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GAR 100 - 12th Edition

Philippi Prietocarrizosa Ferrero DU & Uría

05 April 2019

Serving mining and energy clients across Latin America

People in Who's Who Legal 1
Pending cases as counsel 15
Value of pending counsel work US$810 million
Treaty cases 1
Third-party funded cases 0
Current arbitrator appointments 12 (8 as chair or sole)
Lawyers sitting as arbitrator 3

This Latin American firm was born from a 2015 merger between Philippi Yrarrázaval Pulido & Brunner in Chile and Prietocarrizosa in Colombia, with the backing of Spain’s Uría Menéndez – another GAR 100 firm. Two respected Peruvian firms, Ferrero Abogados and Delmar Ugarte Abogados, were merged into the new firm the following year.

Of the various legacy firms, Philippi Yrarrázaval had the biggest international arbitration profile: it made its debut in the GAR 100 in 2014. That was largely down to the hire of partner Cristián Conejero Roos in 2013 to head the arbitration practice. A Chilean national, he joined after six years with Iberian firm Cuatrecasas Gonçalves Pereira, where he’d been based in Paris, Madrid and São Paulo.

The team in Santiago includes senior associate Gianfranco Lotito, who joined from leading Chilean firm Claro y Cia; and Juan Rey Jiménez de Aréchaga, who practised for more than two years at Clifford Chance in Washington, DC, where he was involved in several investor-state and commercial arbitrations in Latin America.

Another name of note in Santiago is senior counsel Jaime Irarrázabal, a much-respected arbitrator who helped Chile negotiate several free trade agreements and had a hand in drafting the statute that enacted the UNCITRAL Model Law in 2004.

The disputes team in Bogotá is led by Julio César González and Héctor Hernández, who both previously worked with Uría Menéndez in Madrid. Ramiro Portocarrero leads the disputes team in Lima.

Network

Santiago, Bogotá and Lima are the main offices for arbitration, but it also has an office in the Colombian city of Barranquilla. The firm also benefits from Uría Menéndez’s network of offices in Spain, Portugal, São Paulo, New York, Beijing, London and Brussels.

Who uses it?

The firm has numerous clients in the energy and mining sectors, including Chilean state-owned Empresa Nacional del Petroleo, Barrick Gold, BHP Billiton, Antofagasta Minerals (the mining arm of Chile’s Luksic Group) and Mexico’s Southern Copper Corporation.

Other names include brewery group SAB Miller, Argentine fisheries group Pesel, Spanish construction group Sacyr, the Peruvian arm of technology company IBM, Luxembourg’s Biotoscana Investments and Spanish pharmaceuticals group Laboratorios Kin.

The firm has also been advising a group of Chilean energy investors, Consorcio Eólico, in a pair of arbitrations worth US$40 million against its Indian partner in relation to a wind-power joint venture in southern Chile.

Track record

In 2014, a team led by Conejero Roos helped BHP Billiton successfully settle a pair of ICDR claims against Glencore concerning copper concentrate contracts worth US$218 million; and helped an affiliate of the client to settle a smaller dispute with Skanska.

It won a favourable award for Canadian mining company Eco Oro in a Bogotá Chamber of Commerce arbitration concerning the assignment of mining titles, which could have jeopardised a US$240 million investment if the case had gone the other way.

Another settlement came in 2013 in a US$1.6 billion dispute between shareholders of a Chilean supplier of oxygen and inert gases – with the client receiving shares worth US$400 million. It also helped Antofagasta Minerals settle a US$15 million dispute with a drilling company.

Recent events

The firm has been acting for a Chilean iron-ore extraction company in two CAM Santiago proceedings regarding a power purchase agreement with subsidiaries of a US renewable energy corporation, in which claims exceed US$150 million.

An Ecuadorean construction consortium in using the firm for a US$70 million Santiago-seated ICC claim related to an EPC contract with a regional government.

Insight

Reviews

Regional analysis from arbitrators around the globe, focussing on key developments in specific industry areas and jurisdictions.

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The Middle Eastern and African Arbitration Review 2019

Highlights

CRCICA Overview

Ismail Selim and Dalia Hussein

The Cairo Regional Centre for International Commercial Arbitration (CRCICA)

DIFC-LCIA Arbitration Overview

Alec Emmerson

DIFC Arbitration Institute (DAI)

Robert Stephen, Matthew Harley and Katy Hacking

DIFC-LCIA Arbitration Centre