE Law School, Madrid, Spain
Founder Member, Board of Directories of the Spanish Arbitration Club
Past Co-Chair, Madrid Chapter, International Law Section, NYSBA
Past Vice Chair, Section of International Law, International Commercial, Transactions, Franchising and Distribution Committee, ABA
ICC Caribbean Working Group Member
Arbitration Panels
He receives appointments in cases administered by institutions which do not maintain formal arbitrator panels, including the ICC and LCIA
Presidential Panel of Arbitrators, CIArb
CPR Panel of Distinguished Neutrals
Emirates Maritime Arbitration Centre (EMAC) Panel of Arbitrators
International Centre for Dispute Resolution (ICDR) Panel of Neutrals
BVI International Arbitration Centre (BVIIAC) Panel of Neutrals
Jamaica International Arbitration Centre (JAIAC) Panel of Neutrals
KCAB International’s Panel of International Arbitrators Seoul (KCAB)
Hong Kong International Arbitration Centre (HKIAC)
Arbitration and Mediation Court of the Caribbean (AMCC)
Hong Kong International Arbitration Centre (HKIAC)
Arbitration and Mediation Court of the Caribbean (AMCC)
Shenzhen Court of International Arbitration (SCIA)
Sports Resolution UK Panel of Arbitrations & Mediators
Former Lecturer, IE Law School, Madrid, Spain
Founder Member, Board of Directories of the Spanish Arbitration Club
Past Co-Chair, Madrid Chapter, International Law Section, NYSBA
Past Vice Chair, Section of International Law, International Commercial, Transactions, Franchising and Distribution Committee, ABA
ICC Caribbean Working Group Member
Publications, Articles & Thought Leadership
Calvin is a prolific speaker. Travels the region and abroad speaking and conducting seminars and workshops on aspects of arbitration and significantly, the relevance of adoption of modern arbitration legislation in the Commonwealth Caribbean.
Examples of his most recent speaking engagements include:
April 3, 2023
Tribunal Deliberations and Dynamics.
Kempinski Hotel, Vienna. Juris Leading Arbitrators Conference
April 27, 2023
Alternative Dispute Resolution– Improving Access to Justice.
UWI Cave Hill Faculty of Law and CIArb Caribbean Branch joint conference
February 10, 2023
Impact & Future of Technology in International Arbitration.
CIArb European and London joint conference
October, 2022
Global Business Week-Legal Risk Management.
Barbados International Business Associations (BIBA)
March, 2022
Past, Present, and Future.
PAW Hybrid Event BVI IAC and EDAC – Disputes in the Caribbean Energy Sector
February, 2022
The Tribunal’s Dilemmas.
AMCC and CIArb Caribbean Branch Webinar – Corruption in Arbitration
August, 2021
Monthly Newsletter Member Interview.
CIArb eSolver
27th & 28th May, 2021
FOURTH TRIENNIAL CONFERENCE.
CIArb CARIBBEAN BRANCH
March 11, 2021
The Truth About Evidence Before DB’s and International ADR Tribunals.
February 19, 2021
CIArb 3rd Annual Student Day.
January 26, 2021
AMCC-IAC, Light, camera International Arbitration-Caribbean.
December, 2-4
2nd Annual ITA-ALARB Americas Workshop-Immunity of Arbitrators.
October 27, 2020
BVIIAC Virtual Mock Arbitration Webinar.
October 13, 2020
Using Mediation in International Commercial Disputes.
August 14, 2020
Young ICCA Webinar Series - Emerging Jurisdictions.
August 5, 2020
CADRIn Connect Webinar: Drafting an Effective Arbitration Agreement.
May 29, 2020
COVID-19: Changing the Paradigm in Dispute Resolution, AMCC/ CIArb Online Panel Discussion.
December 4, 2019
Commonwealth International Commercial Arbitration Study British Institute of International and Commercial Law
Caribbean Perspective London, UK
November 20, 2019
Strategies for Engaging Caribbean Commercial Bar in Arbitration
3rd BVI International Arbitration Conference, Road Town, BVI
November 21, 2019
Spotlight on the Americas: Developments Affecting the Hemisphere
3rd BVI International Arbitration Conference, Road Town, BVI
September 9, 2019
Year in Review, A guide through the essentials.
2nd Annual GAR, Atlanta, Georgia
March 6, 2019
Does Barbados need 2 Arbitration Acts?
Bridgetown, Barbados
April 26, 2018
Guyana Law Week: UNCITRAL Model Law and the Arbitration-friendly State
Georgetown, Guyana.
August 28, 2017
ICC Conference in Jamaica
Boosting the use of Arbitration in the Caribbean, Kingston, Jamaica.
May 31, 2017
BVI International Arbitration Conference
Complete Mock Arbitration Assimilation, Road Town, BVI.
March 2-3, 2017
International Institute for Conflict Prevention and Resolution
Role of Caribbean Courts in International Arbitration, Miami, Florida
Directory & Client Quotes
Calvin A. Hamilton is also regarded in Who’s Who Legal as Arbitration Global Leader 2022.