Lawyers Damián Vallejo

Damián Vallejo

Damián Vallejo

Dunning Rievman & MacDonald LLP

Damián Vallejo focuses his practice on international investment arbitration, public international law, international commercial arbitration, and commercial litigation. He represents companies, states and individuals in investment treaty and international commercial arbitrations conducted under the major international arbitration rules (ICSID, UNCITRAL, ICC, ICDR, LCIA, etc.) and advises clients on public international law matters, including the structuring of investments under bilateral and multilateral investment treaties.

Damián also represents clients on commercial disputes and advises on arbitration-related litigation matters and the enforcement and challenge of domestic and foreign arbitral awards. He also acts as due diligence and transactional counsel in litigation finance and investments arising out of legal and regulatory special situations.

His experience spans a wide range of industries, including maritime, transportation, insurance, energy, mining, electricity, construction, infrastructure development, cross-border transactions, and general commercial matters. He has experience in civil and common-law legal systems.

Practice Areas & Work Department

International Investment and Commercial Arbitration

Commercial Litigation

Public International Law

Litigation and Arbitration Funding (Third-Party Funding)

Commercial Transaction








New York Bar

U.S. District Court for the Southern District of New York

U.S. District Court for the Eastern District of New York

Spanish Bar

The Chartered Institute of Arbitrators (CIArb)

The European Chinese Arbitrators Association (ECCA)

Vice President of the New York and Washington, D.C. Chapter of the Spanish Arbitration Club (Club Español del Arbitraje)

A New Way of Using Rico: Injuries Caused to Foreign Plaintiffs Due to Frustration of Enforcement of Arbitration Awards

The Supreme Court of the United States has ruled that foreign plaintiffs can use RICO to seek damages for injuries to their intangible property, including US judgments and arbitration awards, if the injury is felt in the US. This decision expands the enforcement options for foreign plaintiffs facing frustration in enforcing arbitration awards. RICO is a federal statute aimed at combating organized crime and allows private individuals to take legal action for damages. The ruling provides guidelines for determining whether an injury is domestic under RICO. This decision enhances the enforcement-friendly environment for foreign arbitration awards in the US.


The Importance of the Arbitral Seat In International Commercial Arbitration

The arbitral seat, or place of arbitration, significantly impacts legal consequences and practical considerations in dispute resolution. Factors influencing seat choice include neutrality, convenience, familiarity with the legal environment, and language. Legal consequences comprise recognition and enforcement of awards, supervisory jurisdiction, judicial assistance, internal arbitration procedures, conflict of laws, mandatory laws, arbitrability, and arbitration agreement validity. Parties should carefully consider the arbitral seat's implications to ensure smoother navigation of future disputes.


International Arbitration Landscape in the U.S.

The US is considered a pro-arbitration forum with independent, experienced, and neutral courts. The Federal Arbitration Act is the primary legislation governing arbitrations, including those related to the maritime transaction, contracts involving interstate and foreign commerce. The act provides limited grounds to vacate an arbitration award, and Chapter 2 ensures the application of the New York Convention in the US. U.S. courts must stay the trial of action if any suit or proceeding is brought upon any issue referable to arbitration. The domestic application of the NY Convention provides for a similar outcome. There are plenty of well-regarded arbitral institutions in the US capable of administering international arbitrations.


The U.S. – Türkiye Market

The US and Turkey have had a strong economic relationship for over a century, and bilateral trade between the two countries has risen to nearly $28 billion, with Turkey exporting goods such as machinery, carpets and textiles to the US, and importing US goods including aircraft, mineral fuels, and medical instruments. While Turkish foreign direct investment in the US in 2021 amounted to $2.272 billion, US FDI in Turkey reached $4.3 billion. Factors considered by investors when deciding where to invest in a foreign country include government transparency, low corruption, technology and innovation, tax rates, and investor and property rights.

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