Image of Borja Fernandez de Troconiz

Borja Fernandez de Troconiz

Litigation, Arbitration and Investigations Partner, Madrid

"I help my clients to succeed in complex, high stakes disputes and distressed or insolvency situations in the most expedite manner. In order to achieve that I endeavour to understand the client’s strategic goals and to protect its economic and institutional interests. I consider myself to have a practical and “can do” approach."

Overview

Education

Overview

Borja is a partner and the head of the Litigation, Arbitration, & Investigations (LA&I) department in Madrid.  
 
Borja has broad experience advising corporates and financial  sponsors and institutions on a wide range of litigation matters  before national courts and arbitration tribunals (ICSID, ICC, CEA, CAM), including bank litigation, commercial disputes and insolvencies. He is a State Attorney (Abogado del Estado) since 2000 and was head of legal in Barclays Bank, S.A. He has also 12 years' experience as a university professor at the Universidad Complutense of Madrid. 
 

Borja is member of the Spanish Arbitration Club (CEA), included in the list of arbitrators of the Spanish Court of Arbitration. He is also member of Turnaround Management Association (global organization dedicated to turnaround management, corporate restructuring, and distressed 
investing). 

Borja is ranked by Chambers as a leading individual in dispute resolution. Clients describe him as “client-friendly, thoughtful and diligent”, emphasizing his excellence and noting that he is “responsive and proactive in working out solutions to problems”. Market sources also say “he’s very commercial and has the ability to think globally” and they acknowledge his expertise, stating "he's very technical: he really studies the deal."  

Work Highlights

Borja’s prior experience includes: 

  • Advising a global alternative investment manager specializing in private equity, private credit and real estate (and the rest of the sellers) on the arbitration proceedings started by a industry-leading provider of Credit Management Services in relation to the 2016 sale of a special servicer to the industry-leading provider of Credit Management Services.  
  • Advising a North American country on the investment arbitration proceedings started by a center specialized in the sale and distribution of spare parts and accessories in Spain.  
  • Advising a major Spanish energy company, in a USD510m ICSID arbitration against Peru under the Peru-Spain bilateral investment treaty in relation to the termination of the concession of a major pipeline. 
  • Advising a multinational network of sports channels in  the context of a c.€89m civil lawsuit filed by a sports association in March 2023. 
  • Advising a leading global investment firm in relation to a dispute arising with a operator of dental clinics in Europe. We are representing this leading global investment firm in (i) the operator of dental clinics' insolvency proceedings, (ii) the interim measures filed by this operator against the firm; and (iii) the main claim filed by the operator against the firm in relation to the termination by the firm of the Investment Shareholders Agreement between, among others, the operator and the firm. By way of the Investment Shareholders Agreement, the firm agreed to introduce €45m and, in exchange, all the debt held by the firm (€160m) would be capitalised and the firm would become the main 
    shareholder with a 95% stake. 
  • Advising a multinational universal bank and financial services holding company in two derivatives litigation cases amounting to more than €150m in total that are currently the biggest ones for the bank in Spain. They involved high profile clients that are among the biggest players in their sectors in Spain. 
  • Advising a Spanish multinational company in the green infrastructure, energy and water sectors on its debt restructuring in 2016 and 2018. This included acting as expert in Spanish Insolvency Law before US Courts. 
  • Advising an American multinational investment banking division and a global investment firm, on the restructuring of a portfolio of loans with a nominal value of about €400m from a Spanish financial entity. This entailed dealing with more than 10 insolvency proceedings. 
  • Advising the senior lenders in relation to sports association insolvency (corporate headquarters) proceeding.  
  • Advising a global alternative investment manager in connection with two real estate company insolvencies. Both real estate companies were the main shareholders of one of the largest real estate companies in Europe. 

Education

Borja Fernández de Trocóniz holds a double degree in Law (1996) and Business Administration (1997) from ICADE, Madrid.