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A R B I T R A T I O NPRACTICE
A R B I T R A T I O N
Outstandingindependentfirms thatseamlesslywork as one.
Since its creation in 2004, Affinitas represents the joint effort of four independent and leading law firms in the countries of the Pacific Alliance : Mexico (Mijares, Angoitia, Cortés and Fuentes), Colombia (Gómez-Pinzón), Peru (Miranda & Amado) and Chile (Barros & Errázuriz).
Every firm is considered a market leader in each of the jurisdictions in which they operate. Affinitas offers its clients impeccable, integrated, first-rate legal services under the same ethical and quality standards throughout the region by outstanding independent firms that work as one.
OUR PRACTICE AREASAdministrative & ConstitutionalAntitrust & CompetitionArbitration & Dispute ResolutionAviationBanking and FinanceCapital MarketsCorporate / Mergers & AcquisitionsCustoms & International TradeEnergyEnvironmentInfrastructure
Insolvency & RestructuringInsuranceIntellectual PropertyLaborMiningPrivacy and Data ProtectionPro BonoSports & EntertainmentReal Estate & HospitalityTaxTechnology, Media & Telecommunications
CHILE COLOMBIA MEXICO PERU
DESDE 1992
Barros & Errázuriz is among the most important law firms in Chile thanks to its permanent and sustained growth over time, as well as the prestige and quality of its professionals. It provides comprehensive legal advice by a team of lawyers specialized in different areas of law. At a national level, it is considered a leading law firm in the areas of Capital Markets, Mergers and Acquisitions, Tax Planning, Financing, Energy, Real Estate Development, Environment, Telecommunications and Infrastructure, as well as in the areas of Dispute Resolution and Antitrust.
www.bye.cl
DESDE 1992
Mijares, Angoitia, Cortés y Fuentes, S.C. (“MACF”) was founded in Mexico City in 1994, integrated by a team of the highest qualified lawyers, focused in providing professional legal services with the highest quality to meet its clients’ business needs. Nowadays, MACF is a leading firm in the Mexican market, profoundly engaged in quality and responsiveness; it has established itself as one of the most prominent Mexican law firms and therefore it is recognized as one of the best firms in many practice areas.
www.macf.com.mx
Gómez-Pinzón Abogados is a law firm that provides multiple services in the different areas of law. It has been recognized by its clients and international publications as leader in Colombia in these areas. Our cross-border capabilities and the ability to combine true multidisciplinary teams, integrated by the leaders of the mentioned practices and recognized experts in Tax, Corporate, Industrial Property, Competition Law, Intellectual Property, Administrative and Constitutional Law, Infrastructure, Labor Legislation and Natural Resources, makes us the first choice for complex transactions and disputes.
www.gomezpinzon.com
Miranda & Amado is one of Peru's leading law firms. Based in Lima, the firm - composed of over 100 lawyers - provides comprehensive legal advice of the highest quality without losing its specialized focus. Its lawyers constantly participate in multidisciplinary teams to solve the most demanding problems throughout abroad range of industries, providing original and efficient solutions to highly sophisticated matters at a local and global level. The firm also stands out for having participated in many of the most innovative and "first-of-its-kind" transactions in Peru.
www.mafirma.pe
A market with plenty of business
opportunities
Latin America, endowed with vast natural resources and a growing population, offers enormous growth potential.
The countries of the Pacific Alliance are amongst the most vibrant and thriving economies in the continent, offering exciting business and investment opportunities in a new regional context.
The need for new transport, energy, health and telecoms infrastructure creates interesting investment opportunities for international equity investors, pension funds, commercial banks and non-bank lenders.
The Affinitas alliance gives an edge to international clients entering a region where navigating the institutional and regulatory landscape is key to the success of their business ventures.
Our team offers an integrated platform for international arbitration and alternative dispute resolution, leveraging their deep knowledge of individual markets in the region.
Our strong regional footprint is relevant to corporate clients, financial institutions and global law firms active in the region, in particular for the “Multilatinas” with regional presence or expansion plans.
AFFINITASYour Gateway to Latin America
ACCESS TO A REGIONAL PLATFORM FOR INTERNATIONAL ARBITRATION We provide advice and representation in all types of litigation and legal proceedings, as well as in national and international arbitration. We have extensive experience in complex regulatory disputes in various industry sectors, such as energy, telecommunications, natural resources, real estate, financial services, etc.
We are also leading the field in international arbitration, having participated in many of the largest recent cases in the market. We are aware that on several occasions, the best solution to our clients' problems lies in a comprehensive, efficient and short-term solution.
Therefore, at all times we seek to reconcile the interests of the client using alternative means for dispute resolution, such as Mediation and Arbitration. These alternatives, in the majority of sophisticated national and international commercial transactions, are a proven method for saving time and resources; and they translate into economic savings and the preservation of the company's relations with its clients and suppliers. Our lawyers have thus acquired ample experience in foreign jurisdictions and national arbitral institutions, in which some of our lawyers act as participating members.
Advising several companies owned by Guillermo Harding, minority shareholder of SOCOFAR, an important pharmaceutical company in Chile, in an arbitration initiated by its partner FEMSA, a leading company in the beverage industry through Coca-Cola FEMSA, for damages for breach of representations and warranties in a Share Purchase Agreement, through which FEMSA acquired 60% of Guillermo Harding's shares in SOCOFAR. (Barros & Errázuriz)
Advising Empresa Constructora Belfi S.A. in arbitration proceedings before the International Court of Commerce regarding the construction of maritime facilities for a new LNG regasification terminal located in Quinteros, Chile. (Barros & Errázuriz)
Advising the Casa Saba Group in an international arbitration claim for representations and warrants in the purchase of Fasa. (Barros & Errázuriz)
Advising Friosur, one of the largest fishing companies in the world, in an arbitration proceeding in which our client (GrupoFriosur) claimed the termination and liquidation of an agreement with Emdepes (Grupo Nissui) called "Convenio de Actuación Conjunta en Pesquerías Compartidas de la Pesquería Demersal Sur Austral" relating to certain fishing quotas on a range of species and areas located in southern Chile. (Barros & Errázuriz)
Advising the Cartagena Refinery in six (6) arbitration proceedings with an accumulated amount of USD30 million related to the construction, pre-commissioning and commissioning of the refinery expansion project. The seat of the proceedings is Bogotá, Colombia, and the applicable regulation Law 1563 of 2012. (Gómez-Pinzón)
Advising the National Agency of Hydrocarbons in an arbitration proceeding with claims of more than USD200 million against Petrominerales LTD for wilfull profits (precios altos) in an Exploration and Production contract. The seat for the proceeding is Bogotá, Colombia, and the applicable regulations are Decree 1818 of 1998. (Gómez-Pinzón)
Advising a private equity fund in arbitration proceedings initiated on the basis of a contract for the purchase and sale of shares and documents ancillary to the transaction. The seat of the proceedings is Bogotá, Colombia and the applicable ICC Rules of Procedure. (Gómez-Pinzón)
Advising Agrupación Guinovart Hispania in an arbitration proceeding based on a construction contract FIDIC - Red Book - against a public entity with claims of approximately USD20 million. The venue for the proceeding is Medellín, Colombia, and the rules applicable are those of the Arbitration Court of the Medellín Chamber of Commerce for Antioquia. (Gómez-Pinzón)
Advising General Motors in two arbitration proceedings initiated by two concessionaires, in excess of USD70 million. The venue for the proceedings was Bogotá, Colombia, and the applicable regulations were Decree 1818 of 1998 (first proceeding), Law 1563 of 2012 and the Rules of the Arbitration Court of the Bogotá Chamber of Commerce. (Gómez-Pinzón)
CHILE COLOMBIA
SINCE 1992
Work HighlightsARBITRATION
MEXICO PERU
Advising two companies owning a wind energy project in Tamaulipas, Mexico, in an arbitration proceeding in which they were sued by one of their contractors. The approximate amount of the claim (counterclaim) of the companies owning the project against the contractor is approx. USD12 million. (Mijares, Angoitia, Cortés and Fuentes)
Advising Zuma Energía, S.A. de C.V., a Mexican energy company that develops, builds and operates wind, solar and thermal power generation projects in Mexico, in an arbitration proceeding (ICC) against Gamesa Corporación Tecnológica, S.A. and GESA Eólica México, S.A. de C.V., in connection with the termination of the exclusivity clause contained in a certain contract for the development, construction, operation and maintenance of various wind energy projects in Mexico. (Mijares, Angoitia, Cortés and Fuentes)
Advising Pacific Steel Projects, Inc., Aceros DM, S.A. de C.V. and Grupo Simec, S.A.B. de C.V. in an arbitration proceeding (ICC) against Fuchs Technology AG in connection with a breach of contract for the delivery of equipment that did not meet specifications. (Mijares, Angoitia, Cortés and Fuentes)
Advising the Canadian mining company Bear Creek in an ICSID arbitration seated in Washington D.C. against the Republic of Peru under the Peru-Canada FTA in a dispute of more than USD520 million. The arbitrators were German, Australian and British/French nationals. (Miranda & Amado)
Advising a mining company in the direct negotiation (prior to arbitration) initiated against the Peruvian State for a dispute related to a mining investment contract under a free trade agreement for more than USD500 million. (Miranda & Amado)
Advising an Oil & Gas company in a Paris-based CIAC arbitration against a state-owned company, in which a favorable award was obtained in a royalty determination dispute under a hydrocarbon exploitation license agreement. Our client obtained a 32% discount on the price of the royalties for the next 8 years of the contract. The arbitrators were of Spanish (presiding), Chilean and Spanish nationality. (Miranda & Amado)
Advising a transnational engineering company in an international arbitration with seat in Lima against a Regional Government related to a contractual dispute for USD85 million. We also successfully represented the client in the judicial process of annulment of the partial award on jurisdiction. The president of the court was of Panamanian nationality. (Miranda & Amado)
Advising Abengoa Transmisión Sur S.A. in the direct treatment prior to an ICSID arbitration against the Republic of Peru for a controversy of more than USD38 million arising from a transmission line concession contract. (Miranda & Amado)
Work HighlightsARBITRATION
José Tomás ErrázurizSocio (Chile)+56 2 [email protected]
Luis Eduardo ToroPartner (Chile)+56 2 2378 [email protected]
David CademartoriPartner (Chile)+56 2 [email protected]
Javier San MartinPartner (Chile)+56 2 [email protected]
William Javier Araque-JaimesPartner (Colombia)+57 1 319 2900 Ext. [email protected]
David Ricardo Araque-QuijanoSocio (Colombia)+57 1 319 2900 Ext. [email protected]
Natalia Castellanos-CasasSenior Associate (Colombia)+57 1 319 2900 Ext. [email protected]
Everardo J. Espino GuerreroPartner (México)+52 55 5201 [email protected]
Jaime Cortés RochaCounsel (México)+52 55 5201 [email protected]
Luis Pablo Ramírez Martínez Associate (México)+52 55 5201 [email protected]
Elián Ávila ZatarayAssociate (México)+52 55 5201 [email protected]
Mauricio RaffoPartner (Perú)+51 1 [email protected]
Jose Daniel AmadoPartner (Perú)+51 1 [email protected]
Cristina Ferraro Partner (Perú)+51 1 [email protected]
Giovanni PrioriPartner (Perú)+51 1 610 [email protected]
CONTACTAffinitasChair: Juan Luis Avendañ[email protected]
CHILEBarros & Errázurizwww.bye.cl
COLOMBIA
Gómez-Pinzónwww.gomezpinzon.com
MEXICO
Mijares, Angoitia, Cortés y Fuenteswww.macf.com.mx
PERU
Miranda & Amadowww.mafirma.com.pe
THE TEAM THAT WORKSwww.a�nitaslegal.com
+51 1 610 4730
PERU
SINCE 1992
