Daniel E. Vielleville, Esq. |  |
A dual Venezuelan-U.S. attorney, Daniel E. Vielleville graduated from Universidad Católica Andrés Bello in Caracas in 1994. Following a masters degree in law at the University of Georgia, he practiced law in Caracas with Baker & McKenzie for several years. He gained a J.D. from University of Miami School of Law and was admitted to practice law in New York and Florida in 2003 and 2004, respectively. Prior to joining Assouline & Berlowe as a partner, he was associate with Greenberg Traurig in Miami and Counsel at the Washington, D.C. office of Crowell & Moring.
Mr. Vielleville has significant experience in international arbitration, transnational litigation, and international finance and trade including investor-state and commercial arbitration, complex jurisdictional disputes concerning common law as well as civil law systems, dispute resolution methodologies and procedures, sovereign immunity issues, act of state disputes, asset tracing, and cross-border interim relief. He has represented a number of sovereign governments together with geopolitical subdivisions and state instrumentalities. He has also been appointed as expert on Venezuelan law in several arbitration and civil proceedings. He has also negotiated complex international transactions in fields such as maritime transportation, finance, mining, energy, and oil and gas.
His more notable representations include U.S. counsel on behalf of the Republic of Chile in the case against former Chilean President Augusto Pinochet. Daniel has also served as US counsel for the Republic of Chile, Corporación de Fomento de la Producción (CORFO), with respect to a massive sercurities fraud committed in that country. Both representations included the filing of numerous petitions for judicial assistance under 28 U.S.C. § 1782. He has also represented numerous corporations, States, and soveriegn entities in arbitration proceedings before ICSID, ICC, ICDR, AAA and ad hoc tribunals.
While in Venezuela, Daniel was involved with many issues related to maritime law, energy, oil and gas, finance, and international commerce related to Venezuela. There, Daniel represented the IOPF Fund in managing the claims related tto the Marcaibo Lake oil spill caused by the oil tanker Nissos Amorgos. He was also editor of the sub-committee which drafted the current Maritime Act of Venezuela.
Daniel is a Professor of Law at Universidad Central of Venezuela, where he lectures the course arbitration against state-owned enitities. He also lectured on Law of the Sea and Maritime Law. He publishes and lectures on several topics of international arbitration and litigation. He is also Regional Editor (Andrean countries) for the Florida Bar's The Internaional Law Quarterly.
Daniel's working languages are English and Spanish. He is also conversant in Portuguese.
Areas of Practice
- International Arbitration of Commercial, Construction, Real Estate and Investment Disputes
- International Litigation
- Commercial and Business Litigation
- Admiralty
- International Law
- Latin America
Representative Experience
International Arbitration:
- Represented hospitality services multinational company in connection with ICC proceeding with seat in London, related to dispute over management of five-star hotel in Dubai.
- Represented real estate developers in ICC arbitration with seat in Lima, in connection with the construction of a five-star hotel in Lima, Perú, against multinational engineering corporation.
- Represented a US telecom corporation in ICC arbitration with seat in Mexico City, in connection with breach of long distance services agreement against Ecuadorian state-owned telephone company.
- Represented a precious metals mining company in connection with CAFTA-DR arbitration proceedings against El Salvador arising out of the government's refusal to issue various environmental licenses and an exploitation concession.
- Advised cement manufacturer in connection with the protection of its investments in Honduras and potential ICSID arbitration proceedings under applicable bilateral investment treaties.
- Represented financial institution in connection with enforcement of ICSID arbitral award against the Republic of Argentina.
- Represented US telecom company in ICDR arbitration with seat in Miami, arising from the breach of a technology agreement against a Colombian corporation.
- Represented Israeli electronics multinational in ICDR arbitration with seat in Sao Paulo, in connection with dispute arising out breach of distribution agreement against multinational media group.
- Represented a leading provider of natural gas services and the largest pipeline company in North America in litigation resulting from different proceedings conducted in the Dominican Republic and a related ICC arbitration.
Litigation
- Represented the Consejo de Defensa del Estado de la República de Chile in a pre-action 28 U.S.C. 1782 proceeding to solicit discovery in aid of criminal cases filed in Chile against ex-President Augusto Pinochet.
- Represented an instrumentality from the Republic of Chile, Corporación de Fomento de la Producción ("CORFO"), in a 28 U.S.C. 1782 proceeding to solicit discovery in aid of civil and criminal cases filed in Chile.
- Represented Banco de la República de Colombia in connection with dispute against U.S. bank related to management of Colombia’s international reserves.
- Represented Venezuelan defendants in defending against parallel Florida action in favor of previously filed Venezuelan lawsuit.
- Represented a Venezuelan plaintiff in Florida litigation relating to claims for breach of contract, misrepresentation, breach of fiduciary duty, etc., in the administration of the estate of Venezuelan businessmen with assets in Florida, Venezuela, British Virgin Islands and Liechtenstein.
- Coordinated the review and settlement of claims related to the 1998 oil spill in Lake Maracaibo and rendered general advice to the IOPCF regarding Venezuelan law.
Human Rights
- Represented Haitian journalist tortured by Haitian policemen in proceeding before Inter-American Commission on Human Rights.
- Represented an incarcerated journalist from Cuba and his family in summary judgment proceedings before Federal District Court for the Southern District of Florida.
- Represented family of a Colombian intelligence officer in asylum proceeding in the United States.
Bar Admissions
- State of Florida
- State of New York
- District of Columbia
- Republic of Venezuela
- U.S. District Court Southern District of Florida
- U.S. District Court Southern District of New York
Education
University of Miami School of Law, Coral Gables, Florida, J.D., 2003
Honors: Cum Laude
University of Georgia, LL.M., 1996
Universidad Católica Andrés Bello, Abogado, 1994
Professional Associations and Memberships
- International Bar Association
- New York State Bar Association
- American Bar Association
- Member of the Latin American Group of the ICC
- Past-member USCIB's (ICC USA) YAF Steering Committee
- Club Español del Arbitraje – Secretary of the Florida Chapter
- Miami International Arbitration Society
- Gertrude Ryan Law Observatory (GRLO)
Recognitions
- Listed in Florida's Legal Elite 2007, 2011
- Listed in Florida's Super Lawyers 2011, 2012
Publications
- Co-author, "Taking Evidence in International Arbitration: The New IBA Rules," International Law Quarterly, Florida Bar, Vol. XXV, No. 4 (2011)
- Case Law Contributor (Venezuela), in Kronke, Nacimiento et al. (eds), Recognition and Enforcement of Foreign Arbitral Awards: A Global Commentary on the New York Convention (Kluwer Law International, 2010)
- “Nulidad de Contrato y Nulidad de Cláusula Compromisoria”, Revista de la Facultad de Ciencias Jurídicas y Políticas de la Universidad Monteavila, Vol. 9, Caracas, 2010.
- “The Venezuela court’s denial of interim relief in aid of arbitration out of (misplaced) deference to the arbitral tribunal”, IBA Arbitration News, Vol. 15, No. 2, September 2010.
- “Recent Arbitration Developments in Venezuela,” AAA Dispute Resolution Journal, February - April 2010.
- “Sovereignty Over Natural Resources Versus Rights Under Investment Contracts: Which One Prevails?,” Transnational Dispute Management, Vol. 5, Issue 2 (April 2008).
- “Recientes desarrollos del arbitraje internacional en los Estados Unidos con partes latinoamericanas,” Revista del Club Español del Arbitraje, No. 1, 2008.
- Book “Hacia Unificación del Derecho Procesal Internacional,” Thomson/Aranzadi, Madrid, 2006.
- Mentioned, “CDE Describió Dineros de Pinochet en Miami,” La Nación, September 29, 2005.
- Mentioned, “Ministro Sergio Muñoz Embarga Bienes y Activos de Pinochet en EE.UU.,” La Nación, September 28, 2005.
- “Arbitration in Latin America: From Novelty to Reality,” International Chamber of Commerce Handbook, 2005.
- “Resarcir los daños ecológicos,” Economía Hoy, October 8, 1998.
- “Compensation for oil pollution,” The Daily Journal, October 8, 1998.
- “La desmaterialización de los títulos valores,” Economía Hoy, July 15, 1998.
- “Hot topic in maritime law: Port state control,” The Daily Journal, January 22, 1998.
- “Venezuelan Financial System,” Inter-American Trade Report, 1998.
- “Venezuela y la unificación del Derecho Marítimo Internacional,” Economía Hoy, November 12, 1997.
- “Venezuela and uniform international Maritime Law,” The Daily Journal, October 18, 1997.
- “Navigational safety and the law,” The Daily Journal, October 2, 1997.
- “Escogencia de la Ley Aplicable en el Derecho Marítimo Estadounidense y el Sistema Venezolano,” Anuario de Derecho Marítimo, Barcelona, España, 1997.
Presentations and Interviews
- Panelist, Seminar “La prueba en el arbitraje comercial internacional”, Universidad de Buenos Aires, September 2011.
- Speaker, 10th Annual International LItigation and Arbitration Conference, Session "The Next Generation of Investor-State Arbitration: A Review of the Logical Steps", Febraury 2012.
- Panelist, ICC YAF Lima Event's "Corruption in Investment Arbitration," December 2011.
- Faculty, Arbitration Center of the Chamber of Commerce of Lima's Commercial Arbitration Program, December, 2011.
- Panelist, Florida INternational University's "A Closer Look Beyond ICSID: Investment Arbitration Outside of the Realm of Bilateral," November 2011.
- Panelist, Florida International Unversity's International Arbitration Summit, March 2010
- Panelist, “Recent Developments in Arbitration – North America Focus,” ICDR International Arbitration Conference, Bogotá, Colombia, November 2009.
- Panelist, “Recent Developments in Arbitration – North America Focus,” ICDR International Arbitration Conference, Lima, Perú, November 2009.
- Expositor, “Experiencias Prácticas en Arbitrajes de Culturas Mixtas,” Arbitration Committee of the Venezuelan-American Chamber of Commerce, Caracas, Venezuela, October 2009.
- Panelist, “Las nacionalizaciones en Venezuela”, Foro sobre Arbitraje de inversiones, UNAM, Mexico City, September 2009.
- Expositor, “El Uso Defensivo de Laudos Arbitrales”, Comité de Arbitraje de la Barra Mexicana, Mexico City, July 2009.
- Internacional Law Institute (ILI) faculty on Arbitration Seminar, Washington, DC, April 2009.
- Panelist, “Internation Commercial Arbitration in Latinoamerica: The ICC Perspective,” Annual Conference, Miami, November 2008.
- Panelist, “Dispute Resolution in the International Oil & Gas Industry,” ICDR and AIPN Conference, Rio de Janeiro, October 2008.
- Guest, “Boumediene v. Bush,” Foro Interamericano Programa de la Voz de América, June 2008.
- Moderator, “International Arbitration in the Americas,” ICDR 6th Annual Miami International Arbitration Conference, Miami April 2008.
- Guest, Oppenheimer Presenta TV Program, “Crimen y Globalización,” January 2006.
- Panelist, “Seventh Annual International Money Laundering Conference and Exhibition,” Mexico City, August 2006.
Notable Reported Cases
- Saludes v. Republica de Cuba, 577 F. Supp. 2d 1243 (S.D. Fla. 2008).
- In re Clerici, 481 F.3d 1324 (11th Cir. 2007).
Other Academic Activities
- Professor of International Arbitration, Universidad Central de Venezuela, Caracas.
- Coach of University of Miami's student teams competing at Goethe University's Investor-State arbitration.
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Daniel E. Vielleville, Esq.
Partner
Assouline & Berlowe, P.A.
3250 Mary Street
Suite 100
Miami, Florida 33133
dev@assoulineberlowe.com
phone: 305-567-5576
fax: 305-567-9343
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