Arbitration and Dispute Resolution

ARBITRATION

Law does not exist to entangle us in abstractions and procedures where form prevails over substance, but to face problems and solve them.

The agreed rules must be respected, the parties must be heard and treated equally, and the procedure must be predictable, because only then can we find the truth of the specific case.

I AM AN ARBITRATOR AND A LEGAL EXPERT

I am a member of the Council of the ICC Institute of World Business Law of the International Chamber of Commerce of Paris (CCI), of the International Court of Arbitration of the American Chamber of Commerce of Peru (AMCHAM Perú), of the list of arbitrators of the Inter-American Commercial Arbitration Commission – CIAC and of the Board of Directors of the Peruvian Chapter of the Spanish and Ibero-American Arbitration Club (CEIA).

I have been an arbitrator in more than 160 arbitral proceedings, completed and pending, domestic and international, in the ICC International Court of Arbitration, the Arbitration Center of Mexico, the Arbitration Center of the Lima Chamber of Commerce, the Arbitration Center of the American Chamber of Commerce of Peru – AMCHAM, the Madrid International Arbitration Center and the Arbitration Center of the Pontifical Catholic University of Peru (PUCP).

I have served as president of the Arbitral Tribunal or as sole arbitrator in 50% of them, and I have served as co–arbitrator in 50% of them.

60% of the cases in which I have participated are related to contractual, commercial and corporate matters of various kinds and the remaining 40% involve contracts with a State, with application of the rules of public–private partnerships, linked to infrastructure concession contracts, or with application of the rules of public procurement.

I have prepared legal expert reports on the application of Peruvian law for use in proceedings. My experience includes the analysis of contractual obligations and remedies in transactions related to the oil and wind energy industries, among others. I have addressed issues such as breaches of contractual obligations, the exercise of termination rights, the application of the doctrine of estoppel, and compliance with corporate obligations in the context of share transfers, among other matters relevant to the resolution of complex disputes.

ARBITRATIONS BY SECTOR

CONTRACTUAL / CORPORATE

Among other matters:

Shareholders’ agreements related to various economic sectors.
Contract signed by a Pension Fund Administrator (AFP) for the subscription of participation quotas of an investment fund.
Fulfillment of investment commitments in connection with an agro-industrial project.
Contract for the purchase and sale of shares of a company in the electricity sector.
Contracts for the assignment of broadcasting rights of professional football matches.
Constitution of an easement for an electroduct, right of way and transit, in favor of a mining company.
Contract for the operation and rendering of services within an airport.
Contract for the service and repair of industrial infrastructure.
Contract for the supply of chemical products to a fishing company for the production of fishmeal.
Contract for the supply, affiliation and license for the use of trademarks for a fuel sales business.
Contract for the supply of goods for the construction of communications infrastructure sites.
Contracts of sale and purchase, right of superficies and assignment of contractual position in connection with the operation of shopping centers.
Lease and operation contracts for shopping centers.
Confidentiality agreements in connection with industrial secrets.
Joint venture agreement to conduct a delinquent account management business.
Contract of maritime transportation of cargo.

GAS, OIL AND ENERGY

Among other matters:

Arbitration dispute over the validity of the termination of a fuel supply contract and the full enforcement of a letter of guarantee for alleged breach of payment obligations.
Arbitration dispute over the validity of the early termination of an EPC contract for the construction of critical infrastructure in the hydrocarbons sector, based on allegations of a fraudulent guarantee.
Matters involving the Economic Operation Committee of the National Interconnected System (COES), of the Peruvian electricity system, with several electricity generation companies, regarding events related to generation deficits, active energy and power transfer valuations, and the calculation of short-term marginal costs, among others.
Hydrocarbon Exploration and Exploitation Operation Contract, regarding the use of assets related to the business.
Contract for the provision of electricity transmission services to an oil refinery.
Contracts signed by the Energy and Mining Investment Supervisory Agency (OSINERGMIN) and companies providing verification and analysis services for the purchase and sale of Liquefied Petroleum Gas (LPG).
Contract for the administration of the assets of the concession granted by the Ministry of Energy and Mines to Gasoducto Sur Peruano, as a consequence of the termination of the concession.

REGULATION AND APPs

Among other matters:

Concession Contract for the Callao Port Terminal (North Pier), signed by the Ministry of Transportation and Communications with APM Terminals, regarding service and productivity levels.
Concession Contract for the Rendering of the Carrier Service, Local Telephone Service and National and International Long Distance Service, signed by the Ministry of Transportation and Communications with Telefónica del Perú.
Concession Contract signed by the Ministry of Transportation and Communications with Azteca Comunicaciones Perú in the framework of the National Dorsal Fiber Optic Network Project.
Concession Contract for the Electric Mass Transportation System of Lima and Callao, Line 1, signed by the Ministry of Transportation and Communications with GyM Ferrovías.
Concession Contract signed by the Ministry of Transportation and Communications for the design, financing, construction, equipping and operation of the Lima Subway, signed with Metro de Lima Line 2.
Concession contract entered into by the Ministry of Transportation and Communications related to the Peru – Brazil Inter-Oceanic Road Corridor, entered into with Intersur Concesiones.
Concession Contracts signed by the Ministry of Energy and Mines in connection with several electricity transmission lines.
Concession contract entered into by the Ministry of Transportation and Communications in connection with airport infrastructure.

Among other matters:

Shareholder agreements linked to various economic sectors (real estate, agro-industrial, energy sector, among others).
Discussions about the ownership of shares issued by a company in the media sector.
Discussions on the transfer of shares issued by a company in the educational sector.
Contract signed by a Pension Fund Administrator (AFP) for the subscription of participation quotas of an investment fund.
Fulfillment of investment commitments in connection with an agro-industrial project.
Contract for the purchase and sale of shares of a company in the electricity sector.
Contracts for the assignment of broadcasting rights of professional football matches.
Constitution of an easement for an electroduct, right of way and transit, in favor of a mining company.
Contract for the operation and rendering of services within an airport.
Contract for the service and repair of industrial infrastructure.
Contract for the supply of chemical products to a fishing company for the production of fishmeal.
Contract for the supply, affiliation and license for the use of trademarks for a fuel sales business.
Contract for the supply of goods for the construction of communications infrastructure sites.
Contracts of sale and purchase, right of superficies and assignment of contractual position in connection with the operation of shopping centers.
Lease and operation contracts for warehouses and shopping centers.
Confidentiality agreements in connection with industrial secrets.
Joint venture agreement to conduct a delinquent account management business.
Contract of maritime transportation of cargo.

Among other matters:

Arbitration dispute over the validity of the termination of a fuel supply contract and the full enforcement of a letter of guarantee for alleged breach of payment obligations.
Arbitration dispute over the validity of the early termination of an EPC contract for the construction of critical infrastructure in the hydrocarbons sector, based on allegations of a fraudulent guarantee.
Matters involving the Economic Operation Committee of the National Interconnected System (COES), of the Peruvian electricity system, with several electricity generation companies, regarding events related to generation deficits, active energy and power transfer valuations, and the calculation of short-term marginal costs, among others.
Hydrocarbon Exploration and Exploitation Operation Contract, regarding the use of assets related to the business.
Contract for the provision of electricity transmission services to an oil refinery.
Contracts signed by the Energy and Mining Investment Supervisory Agency (OSINERGMIN) and companies providing verification and analysis services for the purchase and sale of Liquefied Petroleum Gas (LPG).
Contract for the administration of the assets of the concession granted by the Ministry of Energy and Mines to Gasoducto Sur Peruano, as a consequence of the termination of the concession.

Among other matters:

Concession Contract for the Callao Port Terminal (North Pier), signed by the Ministry of Transportation and Communications with APM Terminals, regarding service and productivity levels.
Concession Contract for the Rendering of the Carrier Service, Local Telephone Service and National and International Long Distance Service, signed by the Ministry of Transportation and Communications with Telefónica del Perú.
Concession Contract signed by the Ministry of Transportation and Communications with Azteca Comunicaciones Perú in the framework of the National Dorsal Fiber Optic Network Project.
Concession Contract for the Electric Mass Transportation System of Lima and Callao, Line 1, signed by the Ministry of Transportation and Communications with GyM Ferrovías.
Concession Contract signed by the Ministry of Transportation and Communications for the design, financing, construction, equipping and operation of the Lima Subway, signed with Metro de Lima Line 2.
Concession contract entered into by the Ministry of Transportation and Communications related to the Peru – Brazil Inter-Oceanic Road Corridor, entered into with Intersur Concesiones.
Concession Contracts signed by the Ministry of Energy and Mines in connection with several electricity transmission lines.
Concession contract entered into by the Ministry of Transportation and Communications in connection with airport infrastructure.

CONSTRUCTION CONTRACTS

Among other matters:

Arbitration dispute over the application of penalties and enforcement of guarantees in a public works subcontract under a mixed contracting scheme.
Arbitration dispute related to alleged breaches in the management of a selection process for public works commissioned to an international organization, within the framework of a technical assistance agreement.
Arbitration dispute over the interpretation of contractual milestones, guarantees, and financial compensation in a public infrastructure project executed under an NEC3 scheme.
Arbitration dispute over the recognition of higher costs and overhead expenses arising from deadline extensions and extraordinary events in a road rehabilitation and maintenance contract financed by the IDB.
Extensions of term and recognition of general expenses related to several road construction contracts signed by the Special Project of National Transportation Infrastructure – Provías, an entity attached to the Ministry of Transportation and Communications.
Extension of term and payment of general expenses related to the construction of a hydroelectric power plant.

OTHER MATTERS

Arbitration dispute over alleged breaches in the execution of a cultural project financed with public funds, within the framework of a national competition to support film production.
Consulting Services Agreement for the pre-investment feasibility study of an infrastructure project.

Maintenance services contracts provided to a state-owned water and sewage company.
Contract for the provision of security services to a state-owned entity.

LEGAL REPORTS

Among other matters:

Legal report analyzing contractual obligations and remedies in transactions related to the oil sector, the wind industry, and other sectors.
Legal report on breach of contractual obligations, exercise of termination rights, application of the doctrine of estoppel, and compliance with corporate obligations in the context of share transfers.

Among other matters:

Arbitration dispute over the application of penalties and enforcement of guarantees in a public works subcontract under a mixed contracting scheme.
Arbitration dispute related to alleged breaches in the management of a selection process for public works commissioned to an international organization, within the framework of a technical assistance agreement.
Arbitration dispute over the interpretation of contractual milestones, guarantees, and financial compensation in a public infrastructure project executed under an NEC3 scheme.
Arbitration dispute over the recognition of higher costs and overhead expenses arising from deadline extensions and extraordinary events in a road rehabilitation and maintenance contract financed by the IDB.
Extensions of term and recognition of general expenses related to several road construction contracts signed by the Special Project of National Transportation Infrastructure – Provías, an entity attached to the Ministry of Transportation and Communications.
Extension of term and payment of general expenses related to the construction of a hydroelectric power plant.

Arbitration dispute over alleged breaches in the execution of a cultural project financed with public funds, within the framework of a national competition to support film production.
Consulting Services Agreement for the pre-investment feasibility study of an infrastructure project.

Maintenance services contracts provided to a state-owned water and sewage company.
Contract for the provision of security services to a state-owned entity.

Among other matters:

Legal report analyzing contractual obligations and remedies in transactions related to the oil sector, the wind industry, and other sectors.
Legal report on breach of contractual obligations, exercise of termination rights, application of the doctrine of estoppel, and compliance with corporate obligations in the context of share transfers.

ARBITRATION

I AM AN ARBITRATOR AND A LEGAL EXPERT

ARBITRATIONS BY SECTOR

Cecilia O’Neill de la Fuente

Cecilia O’Neill de la Fuente

Cecilia O’Neill de la Fuente

Cecilia O’Neill de la Fuente

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