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GAR 100 - 11th Edition

Miranda & Amado

05 April 2018

The Peruvian firm won a treaty claim for a mining client

People in Who’s Who Legal 1
People in Future Leaders 3
Pending cases as counsel 6
Value of pending counsel work US$700 million
Treaty cases 1

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 successful ICSID claim against Peru.

Amado is chair of the Peruvian Arbitration Institute and a professor at the Catholic University of Peru. He has been a visiting scholar at the University of Cambridge and a scholar in residence at WilmerHale.

Another name to know is Juan Luis Avendaño Valdez, 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. It has provided expert evidence for parties in various other ICSID cases against Peru.

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 defended the government of China in two CIETAC cases concerning ownership of Peru’s largest iron ore mine.

Track record

Miranda & Amado teamed up with King & Spalding to represent Vancouver-based Bear Creek Mining in an investment treaty claim against Peru, winning an award in 2017 worth US$30.4 million for the expropriation of a silver mine concession. The tribunal only awarded the claimant its sunk costs in the project, out of the US$522 million it had claimed.

The firm won a favourable settlement for an Abengoa subsidiary after it threatened an ICSID claim against Peru over a demand for US$35 million in penalties arising out of a concession agreement.

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.

Recent events

Miranda & Amado merged with Peruvian disputes boutique Priori & Carrillo with effect from 2018, adding partners including Giovanni Priori, who now co-heads Miranda & Amado’s litigation practice alongside Mauricio Raffo.

The firm helped APM Terminals Callao (a Maersk subsidiary) obtained a favourable settlement in an ICSID arbitration against Peru concerning the construction of a marine terminal.

Among its pending cases are a some construction disputes being heard under ICC rules and seated in Paris and New York.

José Daniel Amado co-authored a book, Arbitrating the Conduct of International Investors, for Cambridge University Press that was launched at an event in the Peace Palace in The Hague in 2018.

Client comment

Spanish oil company Repsol 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”.

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