Dispute resolution
We defend the rights and interests of our clients through the use of sound practical and theoretical knowledge of procedural and substantive law, supported by our vast experience in the field. At times, the use of this knowledge allows us to design assertive negotiation strategies that lead to the resolution of disputes through direct settlements or conciliations in judicial and arbitral proceedings. In other cases, it is necessary to conduct the judicial processes until the completion of all phases, a task that we handle with effectiveness, commitment, and the utmost skill.
Services
a) Legal advice and representation of the client in extrajudicial claims in the areas of private and public law.
b) Judicial representation, including extraordinary appeals, before the ordinary and administrative jurisdiction.
c) Management of direct settlements.
d) Legal advice and representation of the client in the scenarios of alternative dispute resolution mechanisms – amicable composition, conciliation, mediation, and arbitration, both national and international.
Notable Cases
Arbitration Tribunal - Consorcio VIP Suroeste vs. Viva and Fiduciaria de Bogotá
Our firm represented Consorcio VIP Suroeste in the arbitration claim initiated against VIVA and Fiduciaria de Bogotá for the increased costs our client had to incur due to the defendants' contractual breaches. The understanding of the process and the relevance of the means of proof practiced in the process, together with the skill of our team in the preparation of the process, allowed our client to obtain a favorable result to its interests and to receive the payment of a sum close to USD 1,000,000.
Declaratory proceeding VAG Armaturen Chile vs. Comercializadora S&E
We have been in charge of the legal defense of Comercializadora S&E y Cía. in the cross-border process initiated by VAG Armaturen Chile, due to the apparent breach of the payment obligation in an international contract for the supply of goods. As a result of our team's strategic defense, the parties to the controversy reached a very favorable agreement for our client by means of an out-of-court settlement.
Arbitration Tribunal - Cultivos Tropicana and Bananera la Florida Vs. Vías de las Américas
The concessionaire Vías de las Américas entrusted us with its defense in the arbitration tribunal convened by two companies whose properties were acquired for the execution of the 3G contract of the Transversal de Las Américas, Sector 1. The plaintiffs sought the payment of a contractual penalty amounting to COP 1,300,000,000 for the alleged delay in the notification of the formal purchase offer. Our client was declared free of any contractual liability and exonerated from the payment of any amount of money.
Dispute board - Early disbursement of recognized values
After obtaining favorable decisions for COP 186,000,000,000,000, USD 924,000 and EUR 831,000, the contracting party in default before the Dispute Board provided for in a state contract, decided to refuse to pay such amounts in favor of our client. Our firm intervened in the negotiation of a partial disbursement of such amounts, which was finally formalized in an agreement and our client received USD 27,000,000, prior to the arbitration court's ruling on the enforceability of the decisions.
Contractual claim for the economic imbalance of the contract due to the Covid-19 pandemic
Our team prepared a contractual claim aimed at obtaining the recognition of the higher costs involved in executing the contract under the biosecurity conditions imposed by the pandemic generated by Covid-19. The contracting entity finally agreed to recognize the biosafety cost overruns, which implied a decisive financial relief for our client.
Favorable decision of the Dispute Board in the contract for the construction and start-up of the "Aguas Claras" wastewater treatment plant
Our team represented Hyundai Engineering and Construction (Korea) and Acciona Agua (Spain) before the Dispute Board provided by the contract and obtained a favorable decision on the financial disputes for COP 75,704,419,912 - EU 15,351,199 - USD 13,363,867.