Flavio Ponzano

Flavio Ponzano

FORMACIÓN ACADÉMICA

  • Ph.D. in International Law (Catholic University of Milan, 2018)
  • Degree in Law (Catholic University of Milan, 2012)

HABILITACIÓN PROFESIONAL

  • Milan Bar (2015)

IDIOMAS

Italian, English, French (intermediate)

Flavio specializes in international commercial and investor-State arbitration. He has been involved (as counsel, arbitrator, secretary or assistant to arbitral tribunals) in over 40 arbitrations subject to various rules (ICC, ICSID, LCIA, Swiss Rules, Milan Chamber, UNCITRAL), including high-profile matters in the energy sector involving state and state-owned entities. Flavio’s areas of expertise include conflict of laws and EU law.

 

Flavio’s recent experience as counsel includes representing foreign photovoltaic investors in UNCITRAL arbitrations against the Czech Republic brought under the ECT and various intra-EU BITs; a foreign private equity player in Milan Chamber arbitration on a company law dispute; an Italian energy company in a post M&A dispute submitted to ICC arbitration; an Italian oil & gas contractor in ICC arbitration; an Italian railway contractor in ICC arbitration arising from a FIDIC contract with a foreign state-owned entity; a Maltese company in ICC arbitration over the image rights of a famous football player; an Italian distributor of medical devices in ICC arbitrations against a Japanese manufacturer.

 

Flavio’s other recent experience includes acting as sole arbitrator in foreign-seated ICC arbitration regarding an IP dispute; acting as co-arbitrator in Milan Chamber arbitration arising from a distribution agreement; appearing before Dispute Adjudication Boards; advising foreign and Italian companies in disputes regarding international transport and international sale; working on expert opinions on various arbitration law issues (res judicata, confidentiality, interim measures and arbitrators’ disclosure and conflicts of interest).

 

Flavio acted as secretary to distinguished tribunals, including an ICC tribunal deciding a dispute arising from a project for the construction of a waste-to-energy plant between a European company and a Middle Eastern State; an ICC tribunal deciding a dispute relating to an oil refinery joint venture in Costa Rica; an ICC tribunal deciding a dispute between US investors and the national electricity company of West African country relating to a project for the improvement of the electricity sector.

 

Flavio holds a Ph.D. in international law from the Catholic University of Milan, with a thesis on the res judicata effects of foreign judgments and international arbitral awards. From 2013 to 2019 he assisted Professor Radicati di Brozolo with his courses of private international law and law of international arbitration. Flavio is a member of the board of editors of the Italian law review Diritto del Commercio Internazionale and author of various publications on arbitration.

 

Flavio is a member of the IBA Task Force on Res judicata in International Arbitration, a member of the YSIAC Council, a member of the Advisory Board of Arbit and a former member of the Executive Committee of AA40.

 

Flavio is recognized in Lexology (formerly Who’s Who Legal) and Chambers and Partners rankings.

 

Flavio graduated cum laude from the Catholic University of Milan. Before joining ArbLit in 2013 upon its foundation, Flavio was a trainee in the corporate and M&A practice group of Bonelli Erede. In 2014, he took part in the International Academy for Arbitration Law held in Paris where he was awarded the runner-up prize for the laureate of the Academy.

  • Member of the IBA Task Force on Res judicata in International Arbitration (since March 2024)
  • Member of the Advisory Board of Arbit (since April 2024)
  • Member of the Council of YSIAC (since June 2023)
  • Member of the board of editors of Diritto del Commercio Internazionale (since 2016)
  • Former member of the Executive Committee of AA40 (2019 – 2022)
  • PUBLICATIONS

    • How to assess the res judicata effects of international arbitral awards: giving concreteness to an autonomous approach, in Arbitration International, advance access publication July 18, 2024 (with Luca G. Radicati di Brozolo)
    • The CJEU judgment London Steam-Ship Owners: from the exclusion to the irrelevance of arbitration under the Brussels jurisdiction and judgments regime, comment to CJEU judgment of June 20, 2022, C-700/20, EU:C:2022:488, in Rivista dell’Arbitrato, 2023, 2, pp 358-377.
    • The CJEU judgment in London Steam-Ship Owners’ Mutual Insurance Association Limited v. Kingdom of Spain: a further blow to arbitration?, comment to CJEU judgment of June 20, 2022, C-700/20, EU:C:2022:488, in ICC Dispute Resolution Bulletin, 2022, 3, pp 13-18.
    • Treaty shopping according to the Swiss Federal Tribunal: towards greater legal certainty?, comment to Federal Tribunal judgment 4A_398/2021, in Diritto del Commercio Internazionale, 2022, 3, pp 779-801.
    • The Need for Arbitration-Specific Rules on Ethics: a Plea for a Collective Effort, in M. S. Abdel Wahab et al. (eds.), Leadership, legitimacy, legacy: a tribute to Alexis Mourre, ICC Publication, 2022, pp 105-119 (with L. G. Radicati di Brozolo).
    • The Res Judicata Effects of Foreign Judgments and Awards, Ph.D. thesis, Catholic University of Milan, 2018.
    • La res judicata nell’arbitrato commerciale internazionale: note a margine della monografia di Silja Schaffstein, in Rivista dell’Arbitrato, 2017, 1, pp 181-190.
    • Representative Aspects of “Mass Claim” Proceedings in Investor-State Arbitration, in B. Hanotiau & E. A. Schwarz (eds.), Class and Group Actions in Arbitration, Dossiers – ICC Institute of World Business Law, 2016, pp 127-145 (with L. G. Radicati di Brozolo).
    • La giurisdizione ICSID rationae personae: il ritorno della dicotomia forma-sostanza in tema di nazionalità dell’investitore persona giuridica, comment to Venoklim Holding B.V. v. República Bolivariana de Venezuela, ICSID Case No. ARB/12/22, in Diritto del Commercio InternazionaleThe Law of International Trade, 2016, 2, pp 513-534.
    • Confidentiality within Arbitration, in E. Geisinger (ed.), Confidential and Restricted Access Information in International Arbitration, ASA Special Series No. 43, 2016, pp 1-20 (with L. G. Radicati di Brozolo).
    • Determinazione della legge applicabile alla convenzione arbitrale in assenza di scelta espressa delle parti, comment to FirstLink Investments Corp Ltd v GT Payment Pte Ltd and others [2014] SGHCR 12, in Rivista dell’Arbitrato, 2014, 4, pp 833-852.
    • Clausole arbitrali e clausole di elezione del foro: un’antinomia solo agli occhi dei ‘non reasonable observers’?, comment to British American Insurance (Kenya) Ltd v (1) Matelec SAL (2) Thika Power Ltd [2013] EWHC 3278 (Comm), in Diritto del Commercio Internazionale, 2014, 2, pp 508-519.
  •  ICC Türkiye Arbitration Day, Istanbul, November 14, 2025, “Res Judicata – How to approach the issue in international arbitration”
  • CAM (Milan Chamber of Arbitration), Milan, October 29, 2025, “Arbitrato senza confini? Le (best) practices internazionali nell’arbitrato italiano
  • ICC Italia, Rome, October 24, 2025, Executive Course on International Commercial Arbitration, hearing simulation (cross-examinations and closing statements)
  • SIDIL / Fondazione Bresciana per gli Studi Economico-Giuridici / CAM, Brescia, March 19, 2025, “La consulenza tecnica e l’assunzione della prova in arbitrato” (lecture within advanced course on arbitration)
  • ICC Italia, Rome, October 25, 2024, Executive Course on International Commercial Arbitration, hearing simulation (cross-examinations and closing statements)
  • ArbLit / Trevisan & Cuonzo, Milan, October 16, 2024, “La tutela dell’IP tra contenzioso e arbitrato
  • CAM (Milan Chamber of Arbitration) – AIA-ArbIt-40, Milan, April 12, 2024, “La convenzione di arbitrato” (lecture within the course “L’arbitrato, da vicino”)
  • AIA-ArbIt-40 / YSIAC, Milan, March 27, 2024, “Res judicata in international arbitration: a no man’s land?
  • Novara Bar, November 27, 2023, “La patologia del contratto di trasporto internazionale tra giudizio ordinario ed ADR
  • ICC YAAF, Catholic University, Milan, May 12, 2023, “Ethical issues in international arbitration
  • CAM (Milan Chamber of Arbitration) – AIA-ArbIt-40, Milan, April 14, 2023, “La convenzione di arbitrato” (lecture within the course “L’arbitrato, da vicino”)
  • ASA below 40, Spring Event, Genève, June 10, 2022, “What Co-operation Is Expected Between Counsel and the Expert?” (moderator)
  • ICC YAF – AIA-ArbIt-40 webinar, October 21, 2020, “Selection of factual witnesses and drafting of witness statements” (moderator)
  • Delos-Y, webinar, October 2, 2020, “Hearings – the Ultimate Test for an Arbitration Associate
  • Catholic University, Milan, November 29, 2019, “Il diritto internazionale privato nell’esperienza dell’avvocato d’affari
  • Bonelli Erede, Milan, February 20, 2019, “The Prague Rules: wind of change?
  • ICC YAF, CFA-40, PVYAP, Paris, July 5, 2018, “Career opportunities in International Arbitration
  • ARBLIT, Milan, November 10, 2017, “Res Judicata in International Arbitration
  • ICC YAF, Milan, April 8, 2016, “International Energy Investments and the ECT – a Focus on Investments in Renewables

Who’s Who Legal 2022 says: https://whoswholegal.com/flavio-ponzano

“Flavio has an impressive academic background”

“He is a very convincing advocate”

“He has the ability to tackle any legal issue his clients may encounter with knowledge and audacity”