Katharine Menéndez de la Cuesta is a litigator who handles international disputes and is based in Holland & Knight's Miami office. Clients rely on her experience to represent them in international arbitration proceedings in English and Spanish, and in litigation matters before U.S. federal and state courts in New York and Florida.
Ms. Menéndez de la Cuesta has handled international arbitrations applying the laws of New York, Florida, Illinois, Spain, France, U.K., Namibia, Saudi Arabia, Colombia and Guatemala, among other jurisdictions, and administered by the main arbitral institutions, such as the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR) and International Centre for Settlement of Investment Disputes (ICSID). She has acted as Administrative Secretary of arbitral tribunals, and was a representative for North America of the ICC's Young Arbitrators Forum (YAF) for its 2019-2021 mandate.
Ms. Menéndez de la Cuesta has been involved in disputes arising out of mergers and acquisitions (M&A), energy and transportation matters (airport, mining and rail industries).
In addition, Ms. Menéndez de la Cuesta's background includes practicing international arbitration and litigation at a leading Spanish law firm for several years. She remains licensed in Spain, where she argued cases before Spanish courts concerning commercial matters. She is familiarized with the key differences between the common law and the civil law systems.
Ms. Menéndez de la Cuesta's experience includes serving as the chief research assistant to Professor George A. Bermann (chief reporter) for two years on the Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration, at Columbia Law School in New York. She also coordinated several projects for Professor Bermann, including the publication of Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts.
Ms. Menéndez de la Cuesta has lectured on advocacy and legal skills at the Universidad Pontificia Comillas (ICADE), Universidad Europea in Madrid, University of Miami School of Law and Florida International University (FIU), as well as presented seminars about advocacy skills in Latin America. She also has organized several events related to international arbitration with Columbia University Law School, the Spanish Arbitration Club (CEA) and the Young International Council for Commercial Arbitration (YICCA).
- Represented a member of a consortium in an International Chamber of Commerce (ICC) arbitration involving the rehabilitation of several airports in Africa
- Represented a private equity fund in an ICC arbitration against another private equity fund related to the scope of a letter of intent exchanged during the negotiations for the acquisition of a company
- Represented a private equity fund in an ICC arbitration over information undisclosed during the negotiations for the acquisition of a company
- Represented a coal company in an ICC arbitration among the shareholders in the concessionaire of a railway in Colombia
- Represented the members of a consortium in an arbitration involving the construction of a railway in the Middle East
- Represented a Danish company in an ICC arbitration relating to a contract for the sale and purchase of wind turbines
- Represented a Finnish consulting company in an arbitration before the Spanish Civil and Mercantile Court of Arbitration involving the alleged breach of a contract for the sale and purchase of a Spanish entity
- Represented a Latin American State in an International Centre for Settlement of Investment Disputes (ICSID) arbitration concerning the mining sector
- Representing a Latin American beverage manufacturer and distributor in an ICC arbitration involving a licensing and distribution agreement
- Representing a Venezuelan individual in an ICC arbitration involving a sale and purchase agreement of real estate
- Advised a Spanish company in the early stages of a class action before the U.S. District Court for the Southern District of New York
- Represented a Brazilian family before the U.S. District Court for the Middle District of Florida in an action brought under the Hague Convention on the Civil Aspects of International Child Abduction
- Representing a Spanish company before the U.S. District Court for the Southern District of Florida in a litigation arising from Title III of the Helms-Burton Act
- Representing the petitioner in a 28 U.S.C. §1782 application in support of a foreign proceeding before the U.S. District Court for the Southern District of Florida
- Represented an airline in a dispute involving the confiscation of an aircraft before a Florida state court
- Columbia Law School, J.D.
- Columbia Law School, LL.M.
- Universidad Pontificia Comillas de Madrid, B.S., Finance
- Universidad Pontificia Comillas de Madrid, LL.B.
- New York
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Southern District of Florida
- Comillas Alumni International Arbitration Club, Comillas Universidad Pontificia, Founding Member, 2022
- British Virgin Islands' International Centre (BVI IAC), Arbitration Committee, 2022
- Miami International Arbitration Society (MIAS), Board of Directors
- Miami International Arbitration Society (MIAS), Young Section Board, Director, 2019-2021
- American Bar Association
- Spanish Arbitration Club, Young Lawyers Division (CEA-40)
- International Chamber of Commerce (ICC), Young Arbitrators Forum (YAF)
- Young International Council for Commercial Arbitration (Young ICCA)
- Young ICCA Special Committee for the ICCA Guillermo Aguilar-Alvarez Memorial Prize, 2020
- International Centre for Settlement of Investment Disputes (ICSID), Young Lawyers Division
- Singapore International Arbitration Centre, Young Lawyers Division (YSIAC)
- New York City Bar Association, Inter-American Affairs Committee
- Who's Who Legal: Arbitration: Future Leader, 2021, 2022
- Daily Business Review, Florida Legal Awards, On the Rise, 2021
- Who's Who Legal Florida: Arbitration, 2020
- Holland & Knight Pro Bono All-Star, 2020
- Harlan Fiske Stone Scholar, Columbia University Law School
- Parker School Recognition of Achievement in International and Comparative Law, Columbia University Law School