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About Carlos Hernández

Carlos specialises in complex and cross-border litigation and arbitration.

He has over eight years of experience acting in litigations and arbitrations involving a variety of jurisdictions, institutions, applicable laws, and industry sectors. He has regularly participated in arbitration-related proceedings in Spain and abroad for international corporations and sovereign states.

His previous experience includes being a senior associate in the International Arbitration and Litigation Group of a leading Spanish law firm in Madrid. 

Carlos is admitted to practice law in Spain. He speaks English, Spanish and Catalan and has a basic knowledge of German.

Recent work

Commercial litigation

  • Spanish sports entity in injunctive relief proceedings against a Qatari counterpart, which helped the client recover over USD 50 million*;
  • Foreign royals in Spanish Supreme Court proceedings in connection with real estate property worth more than EUR 230 million*;
  • Insurance agents in a civil claim worth over EUR 100 million against a large Spanish insurance company*;
  • American and Japanese car manufacturers in disputes with former agents and distributors*;
  • Global medical devices manufacturer in several product liability claims before Spanish Courts; and
  • Spanish public entity before the Spanish Supreme Court in a dispute against a subcontractor in connection with a large project in the Middle East*;

Arbitration and arbitration-related litigation

  • Spanish company and one of its shareholders in connection with the ownership of a 50% stake in one of the largest supermarket chains in Catalonia, Spain. The proceedings included an ad-hoc arbitration, the defence of three arbitral awards in set aside proceedings, and parallel shareholder litigation before Spanish courts. Amount in dispute in excess of EUR 530 million*;
  • Asian state in the global coordination of judicial and arbitral proceedings in Spain, France, the Netherlands, Luxembourg, and the United Kingdom related to a claim worth over USD 30 billion arising out of an ancient colonial agreement. This politically sensitive dispute involved complex and novel issues of both arbitration law and public international law*;
  • Italian infrastucture fund in a dispute and potential ICC arbitration concerning a W&I insurance policy*;
  • US telecoms corporation in CIMA arbitration proceedings worth EUR 30 million against a Spanish public entity involving complex telecommunications (optical fibre) and competition law issues*;
  • Spanish fast food conglomerate in a post M&A arbitration before the Madrid Court of Arbitration*;
  • US-Peruvian mining corporation in the Spanish enforcement of a CCL (Cámara de Comercio de Lima) award*.

In addition, Carlos has acted as:

  • Assistant to an international investment law expert in an ICSID case between a Western mining company and an Asian state*; and
  • Arbitral secretary to the sole arbitrator in a CIMA arbitration concerning a failed joint venture in the hospitality sector between Arabian groups. Amounts claimed over EUR 300 million. Luxembourg law applied*.

  *Matters handled prior to joining Freshfields

Qualifications

University education

Bachelor of Laws from ESADE Business and Law School (Spain)

Master's Degree in International Business Law and Legal Practice from ESADE Business and Law School (Spain)

International and Comparative Business Law Exchange Program at Bucerius Law School Hamburg (Germany)

Memberships and other responsibilities

Member of the following institutions: Club Español e Iberoamericano del Arbitraje (Spanish and Iberoamerican Arbitration Club), Young ICCA, ICC YAAF and Club Español de Litigación de los Negocios (Spanish Business Litigation Club)

Co-founder and Board Member of the ESADE Alumni Arbitration Club

Carlos has regularly published on international litigation and arbitration and has been invited as a guest speaker in different conferences.