Giacomo Rojas Elgueta

Partner | Milan

Email Giacomo
VCARD

Secretary Edy Zambon

Email Edy
+39 02 8821 4246

Giacomo is a Partner in Milan and Co-Head of the International Arbitration global practice.

Giacomo is Full Professor of Private Comparative Law at Roma Tre University Law School.


Counsel work

Giacomo acts for Italian and foreign clients in international and domestic arbitration proceedings. His practice has a particular focus on construction, shipbuilding, shipping, oil and gas, renewables, digital media, corporate and post-M&A disputes.

Giacomo has extensive experience representing multinational companies in high-stakes, complex international arbitration proceedings spanning multiple jurisdictions and involving a wide range of governing laws, arbitral seats, and institutional rules.

Alongside his commercial arbitration work, Giacomo has gained significant experience in investment arbitration.


Arbitrator

Giacomo regularly serves as presiding arbitrator, co-arbitrator, and sole arbitrator in international and domestic arbitrations. His experience spans institutional and ad hoc arbitrations seated in multiple jurisdictions, governed by diverse substantive laws, and conducted under a wide range of arbitral rules, including those of the ICC, the Milan Chamber of Arbitration, the LCIA, and the Swiss Arbitration Centre.


Expert witness

Giacomo has been appointed as an expert on Italian law by the Italian Republic in several investment arbitration proceedings under the ICSID and SCC rules, and by multinational companies in international commercial arbitrations and State court proceedings before US federal courts and the courts of England and Wales.
 

Advisory work and cross-border litigation

Giacomo is regularly entrusted by clients with devising and overseeing the legal strategy for complex cross-border disputes, including coordinating litigation proceedings before foreign courts.

He also represents Italian and international clients in civil and commercial litigation before Italian courts and provides strategic advice on international commercial contracts and sophisticated legal matters, including the preparation of legal opinions.


Institutional and academic positions

Giacomo serves as President of the ICC Italia Commission on Arbitration and ADR and as an Italian delegate to the ICC Global Commission on Arbitration and ADR. He is a member of the ICSID Panel of Conciliators (designated by the Italian Republic), of the Italian National Olympic Committee Collegio di Garanzia, and of the SIAC Panel of Arbitrators. He is also included in the European Commission’s 'List of Candidates Suitable for Appointment as Arbitrators in bilateral disputes under trade agreements with third countries'. 

In addition, Giacomo serves as Co-Director of the Roma Tre – UNIDROIT Centre for Transnational Commercial Law and International Arbitration, as Co-Director of the Roma Tre University Certificate in International Commercial and Investment Arbitration, and as Co-Editor of the ICCA 'Does a Right to a Physical Hearing Exist in International Arbitration?' project. In 2023, he was a Visiting Associate Professor at the National University of Singapore Faculty of Law.

Experience

Aviation and marine Commercial litigation Energy
International arbitration Public international law Technology

Track Record

Construction of an LNG bunker barge – ICC arbitration

Advising and representing a US shipbuilding company in an ICC arbitration seated in Zurich against a German company, arising out of a purchase order governed by English law, related to the construction of an LNG bunker barge.

Zurich, Switzerland

Construction project in Poland – ICC arbitration

Party-appointed arbitrator in an ICC arbitration seated in Geneva between an Italian general contractor and a Polish subcontractor, arising out of a construction project in Poland.

Geneva, Switzerland

Design-build contract for a Moscow city development – ICC arbitration

Party-appointed arbitrator in an ICC arbitration seated in Stockholm between a leading Italian construction company, as general contractor, and a sanctioned Russian bank, as owner, arising out of a design-build contract governed by Russian law for a major city development project in Moscow.

Stockholm, Sweden

Gas power stations in the UK – ICC arbitration

President of the arbitral tribunal in an ICC arbitration seated in Zurich between a German supplier and a Greek general contractor, arising out of three open-cycle gas power station projects in the United Kingdom.

Indian infrastructure group – post-M&A arbitration

Advising and representing a Dutch company, part of a group led by a major Indian infrastructure company, as buyer in a post-M&A ICC arbitration seated in London against two Italian sellers and a US seller.

London, United Kingdom

International mediation in London

Advising and representing a multinational company in a high-stakes international mediation in London, arising out of a tort claim brought against a US company before a federal court in Ohio.

London, United Kingdom

Italian company – mobile commerce agreements

Advising and representing an Italian company in an ICC arbitration seated in Paris against a German company and a Spanish company, arising out of two mobile commerce collaboration agreements governed by Spanish and German law respectively.

Paris, France

Italian steel producer – CISG supply dispute

Advising and representing a major Italian company in the steel industry in an ICC arbitration seated in Zurich against a US company specialising in the supply and resale of coal, arising out of several spot purchase agreements governed by the CISG.

Zurich, Switzerland

Photovoltaic power plant in Sardinia – ICC arbitration

Sole arbitrator, appointed by the parties, in an ICC arbitration seated in Milan arising out of a joint development agreement for a photovoltaic power plant in Sardinia.

Milan, Italy

Shipbuilding contract claim – English Commercial Court

Advising a multinational company in proceedings brought against it by a US company before the Commercial Court of the High Court of Justice of England and Wales (Business and Property Courts) in relation to a shipbuilding contract.

London, United Kingdom

External Publications

Books

  • The Economic Foundation of Debtor-Creditor Relations, Bologna, published by il Mulino, 2017
  • Contract Freedom and the Limitations on Debtor Liability, Milan, published by Giuffrè, 2012
  • Regulation of Insurance Proceeds and Marital Property Law, Naples, published by Jovene, 2007

Edited Books

  • Does a Right to a Physical Hearing Exist in International Arbitration? The ICCA Reports No. 10, edited by Hosking J., Lahlou Y., Rojas Elgueta G., The Hague, published by International Council for Commercial Arbitration (ICCA), 2022
  • The Multiple Uses of the UNIDROIT Principles of International Commercial Contracts: Theory and Practice, edited by Galizzi P., Rojas Elgueta G., Veneziano A., Milan, published by Giuffrè 2020
  • Cognitive Mistakes and Arbitration, edited by Azzali S., Morera U., Rojas Elgueta G., Bologna, published by il Mulino, 2018
  • Expert Witness Testimony in Arbitration Proceedings: Breach of Contract and Quantification of Damages, edited by Azzali S., Rojas Elgueta G., Zoppini A., Milan, published by Giuffrè, 2016
  • Beyond the Rationality Assumption: Cognitive Mistakes and Bounded Rationality in Private Law, edited by Rojas Elgueta G., Vardi N., Rome, published by Roma Tre University Press, 2014

Articles

  • Arbitration and Emotions: An Introduction, in International Arbitration: A Human Endeavour, edited by Bao C., Sheppard A., published by Kluwer Law International, 2026, p. 567-576
  • Arbitration and Emotions: Beyond the Myth of the Dispassionate Arbitrator, in Il valore del dissenso. Riflessioni con Vincenzo Zeno-Zencovich, edited by Cardarelli F., Frosini T.E., Poillot E., Resta G., Sica S., Zoppini A., published by Roma Tre University Press, 2025, p. 1567-1582
  • Arbitrato in materia di costruzioni in Introduzione al diritto dell’arbitrato internazionale, edited by Deli M.B., Coccia M., Torino, published by Giappichelli, 2024, p. 337-353 (co-authored with Benedetta Mauro)
  • From «antagonistic» to «empathic»: the ‘long-term contracts’ continuum and the role of the UNIDROIT principles in Archivio Giuridico Sassarese, 27, 2023, p. 139-160
  • The European Convention on Human Rights and the Protection of Foreign Direct Investment: The Role of “Legitimate Expectations”, in The European Convention on Human Rights and its Impact on Private Law: Italo-German Perspectives, edited by Fornasier M., Stanzione M.G., Cambridge, published by Intersentia, 2023, p. 198-224
  • General Report, in Does a Right to a Physical Hearing Exist in International Arbitration? The ICCA Reports No. 10, edited by Hosking J., Lahlou Y., Rojas Elgueta G., The Hague, published by International Council for Commercial Arbitration (ICCA), 2022, p. 5-42 (co-authored with James Hosking and Yasmine Lahlou)
  • The Psychology of Remote Hearings, in Does a Right to a Physical Hearing Exist in International Arbitration? The ICCA Reports No. 10, edited by Hosking J., Lahlou Y., Rojas Elgueta G., The Hague, published by International Council for Commercial Arbitration (ICCA), 2022, p. 167-191 (co-authored with Leslie Ellis)
  • Remote Hearings: The Arbitral Institutions’ Perspective, in Does a Right to a Physical Hearing Exist in International Arbitration? The ICCA Reports No. 10, edited by Hosking J., Lahlou Y., Rojas Elgueta G., The Hague, published by International Council for Commercial Arbitration (ICCA), 2022, p. 237-271 (co-authored with Benedetta Mauro)
  • The Relevance of Psychology in Restoring Arbitration Procedural Efficiency, in The Psychology of the Arbitration Hearing, Istanbul Arbitration Centre (ISTAC) Publications – 3, edited by Akıncı Z., Tuğa U., Arat Ş.C., Istanbul, published by On İki Levha Yayıncılık, 2022, p. 67-96
  • The Judgement of the EU Court of Justice Dated September 11, 2019 (Case “Lexitor” C-383/18) and the Early Repayment of Consumer Loans, in Milano Finanza, 21 July 2021
  • Covid-19 as a Supervening Event in Leases of Non-Residential Property, in Roma Tre Law Review, 2021, p. 69-85 (co-authored with Benedetta Mauro)
  • Scope and Sources of Investors’ Legitimate Expectations in the Spanish and Italian Renewable Energy Sagas, in Arbitraje: Revista de arbitraje comercial y de inversiones, 2021, p. 151-180 (co-authored with Maria Chiara Malaguti)
  • The (In)existence of a Right to the Physical Hearing in Arbitrations Seated in Italy, in Rivista dell’arbitrato, 2020, p. 709-730
  • National Report: Italy, in ICCA Does a Right to a Physical Hearing Exist in International Arbitration?, 2020 (co-authored with Benedetta Mauro)
  • From “Antagonistic” to “Empathic”: The Long-Term Contracts’ Continuum and the Role of the UNIDROIT Principles, in The Multiple Uses of the UNIDROIT Principles of International Commercial Contracts: Theory and Practice, edited by Galizzi P., Rojas Elgueta G., Veneziano A., Milan, published by Giuffrè, 2020, p. 97-123
  • The Experts, in Treatise on the Law of Arbitration, directed by Mantucci D., vol. XIII, Naples, published by Edizioni Scientifiche Italiane, 2020, p. 448-474 (co-authored with Niccolò Landi).
  • The Paradoxical Relationship between “Foreign Direct Investment Screening” and International Investment Law: What Role for Investor-State Arbitration?, in Kluwer Arbitration Blog, April 30, 2020 (co-authored with Benedetta Mauro)
  • The Relationship between Domestic Provisions on “Foreign Direct Investment Screening” and International Investment Law, in Diritto del commercio internazionale, 2020, p. 325-341 and in Foreign Direct Investment Screening – Il controllo sugli investment esteri diretti, edited by Napolitano G., Bologna, published il Mulino, 2019, p. 175-182
  • Non Possessory Security Interests within the System of Preferences, in Processo e tecniche di attuazione dei diritti – Omaggio a Salvatore Mazzamuto a trent’anni dal convegno palermitano, edited by Grisi G., Naples, published by Jovene, 2019, p. 599-612
  • Limited Rationality and Efficiency of the Arbitral Proceedings, in Rivista dell’arbitrato, 2018, p. 633-654
  • Cognitive Mistakes and Arbitration, in La Rivista del Consiglio – Ordine Avvocati Milano, 2016/2017, p. 75-90
  • The “Special Purpose Fiduciary Contract” and the Settlor’s Asset Protection, in Osservatorio di diritto civile e commerciale, 2016, p. 521-536 and in Il negozio di destinazione fiduciaria, edited by Amadio G., Bianca M., Ciatti A., Zoppini A., Milan, published by Giuffrè, 2016, p. 75-89
  • The Quantification of Damages in Economically Abusive Relationships, in La consulenza tecnica nel giudizio arbitrale. Il danno da inadempimento contrattuale, edited by Azzali S., Rojas Elgueta G., Zoppini A., Milan, Milan, published by Giuffrè, 2016, p. 141-157
  • The Parties’ “Double Personality” and the Role of the Arbitral Tribunal, in Kluwer Arbitration Blog, May 17, 2016
  • The Legal Consequences of Corruption in International Arbitration: Towards a More Flexible Approach?, in Kluwer Arbitration Blog, January 20, 2016
  • Cognitive Failures and the Energy Market Regulation, in Contratto e impresa, 2016, p. 253-268.
  • Changing the Rules of the Game: a Variable That Should Have Been Taken into Account, interview on the newspaper ItaliaOggi on the Spalmaincentivi Decree, October 13, 2014
  • The Paradoxical Bankruptcy Discharge: Rereading the Common Law-Civil Law Relationship, in Fordham Journal of Corporate and Financial Law, 2014, p. 293-341
  • Systematic Aspects of Bankruptcy Discharge: From Entrepreneurs' Limitation of Liability to Consumers' Social Insurance, in Rivista di diritto privato, 2014, p. 261-280
  • Risk Allocation and Bankruptcy: Beyond the Distinction Between Trading and Non-Trading Debtors, in Rivista Critica del Diritto Privato, 2013, p. 465-492
  • Contract Freedom and Debtor Liability: New Perspectives, in Europa e Diritto Privato, 2012, p. 813-842
  • The Consumer Bankruptcy Discharge: Rereading the Common Law-Civil Law Relationship, in Banca, Borsa, Titoli di Credito, 2012, p. 310-350
  • Understanding Discovery in International Commercial Arbitration through “Behavioral Law and Economics”: A Journey Inside the Minds of Parties and Arbitrators, in 16 Harvard Negotiation Law Review, 2011, p. 165-191
  • Divergences and Convergences of Common Law and Civil Law Traditions on Asset Partitioning: A Functional Analysis, in 12 University of Pennsylvania Journal of Business Law, 2010, p. 517-554.
  • Stories of Broken Authors and Literary Failures, in Materiali per una Storia della Cultura Giuridica, 2007, p. 289-312 (co-authored with Vincenzo Zeno-Zencovich)
  • The Relation between Article 2645 ter and Article 2740 of the Italian Civil Code: an Economic Analysis of the New Italian Law
  • of Trust, in Banca, Borsa e Titoli di Credito, 2007, p. 185-216 and in I Quaderni della Fondazione Italiana per il Notariato, Il Sole24ore, 2007, p. 66-79
  • Evolution of Insurance Law and its Relation with Inheritance Law, in Rivista di Diritto Civile, 2005, II, p. 413-445
  • Marital Property Law and Insurance Contracts, in Rivista Trimestrale di Diritto e Procedura Civile, 2005, p. 1267-1284

Commentaries

  • Comment on Article 2468 of the Italian Civil Code, The Community Property of Limited Liability Companies, in Commentario S.r.l. Dedicato a Giuseppe Portale, edited by Dolemetta A. and Presti G., Milan, published by Giuffrè, 2011, p. 307-317 (co-authored with Andrea Zoppini)
  • Comment on Articles 2447 bis-2447 decies of the Italian Civil Code (which regulate Corporate Asset Partitioning), in Codice Civile Annotato, edited by Perlingieri P., Naples-Bologna, published by Esi-Zanichelli, 2010, p. 1996-2027 (co-authored with Andrea Zoppini)
  • Insurance Contract, in Manuale di Diritto Civile e Commerciale, edited by Lipari N. and Rescigno P., Milan, published by Giuffrè, 2009
  • Comment on Articles 565-580 of the Italian Civil Code (Intestate Succession), in Codice Civile Commentato, edited by Alpa G. and Mariconda V., Milan, published by Ipsoa, 2nd ed., 2009, p. 1519-1552

Translations

  • The ICCA Reports No. 9: Guidelines on Standards of Practice in International Arbitration (Italian translation), The Hague, published by International Council for Commercial Arbitration (ICCA), 2026 (co-authored with Benedetta Mauro).
* All the publications listed here are in Italian except for: the books The Economic Foundation of Debtor-Creditor Relations and The Multiple Uses of the UNIDROIT Principles of International Commercial Contracts: Theory and Practice; the national report in the ICCA project Does a Right to a Physical Hearing Exist in International Arbitration?; the chapters in the books Does a Right to a Physical Hearing Exist in International Arbitration? The ICCA Report No. 10, The European Convention on Human Rights and its Impact on Private Law: Italo-German Perspectives, The Psychology of the Arbitration Hearing and The Multiple Uses of the UNIDROIT Principles of International Commercial Contracts: Theory and Practice; the articles in the Harvard Negotiation Law Review, the University of Pennsylvania Journal of Business Law, the Fordham Journal of Corporate and Financial Law and the Roma Tre Law Review; the posts on the Kluwer Arbitration Blog (all in English); and the article in Arbitraje: Revista de arbitraje comercial y de inversiones (in Spanish).

Admissions

  • Italy, 2004
  • New York, 2010
  • Italian Supreme Court, 2019

Education

  • University of Pennsylvania Carey Law School, SJD, 2014
  • University of Pennsylvania Carey Law School, LLM (Distinction), 2008
  • Roma Tre University Law School, PhD, 2005
  • Roma Tre University Law School, J.D. equivalent summa cum laude, Diploma di Laurea in Giurisprudenza

Languages

  • Italian - Native
  • English - Fluent
  • Spanish - Fluent

Memberships

  • International Council for Commercial Arbitration (ICCA)
  • Italian Association for Arbitration (AIA)
  • American Bar Association (ABA)
  • New York State Bar Association (NYSBA)
  • Associazione Italiana di Diritto Comparato (AIDC)
  • Unione dei Privatisti (UPI)
  • Italian Forum for Arbitration and ADR (ArbIt)

Withers History

  • Joined 2026

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