litigios2014
Litigation
  • Practice
  • Experience

Practice

Our practice in the area of litigation covers advisory assistance with administrative proceedings, contentious administrative actions and arbitration proceedings, and civil criminal, labor, commercial and constitutional proceedings.

Administrative Proceedings: The wide experience of severalmembers of our law firm gained during their prior professional activities with different public institutions and corporations (regulating institutions, ministries, Proinversión, and Fonafe, among others) combined with our thorough knowledge of the rules and regulations of the regulated sectors, allows us to give our clients specialized counseling in their legal representation and defense in contentious-administrative, supervisory, dispute settlement, rate setting, interconnection, access mandates, and user claims proceedings, and proceedings for unfair practices and illegal competition, the imposition of barriers to access, and violations of consumer protection rules and regulations, among others, before regulatory agencies, ministries and other government organizations, mainly in the energy, oil and gas, telecommunications, transportation and sanitation sectors.

Contentious-administrative Processes: Our counseling of clients working in different sectors consists of their legal defense before the court system in questioning the decisions of regulating agencies, ministries and various administrative institutions.   We enjoy wide experience in drawing up legal strategies for this kind of proceeding and to secure the imposition of precautionary measures during the course of such proceedings.

Arbitration:  Our law firm has defended various public and private institutions in different contractual and regulatory disputes that were resolved by national courts of arbitration, providing advice on the best strategies for filing complaints and exercising legal defense during all stages of the arbitration process.   Our specialized lawyers have also participated in arbitration processes under the rules of arbitration of international organizations.  Furthermore, several of our lawyers have acted as arbitrators in civil and regulatory arbitration processes.

Criminal (Piura): We have wide experience in representation and follow-up in criminal cases and in giving preventive advice to keep our clients from committing possible crimes, using an approach of comprehensive defense in the proceeding.  In this connection, we counsel both companies and individuals subject to investigation, representing them before the jurisdictional body, the Public Ministry and the Police in all stages of the criminal proceeding.

Civil/Commercial/Constitutional (Piura): We offer specialized legal advisory assistance in civil, commercial, labor, and constitutional law proceedings, among others, giving clients comprehensive counseling in order to safeguard respect for their constitutional rights and guarantees, while seeking to ensure the best possible results in keeping with their interests.  We accordingly study the case subject to legal action in order to determine possible contingencies and possibilities for success in its pursuit, offering personalized assistance and appropriate ongoing support from the beginning to the end of the lawsuit.

Administrative

  • Counseling of an oil and gas company in a contentious-administrative proceeding for alleged failure to comply with technical and environmental rules and regulations.  As a result of this counseling, the fine imposed was reduced by 8 million dollars.
  • Counseling of an electric power transmission company in a dispute settlement proceeding against an electric power generating company before OSINERGMIN over the assignment of responsibility in application of the electric power service Technical Quality Regulations.  As a result of the counseling, the Dispute Settlement Court attributed the responsibility to the generating company.
  • Counseling of government electric power distribution corporations in appeals challenging the rate set by Osinergmin (VAD);
  • Counseling of a natural gas marketer in a proceeding against natural gas producers for violations of free competition rules and regulations;
  • Counseling of telecommunications enterprises in proceedings against the MTC for having imposed bureaucratic barriers;
  • Counseling of a power generating company in a proceeding against Pro inversión for having imposed bureaucratic barriers;
  • Counseling of power generating enterprises in questioning rate regulation procedures before Osinergmin;
  • Counseling of various free clients in the electric power sector in proceedings involving the oversight of quality standards and technical rules and regulations;
  • Counseling of free clients in questioning rate regulation procedures before Osinergmin;
  • Counseling of power generation and transmission enterprises in questioning COES decisions regarding the valuation and attribution of responsibility for noncompliance with technical rules and regulations.

Arbitration

  • Participation as an expert in an International Arbitration proceeding between an electric power transmission company and the Republic of Peru before the International Center for Settlement of Investment Disputes (ICSID);
  • Arbitration proceeding initiated by several electric power transmission companies against the System Economic Operation Committe– COES, for applying idealized marginal costs in calculating the taxes to cover the COES budget;
  • Arbitration proceeding initiated by a Liquefied Natural Gas (LNG) producer and marketer against the natural gas transporter enterprise over the interpretation and application of the regulations for gas transportation and the secondary market;
  • Arbitration proceeding initiated by electric power generating companies against the System Economic Operation Committee – COES in order to determine the legality of the assignment of electric power withdrawals without contractual backing;
  • Arbitration proceeding concerning the collection by the Ministry of Economy and Finance of reimbursable taxes paid from National Housing Fund – FONAVI resources by a government-owned Arequipa electric power distribution company operating within the sphere of FONAFE.
  • Our lawyers have also participated as Arbitrators and/or Chairmen of Courts of Arbitration in proceedings concerning:
  • Breach of contract and payment by generating enterprises operating within the sphere of FONAPE of compensation to industrial clients for damages and losses sustained under supply agreements;
  • Contractual rescission of services agreements for the valuing and conciliation of the fixed assets of government-owned electric power distribution enterprises;
  • Contractual responsibility of an independent contractor in the framework of a project agreement for the construction of a hydroelectric power plant for a state power generation enterprise operating within the sphere of FONAFE;
  • Payment by a Piura and Tumbes government-owned electric power distribution company operating within the sphere of FONAFE, of reimbursable taxes to the Ministry of Economy and Finance;
  • Application of damages in a project and supply agreement with a state electric power distribution enterprise operating within the sphere of FONAFE.

Judicial

  • Legal representation of a government-owned electric power distribution company in adversarial administrative proceedings initiated by various users and OSINERGMIN with regard to matters of power billing, public lighting and valuation and calculation of interest on the reimbursable taxes paid by users, among others;
  • Legal representation of a hydroelectric generating enterprise in a contentious-administrative proceeding initiated against the National Water Authority – ANA over the collection of the sole reimbursement for water use;
  • Legal representation of a hydroelectric generating company in an adversarial administrative proceeding against OSINERGMIN for imposing fines for violation of the Regulations on Safety and Health at Work for Electric Power activities;
  • Legal representation of electric power distribution companies in a contentious-administrative proceeding against OSINERGMIN for the Added Distribution Value that was set for 2005-2009;
  • Legal representation of an electric power transmission company in an adversarial administrative proceeding against the Supervisory Board for Investment in Energy and Mining – OSINERGMIN over the valuation and remuneration for use of secondary transmission systems;
  • Legal representation of an electric power generating company in the contentious-administrative proceeding initiated against the Supervisory Board for Investment in Energy and Mining – OSINERGMIN over the  assessment of toll income for use of the Secondary Transmission Systems and Supplementary Transmission Systems;
  • Adversarial administrative process initiated by an electric power transmission enterprise against OSINERGMIN over the payment of transmission line compensation;
  • Legal representation of a value added services company in a contentious-adversarial proceeding initiated by a digital telephone service company against the Supervisory Board for Private Investment in Telecommunications – OSIPTEL over wrongful billing for public telecommunications service.
© Santivañez Abogados
Lima
República de Colombia 791 Ofc. 602
San isidro Lima 27 Perú
t. +51 (1) 202 8000
f. +51 (1) 202 8017
Piura
Los Tamarindos 274 Urb. 4 de Enero
Piura - Piura
t. +51 (73) 32 6994
f. +51 (73) 31 3192
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