A Peruvian market leader that often pairs with major US firms
|People in Who’s Who Legal||1|
|Pending cases as counsel||9|
|Value of pending counsel work||US$980 million+|
Highly regarded for its cross-border transactional work, Miranda & Amado is also one of the few Peruvian firms to have acquired an international arbitration profile. It owes that reputation in large part to practice head José Daniel Amado – who cut his teeth at Wilmer Cutler Pickering Hale and Dorr working with Gary Born and the late Arthur Marriott.
The firm achieved some early successes in the 2000s, teaming with White & Case for a US$100 million construction dispute; and Freshfields in an important case over delays in the construction of the Camisea gas pipeline. But it really made its mark acting for Duke Energy in the first (and, to date, only) successful ICSID claim against Peru.
Amado is chair of the Peruvian Arbitration Institute and a professor at the Catholic University of Peru. In 2013, he was a visiting scholar at the University of Cambridge researching a paper on the role of investment treaty arbitration in resolving social conflicts. He’s also been a scholar-in-residence at WilmerHale, and is one of the many jurists that have weighed in as commentators on the Chevron v Ecuador dispute.
Another name to know in the disputes team is Juan Luis Avendaño V, who has 40 years’ experience in practice, sits as arbitrator at local institutions and has been president of the IP, bankruptcy and competition courts of Peruvian industry regulator Indecopi.
Who uses it?
The Camisea consortium – made up of Argentina’s Pluspetrol and Tecpetrol, the US’s Hunt Oil, South Korea’s SK Group, Spain’s Repsol and Algeria’s Sonatrach – has used the firm for an ICSID case over Peru’s largest natural gas project. Other clients of note include Engie (in a case relating to a major earthquake), Norway’s Interoil, General Electric, Abengoa, Skanska and Transportadora de Gas del Perú.
It’s defended the government of China in two CIETAC cases concerning ownership of Peru’s largest iron ore mine. Canada’s Bear Creek Mining has also been using it (along with King & Spalding) for a treaty claim against Peru.
As mentioned, the firm helped Duke Energy win an US$18 million award against Peru in 2008, which was confirmed by a US court in 2012.
In 2016, the firm secured a US$10 million award for Quebec-based engineering firm Dessau in an arbitration with the Peruvian regional government of Loreto. The tribunal also rejected Loreto’s US$70 million counterclaim.
The firm reports negotiating a favourable settlement for an Abengoa subsidiary after it threatened an ICSID claim against the Peruvian ministry of energy and mines concerning a demand for US$35 million in penalties arising under a concession agreement.
Spanish oil company Repsol recently engaged the firm for a dispute at the Lima Chamber of Commerce over an EPC contract. Director of legal services Gianna Macchiavello was impressed by a “very competitive bilingual team.”