LITIGATION

The experience and training of our team in highly complex litigation, and the deep knowledge of the most sensitive aspects of Mergers and Acquisitions, Corporate Finance, Banking and Business Restructuring, make us leaders in the Peruvian legal market. We offer comprehensive and personalized advice to our clients, to achieve the best results in sophisticated disputes.

The lawyers of our litigation practice have sponsored, in numerous cases, public, private, national and foreign companies, from various economic sectors such as financial, telecommunications, infrastructure, construction, insurance and reinsurance, mining and hydrocarbons, among others, obtaining successful results in judicial processes of diverse matters. The team has extensive knowledge of procedural law and legal argumentation, as well as several years of experience litigating before different judicial instances and the highest-ranking courts in our country such as the Supreme Court of Justice and the Constitutional Court.

In addition, our trial lawyers intervene from the beginning of the controversy, coordinating permanently with other specialized areas of our Firm, which is highly valued by our clients. This joint work allows us to provide a strategic approach to manage the possible conflict, in order to prevent the initiation of legal actions, or if applicable, develop a solid defense strategy.

The litigation team mainly participates in:

Pre-judicial advice to analyze the best alternative for conflict resolution or the defense strategy for our client.

Procedures for extrajudicial conciliation, negotiations and/or transactions.

Sponsorship in judicial processes of various matters such as contractual, civil, corporate, regulatory, administrative, labor, tax and constitutional.

Preparation of legal opinions to evaluate the position of our clients in possible controversies or pending litigation.

HIGHLIGHTS

Controversies in civil and corporate matters

 

  • Sponsorship of a fishing company in a civil proceeding related to the nullity of a contract for the sale of a fishing processing plant. The result was successful for our client.
  • Sponsorship of an agro-industrial company of an important economic group in Peru, in a compensation process initiated by another agro-industrial company, derived from disputes over agricultural land. The amount claimed is US$ 8,000,000.

Controversies in regulatory – financial matters

 

  • Sponsorship of a company that belongs to an important business group, in an administrative process against the SMV for issues related to the rules that regulate Public Acquisition Offers, resulting from the acquisition of shares in an agro-industrial company.

    Controversies in constitutional matters

      • Sponsorship of an important telecommunications company in two protection proceedings initiated by the workers’ unions in which they claimed participation in the company’s profits for an amount greater than S/20,000,000. The rseult was successful for our client.
      • Sponsorship of a fishing company in a habeas data process initiated by another fishing company in order for the Ministry of Production to provide information about our client’s fishmeal and fish oil production. The result was successful for our client, as the request was rejected, since the information was private in nature.
      • Sponsorship of an American bank in the competition process initiated by the Central Bank of Peru against the Superintendence of Banking, Insurance and AFP (SBS), to declare the nullity of the administrative resolution of the SBS that authorized said bank to transform its Peruvian branch into a national bank. The process was successfully completed.

      Controversies in tax matters

        • Sponsorship of a leading telecommunications company in Peru, in an administrative process initiated by SUNAT to challenge the decision of the Tax Court that recognized in favor of our client a compensation of tax losses for an approximate amount of USD 30,000,000.
        • Sponsorship of a Chilean telecommunications company, in an administrative process related to the challenge of objections formulated to a request for the recovery of capital invested in a Peruvian company, for an approximate amount of S/2,000,000,000
        • Sponsorship of a leading insurance company in the Peruvian market, in an administrative process related to the challenge of objections regarding income tax and with the collection of default interest calculated outside the legal deadlines established in the tax administrative procedure.
        • Sponsorship of a leading telecommunications company in the Peruvian market, in administrative tax proceedings related to the challenge of objections regarding income tax, for an amount greater than USD 2,000,000,000.
        • Sponsorship of a leading telecommunications company in the Peruvian market, in a constitutional protection process related to the collection of default interest calculated outside the legal deadlines provided for in a tax administrative procedure, for an approximate amount of S/700,000,000.

        Controversies in bankruptcy and market issues

         

        • Sponsorship of a state entity in an administrative procedure initiated by an agro-industrial company against an INDECOPI resolution that declared its bankruptcy. The process was successfully concluded with the payment of his credit of approximately S/ 8,000,000.
        • Sponsorship of an industrial company in an administrative process initiated against INDECOPI for issues related to free competition in the salt market. 

          Controversies for administrative sanctions

           

          • Successful sponsorship of a fishing company in two administrative proceedings initiated against the Ministry of Production for improperly imposed fines.
          • Sponsorship of a railway consortium in an administrative process related to sanctions imposed by the Supervisory Agency for Investment in Public Use Transport Infrastructure – OSITRAN, derived from the alleged breach of a railway transport concession contract.

                  Related Practices

                  Arbitration

                  Projects and Infrastructure