Working on a new ICSID claim against Peru
|People in Who's Who Legal||1|
|People in Future Leaders||2|
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|Value of pending counsel work||US$800 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 opened in 1999, at the end of a decade which had seen arbitration beginning to develop in Peru. Early successes came in the 2000s when it teamed up 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.
In 2018, the firm merger with Peruvian disputes boutique Priori & Carrillo, adding partners including Giovanni Priori, who now co-heads Miranda & Amado’s litigation practice alongside Mauricio Raffo.
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. Another name to know is Cristina Terraro, who returned to the firm in 2014 after spells with King & Spalding and Curtis Mallet-Prevost Colt & Mosle and has worked on a number investor-state matters.
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 in the energy sector include Engie (in a case relating to a major earthquake), Norway’s Interoil, Transportadora de Gas del Perú and subsidiaries of Israel’s IC Power. It has also acted for Abengoa, Skanska, Telefónica, Hochschild Mining, Sacyr and General Electric.
The firm defended the government of China in two CIETAC cases concerning ownership of Peru’s largest iron ore mine.
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. More recently the firm helped Maersk subsidiary APM Terminals Callao settle another ICSID claim against Peru following a dispute over the construction of a marine terminal.
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.
Miranda & Amado is acting with co-counsel Dechert for a subsidiary of Spanish transport infrastructure group OHL Concesiones in a newly filed ICSID claim worth around US$200 million against Peru over delays to a project to improve a stretch of the Pan-American Highway.
Among its pending cases are construction disputes being heard under ICC rules and seated in Paris and New York.
The firm has been acting in enforcement proceedings for Dessau in relation to its US$10 million award against the regional government of Loreto.
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”.