ARBITRATION

The Rebaza, Alcázar & De las Casas arbitration team has extensive training and experience in national and international arbitration, which has allowed it to obtain very satisfactory results for its clients. The arbitration practice has a bilingual professional team highly experienced in controversies in the most diverse economic sectors such as hydrocarbons, energy, financial, insurance and reinsurance, construction, telecommunications, mining, state contracts, complex contractual issues and corporate disputes (derived from M&A operations, mergers and acquisitions, joint ventures, shareholder agreements and corporate conflicts). Likewise, the practice includes not only sponsoring domestic and international arbitrations, but also pre-arbitration counseling in corporate crisis situations in which team members have vast experience.

In the international arbitration framework, our practice has extensive experience in both commercial and investment arbitrations, having formed legal teams with several of the most prestigious arbitration practices in the world. In addition, members of our team have also acted as Peruvian law experts in international arbitrations.

The members of our team have participated in arbitrations under the rules of the International Center for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution of the American Arbitration Association (ICDR), the Madrid Court of Arbitration (CAM), the Lima Chamber of Commerce (CCL), the Arbitration Court of the American Chamber of Commerce of Peru (AMCHAM) and the Center for Analysis and Conflict Resolution of the PUCP. Likewise, they have participated in international arbitrations with the most diverse venues such as Lima, New York, Miami, Madrid, Paris, Geneva, Santiago de Chile and Montevideo. Additionally, they have experience in emergency arbitration procedures, dispute boards, annulment appeals and international mediations.

The team participates in:

  • Domestic and international arbitrations;
  • Jurisdictional procedures related to arbitration such as requests for precautionary measures, annulment remedies, and recognition and enforcement of foreign awards in Peru;
  • Alternative dispute resolution (ADR) procedures such as negotiations and mediations;
  • Pre-arbitration counseling to prevent initiation of legal actions or, if arbitration is unavoidable, to establish a solid position before its beginning.

HIGHLIGHTS

We represented a cement consortium in an international arbitration administered by the Inter-American Commercial Arbitration Commission, in which it was disputed whether the sale of shares of a company to the consortium was made respecting the shareholders’ right of first refusal. The amount in dispute was USD 75’000,000.00.

Our advice was successful, as we were able to exclude our client from the arbitration.

We represented a company in an international arbitration administered by the Arbitration Center of the International Chamber of Commerce. The arbitration arose out of an alleged breach of reps and warranties for a sale of shares. The amount in dispute was USD 60’000,000.00. The result was favorable for our client.

We are representing PerúPetro S.A. in an international arbitration administered by the Arbitration Center of the International Chamber of Commerce – ICC and initiated against PlusPetrol Norte S.A. and it’s South Korean consortium partners, as well as their corporate guarantors. The dispute is related to the illegal termination of the licence agreement celebrated to carry out hydrocarbon explotation and exploitation activities of Block 8, which is based in Peru’s western Loreto province. The amount in dispute is USD 55’000,000.00.

Within the framework of the arbitration, the Peruvian Judiciary has granted our client an injuction to preserve the validity of the contract and prevent PlusPetrol Norte S.A. from entering liquidation until the arbitration has concluded.

We represented a important fishing company in an institutional arbitration related to the enforcement of Venture and SPA agreements celebrated for the construction of a fish protein concentrate plant, the second of its kind worldwide. The amount in dispute was USD 80’000,000.00. The result was favorable for our client.

We are representing a development bank in an institutional arbitration, initiated by a state-owned company and related to the exclusion of certain obligations assumed by the parties in a trust agreement. The amount in dispute is PEN 400’000,000.00.

We represented a development bank in an institutional arbitration against several defendants seeking the execution of a trust, related to an important agricultural project. The amount in dispute was USD 95’000,000.00. The process concluded with a favorable result for our client.

We also advised the entity in the process of annulment of award initiated by the defendants. The result was also favorable for our client. Likewise, we are currently advising said client in the process of enforcement of award.

We represented a company member of an important economic group dedicated to the purchase and sale and production of raw materials in an institutional arbitration related to the alleged breach of obligations arising from a contract for the purchase and sale of electromechanical equipment. The amount in dispute was USD 5’000,000.00. The result was favorable for our client.

We represented an important mining company in an institutional arbitration related to an alleged breach of a contract for the construction of an ore processing plant. The amount in dispute was USD 10’000,000.00. The result was favorable for our client.

We successfully represented a company in an international arbitration, administered by the Arbitration Center of the American Chamber of Commerce – AmCham Peru and related to a complex sale transaction of a power generation company. The amount in dispute was USD 1’000,000.00. The process concluded with a favorable transaction for our client.

We represented an English investment fund in an institutional arbitration related to the breach of a contract for the financing of an agricultural project. The amount in dispute was USD 8’000,000.00. The process concluded favorably for our client.

We are currently representing the same client in the respective process of enforcement of award.

We represent a company that owns one of the main shopping centers in Peru in two arbitrations initiated against a private company and related to the payment of the anual compensations discounted by virtue of the surface right of the shopping center. The amount in dispute is USD 35’000,000.00.

Related Practices

Projects and Infrastructure

Corporate Litigation