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Nicole Duclos

Partner

New York +1 212 841 1135

  • About
  • Representative Matters
  • Credentials
  • About

    Clients and peers describe Nicole Duclos as “one of the best prepared international arbitration lawyers one is likely to meet.” She represents clients in international commercial and investment arbitration, as well as transnational litigation. In Latin America, Nicole is “an established favourite with clients and local co-counsel alike,” who describe her as “simply the best: meticulous, on top of everything, and with great knowledge of arbitration proceedings as well as the idiosyncrasies of Latin America.” In the Americas, clients describe her as “insightful, thorough, and the best of the best.”*

    Nicole has acted as counsel and advisor in international commercial arbitrations under the ICC, UNCITRAL, ICDR and AAA rules, as well as in investment treaty disputes under the ICSID and UNCITRAL rules. Her experience spans construction, energy, mining, agroindustry, and finance, among other industries. She has published on international arbitration and is a regular speaker on commercial and investment treaty arbitration.

    * See Accolades

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Commercial Arbitration

    • European Joint Venture in an ICC arbitration adverse EPC contractor in a dispute arising from the design and construction of toll roads in South America.
    • International financial institutions in a post-M&A dispute adverse the majority shareholder of a Latin American financial institution.
    • A U.S. NGO in an ad hoc arbitration against an African contractor in connection with the design and construction of a hospital facility in Central Africa.
    • A Korean petrochemical company in a post-M&A dispute against a U.S. manufacturer.
    • A U.S. renewables developer in injunctive proceedings against an EPC contractor arising from a consortium agreement relating to the development and construction of power plants in Central Africa.
    • A Korean engineering and construction company in a dispute against supplier of major equipment for a power plant in Asia.
    • European and American technology companies in an ICDR arbitration, and related litigation, arising from a patent infringement dispute.
    • A Korean engineering and construction company in a dispute with a South American State agency arising from a lump-sum contract for the engineering and construction of a major infrastructure project in South America.
    • A Peruvian mining company in an ICC arbitration against US EPCM and EP contractors in a dispute arising from the design and construction of a copper concentrator and molybdenum plant in South America.
    • A Korean engineering and construction company in an ICC arbitration against its Brazilian joint venture partner in connection with the construction of a major infrastructure project in South America.
    • A Chilean engineering and construction company in a dispute against a supplier of materials for the construction of an infrastructure project in Chile.

    • A Canadian mining company in a UNCITRAL arbitration arising from construction, project management and construction management agreements in connection with the construction of a mining project in Chile and Argentina.
    • A Korean engineering and construction company in an ICC arbitration against another Korean engineering and construction company, as well as its Latin American subsidiaries, in a dispute arising from the construction of a power plant in South America.
    • A utilities company in an UNCITRAL arbitration concerning the cancellation of a long-term concession for the design, construction, operation and maintenance of a drinking water plant in Central America.
    • Two Brazilian corporations involved in the construction and operation of thermoelectric power plants in Brazil in an ICC arbitration commenced by a multinational equipment manufacturer under an equipment supply contract.
    • The Peruvian subsidiary of a Chinese mining company in an ICC arbitration against a Chinese supplier of equipment for a copper project in Peru.
    • A Brazilian energy company in an ICC arbitration commenced by the supplier of major equipment for the construction of a biomass-to-ethanol plant in Brazil.
    • A subsidiary of JPMorgan Chase in an ICC arbitration against the Republic of Uruguay concerning a dispute arising out of a shareholders agreement.
    • Two Brazilian companies in their capacity as joint venture partners and EPC contractors in a dispute arising from the supply of defective equipment for the construction of a major thermoelectric project in Brazil.
    • A leading Brazilian food company in a dispute against a French fund arising from two contracts for the sale and purchase of carbon emissions.
    • The Brazilian subsidiary of a European engineering company in a ICC arbitration arising from EPC and EPCM contracts for the expansion of a paper mill plant in Brazil.
    • A Belgian company and its Panamanian subsidiary in an ICC arbitration against a Colombian Joint Venture in connection with dredging works for the expansion of the Panama Canal.
    • The Chilean subsidiary of a Canadian mining company in an UNCITRAL arbitration commenced by an EPC contractor in connection with the construction of a transmission line and substations in support of a major mining project in South America.
    • A UK utilities company in a dispute against a Central American state agency arising from a turn-key contract for the design and construction of a drinking water plant.
    • A Chilean gas distributor in an AAA arbitration against Chilean and Argentinean owners and operators of a natural gas pipeline.
    • A Mexican telecommunications company in a AAA arbitration brought by a U.S. telecommunications company.

    Investment Arbitration

    • State and multilateral agencies in a dispute against Ecuador arising from the indirect expropriation of the collateral securing the financing of the construction of the new international airport in Quito.
    • A South American State in an ICSID arbitration commenced by a Chinese investor under the relevant bilateral investment treaty.
    • A Bolivian natural gas company, owned and controlled by Dutch shareholders, in an ad hoc arbitration against the Republic of Bolivia under the Netherlands-Bolivia bilateral investment treaty.
    • A Canadian electricity company in a dispute against a Caribbean State for the expropriation of an electricity transmission business.

    Domestic and International Litigation

    • A South American paper company in five Section 1782 applications for discovery in aid of arbitration and litigation proceedings in Brazil. 
    • A Korean engineering and construction company in the successful lifting of a TRO seeking to enjoin an international arbitration proceeding seated in New York. 
    • An international financial institution in the challenge of a Section 1782 application made by a Chinese shipping company in the SDNY.
    • A subsidiary of a major financial institution in proceedings before the SDNY, as well as before the U.S. Court of Appeals for the Second Circuit, for the enforcement of an arbitral award rendered against a South American State in an ICC arbitration.
    • A global private equity fund in connection with labor, civil, and bankruptcy proceedings arising from two failed equity investment in Brazil.
    • A South Korean conglomerate in connection with bankruptcy proceedings affecting a major mining investment in Brazil.
    • A South Korean automobile manufacturer in connection with bankruptcy proceedings affecting its Chilean and Peruvian distributors.
    • A U.S. financial institution in civil, administrative, and criminal proceedings arising from an equity investment in a commercial bank in Argentina.

    Areas of Expertise

  • Credentials
    Education
    • Harvard Law School, LL.M.
        • Landon H. Gammon Fellowship for academic excellence
    • Universidad de Valparaíso, LL.B.
        • Valedictorian
    Bar Admissions
    • Chile
    • New York
    Languages
    • Spanish
    • Portuguese
    Accolades
    • Legal 500, NYAC. Legal 500 USA (2022): ‘Nicole Duclos is an outstanding practitioner. She is very detail-focused and no aspect of the case remains unattended when she gets involved.’
    • Who’s Who Legal: Arbitration, Global Leader (2022)
    • Legal 500 United States: Named "Leading Lawyer" (2022)
    • Legal 500 Latin America: Named "Next Generation Partner" (2022) – "She is a leader, very knowledgeable in arbitration and dispute resolutions at any level. She is great at communicating and delivering understandable and effective advice, guidance and strategy;" "She is rigorous, fast and has extensive knowledge of legal and technical aspects;" "Very neat and strategic in how to approach conflicts with states. Very good quality and fast response capacity;" "Nicole Duclos’s cross-border experience in Latin America brings great added value when litigating matters in the region. She understands the differences between US and Latin American legal systems as well as cultural differences. She is always willing to find solutions and is highly client-oriented and a team player when collaborating with local counsel."
    • Chambers Latin America (2022): "Nicole Duclos 'is very knowledgeable and diligent when providing us with the strategy to follow,' a client reports, adding: 'She is also very active and has an incredible work ethic.' She remains a key figure in the market, regularly advising notable corporate clients on significant commercial arbitration cases. She is particularly active on matters involving Brazil, Chile and Peru."
    • Expert Guides 2021: US Leader (Commercial Arbitration; Women in Business Law)
    • Chambers, International Arbitration - USA Nationwide (2021): Ranked in Arbitration and Enforcement – "Nicole Duclos comes particularly recommended for her expertise in international commercial arbitrations, as well as her handling of enforcement proceedings. 'I was very impressed with Nicole’s knowledge, focus on the matter and sound judgment.' 'Nicole was able to identify at a very early stage the potential difficulties the client would confront and anticipate the possible defenses that the defendant could invoke.' 'She’s very prepared and diligent in everything that she does.'"
    • Chambers Latin America (2021): "Nicole Duclos is 'an excellent arbitration lawyer' and has 'astute commercial judgement,' according to observers. She remains a key figure in the market, regularly advising notable corporate clients on significant commercial arbitration cases. She is particularly active on matters involving Brazil, Chile and Peru."
    • Latinvex, "Latin America’s Top 100 Lawyers” (2021)
    • Who’s Who Legal, Recommended - Partners (2021)
    • Legal 500 Latin America: Named "Next Generation Lawyer" (2021)
    • Super Lawyers (New York Metro) (2020)
    • Diario Financiero (Chile): Prominent Lawyers Abroad (2020)
    • Latinvex, "Latin America's Top 100 Female Lawyers: Arbitration & Litigation" (2020)
    • Latinvex, "Latin America's Top 100 Lawyers: Arbitration & Litigation" (2020): "Nicole Duclos is a skilled practitioner who benefits from considerable experience acting on commercial disputes throughout the region ... Her abilities in the arbitration field have earned her high praise, with one commentator asserting: 'She is very thorough in her analysis and also pays attention to the details of the case without losing sight of the big picture.'"
    • Chambers, International Arbitration - USA Nationwide (2020): "Nicole Duclos comes particularly recommended for her expertise in international commercial arbitrations. One client states: 'She is a professional of the highest level, and is 100% focused on all the matters for which she is responsible. Furthermore, she shows great leadership of her work team and excellent management of the client relationship'"
    • Chambers Global – USA – International Arbitration (2020): Nicole Duclos is "very knowledgeable about clients from Latin America as well as other parts of the world." She frequently acts in cross-border arbitrations that involve Latin American parties.  
    • Who’s Who Legal, Arbitration Future Leaders - Partners (2020): Category: "Most Highly Regarded Partners in the Americas." "Sources loud Covington & Burling’s Nicole Duclos as 'insightful, thorough, and the best of the best.' She is praised for being 'smart, talented and target-oriented, with an endless capacity for working and being attentive to every detail.'"
    • Legal 500 Latin America: Named "Next Generation Lawyer" (2020)
    • Chambers Latin America, Arbitration (2020): "Nicole Duclos is a skilled practitioner who benefits from considerable experience acting on commercial disputes throughout the region. Her abilities in the arbitration field have earned her high praise, with one commentator asserting: "She is very thorough in her analysis and also pays attention to the details of the case without losing sight of the big picture.'"  
    • Super Lawyers (New York Metro) (2019)
    • Chambers Global – USA – International Arbitration (2019): “Nicole Duclos comes highly recommended for her strength in disputes arising from Latin America. Sources commend her 'excellent communication skills’ and 'ability to handle complex situations and lead her team well.'"
    • Latinvex, "Latin America's Top 100 Lawyers: Arbitration & Litigation" (2019): She is "ready to provide the best advice always bearing in mind our business needs," and "deeply committed to providing an extraordinary class legal service."
    • Chambers Latin America (2019): "She has a very high level of involvement and understanding of the topics she handles and is very methodical and demanding in her work. She also has excellent communication skills as well as the ability to handle complex situations and lead her team well." 
    • Global Arbitration Review and Who’s Who Legal: Arbitration, "Future Leader: the most eminent lawyers in the field under 45" (2018)
    • Super Lawyers (New York Metro) (2018)  
    • Chambers Global – USA – International Arbitration (2018): Nicole Duclos earns impressive praise for her "excellent experience" in Latin America-focused international arbitration disputes. She acts for clients in disputes under a broad range of institutional rules, in matters concerning energy and natural resources, finance and construction.
    • Latinvex, "Latin America's Top 100 Female Lawyers: Arbitration & Litigation" (2018)
    • Latinvex, “Latin America's Top 100 Lawyers" (2018)
    • Chambers Latin America (2018): "Impressive" practitioner Nicole Duclos focuses her practice on Latin American commercial and investment arbitration, as well as litigation, across several industries. Sources report that she is "extremely smart and increasingly visible in the region."
    • Expert Guides, Expert, Commercial Arbitration: North America, United States(2017)
    • Super Lawyers (New York Metro) (2017) 
    • Chambers Latin America (2017): "Nicole Duclos is singled out for praise by market commentators for her work in international arbitrations in the region. They comment that 'she is a very good lawyer.'"
    • Latinvex, "Latin America’s Top 100 Lawyers" (2017):  "The Legal Corporate Compliance & M&A Head at a major Brazilian energy company praises Duclos' extensive arbitration experience. 'She is … very candid, accessible, ready to provide the best advice always bearing in mind our business needs.' The legal head of an Asian mining company praises Duclos and her team for being 'proficient, highly skilled and experienced, as well as deeply committed on providing an extraordinary class legal service, always available to the client.'"
    • Chambers Latin America (2016): "The 'very client-oriented' Nicole Duclos attracts positive feedback from interviewees, who praise her "organisational skills, ability to co-ordinate a team, and intelligence.'"
    • Latinvex, "Latin America's Top 100 Female Lawyers: Arbitration & Litigation" (2016) 
    • Legal 500 Latin America (2016): "The firm’s New York and London offices are also integral to the firm’s Latin America arbitration practice, with key figures in the former including 'brilliant strategist' Nicole Duclos.” 
    • Super Lawyers (New York Metro) (2016)
    • Chambers Global (2014): Nicole is "highly regarded by market sources, one of whom observed that 'she combines complete grasp of the facts with an impressive attention to the smallest details. Her contribution to our case was decisive.'"
    • Legal 500 US, Energy - Litigation (2016) 
    • Latinvex, "Latin America's Top 50 Female Lawyers" (2015)
    • Minority Corporate Counsel Association, "Rising Star" (2015) 
    • Legal 500 Latin America (2013): Nicole "is ‘an established favourite' with clients and local co-counsel alike; 'she’s simply the best: meticulous, on top of everything, and with great knowledge of arbitration proceedings as well as the idiosyncrasies of Latin America.'"
    • Legal 500 US (2013): "Nicole Duclos is ‘one of the best prepared international arbitration lawyers one is likely to meet,' and 'exceptionally intelligent, she is exhaustive, absolutely indefatigable, and leaves no stone unturned.'"
    • Chambers, International Arbitration: Latin America-wide (2013): Ms. Duclos "impresses sources: 'She's very sharp – definitely one to watch.'"
    • Legal 500 US (2012): Ms. Duclos is a "first-class lawyer" who "has made a huge difference, she brings the team real local knowledge and her handling of cases is brilliant."
    • Chambers, International Arbitration: Latin America-wide (2012): Ms. Duclos "has advised clients in arbitrations involving an array of Latin American states. 'She's very commercially aware, astute and able to carry the torch,' say sources, 'a star of the future with the world at her feet.'"
    Memberships and Affiliations
    • Board Member, Santiago Arbitration and Mediation Center (CAM Santiago)
    • Board Member, North American Chilean Chamber of Commerce
    • President of New York and Washington, D.C. Chapter of the Club Español de Arbitraje (CEA)
    • Member, IBA Arbitration Guidelines and Rules Subcommittee's Steering Group, IBA Arbitration Committee 
    • New York State Bar Association (International Section)
    • American Bar Association (Section of International Law)
    • International Bar Association
    • ALARB
    Previous Experience
    • Senior Associate in the international arbitration group of a major international law firm.
    • Associate in the litigation department of a major New York law firm.

    Areas of Expertise

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