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GAR 100 - 9th Edition

Miranda & Amado

18 February 2016

A Peruvian market leader that frequently pairs with major US firms

People in Who’s Who Legal: 1
Pending cases as counsel: 6
Value of pending counsel work: US$580 million+
Treaty cases: 0
Lawyers sitting as arbitrator: 2

Highly regarded for its cross-border transactional work, Miranda & Amado is also one of the very 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 contruction dispute; and pairing up with 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 in 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 GDF Suez (in a case relating to a major earthquake), Norway’s Interoil, General Electric, Abengoa, Skanska, and Transportadora de Gas del Perú.

It’s recently been defending the government of China in two CIETAC cases concerning ownership of Peru’s largest iron ore mine. Canada’s Bear Creek Mining has also instructed it (along with King & Spalding) for a treaty claim against Peru.

Track record

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.

A more recent win saw the firm secure a US$10 million award for Quebec-based engineering firm Dessau in early 2016 in an arbitration with the government of Loreto, Peru’s northernmost region. The tribunal also rejected Loreto’s US$70 million claim against Dessau.

Recent events

The ICSID case for the Camisea consortium ended in 2015 with an award requiring the firm’s client to pay US$65 million to a Peruvian state hydrocarbons agency to resolve a contractual dispute over export royalties. Weil Gotshal & Manges was also part of the co-counsel team.

Client comment

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.”

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