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Ben Dominic R. Yap

Partner, Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law)

Ateneo de Manila University School of Law, Juris Doctor (Class of 1997, class salutatorian and recipient of Evelio Javier Leadership Award);
Ateneo de Manila University, Bachelor of Science in Management, Major in Legal Management (Class of 1993);
Admitted to the Philippine Bar in 1998

T +632 894 0377 to 79
E bdryap@cagatlaw.com

Ben is a founding partner of C&G Law.

Ben specialises in litigation and arbitration, but also has experience in corporate and commercial transaction work in the energy sector. 

Ben’s corporate and commercial work earned him citations as a leading Philippine lawyer in the corporate/commercial field by Chambers Asia-Pacific in its 2012 to 2014 editions. 

On the other hand, Ben’s litigation and arbitration experience led him to be named by AsiaLaw as a leading Philippine lawyer in dispute resolution and arbitration in 2015 and 2016, and by Chambers & Partners as a leading Philippine lawyer in dispute resolution: arbitration in its 2015 and 2016 Asia-Pacific publications. More recently, he was also named by the Global Arbitration Review and by Who’s Who Legal as being among the world’s leading arbitration specialists (from the Philippines) and will be featured in the first edition of Who’s Who Legal: Arbitration – Future Leaders in 2017, one of only 3 Philippines-based lawyers to earn this distinction.

Prior to founding C&G Law in February 2007, Ben was a junior associate (from 1998 to 2003) and senior associate (from 2003 until 2007) at SyCip Salazar Hernandez & Gatmaitan. 

Experience

Litigation & Arbitration

  • Has appeared and argued before Philippine courts and quasi-judicial bodies of all levels. Ben has handled and tried a broad range of cases involving contract disputes, corporate restructuring and rehabilitation, debt recovery, enforcement of foreign judgements and arbitral awards, infrastructure and engineering disputes, intra-corporate controversies, product liability and tort. 
 
  • Headed the firm’s team that acted as Philippine counsel for a leading Philippine geothermal power generation company in a multi-million dollar arbitration before the International Chamber of Commerce (“ICC”) involving disputes with its turnkey contractor. The dispute was eventually settled to the satisfaction of the client. The arbitration was seated in Singapore.
  • Headed the firm’s team that acted as Philippine counsel for a leading Philippine geothermal power generation company in a multi-million dollar ICC arbitration (including emergency arbitrator proceedings) and related court proceedings in the Philippines, Singapore and England against one of its contractors. The dispute was eventually settled to the satisfaction of the client. The arbitration was seated in Singapore. 
  • Acted as an ICC-appointed neutral Expert (on Philippine law) in an ICC arbitration involving an American company and a Philippine company. The arbitration was seated in Manila.
  • Headed the firm’s team that acted as Philippine counsel for two Philippine solar industry companies in the successful prosecution of a multi-million dollar ICC arbitration against their American counterparty. The arbitration was seated in Hong Kong. 
  • Headed the firm’s team that acted as Philippine counsel for two Philippine solar industry companies in the successful prosecution of a multi-million dollar ICC arbitration against their Korean counterparty. The arbitration was seated in Hong Kong. 
  • Headed the firm’s team in an ICC arbitration involving a leading Philippine power generation company and two major multinational oil companies. The disputes were eventually settled to the satisfaction of the client. The arbitration was seated in Hong Kong.
  • Assisted a leading Philippine hydro-energy company in an ICC arbitration and several court proceedings against its turnkey contractor.
  • Acted as secretary to an arbitral tribunal chaired by former Philippine Supreme Court Justice and World Trade Organization appellate body Chairman Florentino P. Feliciano. Ben was responsible for the administration of the arbitration proceedings and drafted various orders and the final award for the tribunal.

Corporate & Commercial

  • Assisted Energy Development Corporation with its construction, relocation and electro-mechanical contracts in connection with the relocation of a 49.4-MW geothermal plant from one location to another in Negros, Philippines.
  • Part of the team that advised Therma South, Inc. on the financing, construction and regulatory approvals of a 300-MW coal-fired plant in Davao, Philippines.
  • Assisted Therma Luzon, Inc. with the fuel supply requirements of a 735-MW coal-fired plant in Pagbilao, Philippines.
  • Part of the team that advised Redondo Peninsula Energy, Inc. on the fuel supply requirements of a 600-MW coal-fired plant in Zambales, Philippines.
  • Part of the team that advised Team Orion (an Ayala-Aboitiz consortium) on its bid for the financing, design, construction, operation, and maintenance of the CALA Expressway Project. Co-led the team that acted for Team Orion in proceedings before the Philippines’ Office of the President in relation to disputes arising out of this project.   
  • Part of the team that advised AAA Airport Partners, the consortium of A2 Airport Partners, Inc. (an Ayala-Aboitiz company) and ADC & HAS Airports Worldwide, Inc., in relation to its bid for the Mactan Cebu International Airport Project.
 Publications
  • Co-authored the Philippine chapter of Chambers’ Global Practice Guide: International Arbitration 2016 published by Chambers & Partners of the UK in 2015.
  • Co-authored the Philippine chapter of The Dispute Resolution Review, 5th Ed. published by the Law Business Research Ltd of the UK in 2013.
  • Co-authored several articles on doing business in the Philippines and dispute resolution that were published by the International Financial Law Review in 2011 and 2012.
  • Co-authored several articles on doing business and dispute resolution published by the American Bar Association in 2005, 2006 and 2010.