GAR 100 - 7th Edition

Pérez Bustamante & Ponce

Professional notice

Serving investors in Ecuador

Pending cases as counsel:
6
Treaty cases:
4

In 2004, Pérez Bustamante & Ponce participated in the first-ever claim against Ecuador at ICSID, helping Repsol YPF to win a US$13 million award.

Remarkably, two of the firm’s partners oversaw the whole case, without any assistance from international co-counsel.

Today, the firm – one of Ecuador’s oldest – is the first port of call for many foreign energy companies faced with developments they don’t like, such as changes introduced by the Correa administration. Clients include Perenco, Murphy Oil, Duke Energy and Noble Energy.

It has often been found pairing up with international counsel such as Covington & Burling, Freshfields Bruckhaus Deringer and King & Spalding. Brazilian construction group Odebrecht used the firm, alongside White & Case, when it was threatened with expulsion from the country over a hydropower plant dispute.

Chevron has turned to the firm for local law advice in its long-running dispute over environmental pollution in the Amazon rainforest – including in its denial-of-justice claim against Ecuador now playing out before an arbitral tribunal in The Hague.It has also defended Occidental Petroleum and BP in local environmental litigation (the BP case was in connection with the Deepwater Horizon spill).

Rodrigo Jijón, one of the founders of the Ecuadorean Arbitration Institute, leads the practice. While known for his expertise in energy law, he assists a wide variety of clients and is praised for his versatility.

Recent events

The firm promoted associate Juan Manuel Marchan to partner in January 2013. Having previously worked for Ecuador’s oil ministry, he’s well versed in energy disputes and is increasingly active on investment treaty matters. These include potential treaty claims against Ecuador on behalf of a UK management consultancy that has struggled to enforce three commercial arbitration awards in the local courts for almost a decade; and a Spanish gaming company affected by a ban on gambling.

Meanwhile, the firm is defending an Ecuadorean construction company, Astec, in an ICC arbitration brought by Italian company Geodata concerning a joint venture agreement. GAR also learned of another result for the firm’s client, Murphy Oil, in its UNCITRAL claim against Ecuador – a tribunal dismissed a jurisdictional objection by the state (having already decided to join three other objections to the merits). .

Perez Bustamante & Ponce (PBP) is a full service leading law firm in Ecuador, with offices in Quito and Guayaquil and relationships throughout the world. Since 1916, it has provided quality legal advice to local and international clients and it has participated in many of the country´s landmark legal matters.

PBP combines experience with dynamism. Many of its lawyers are reputable attorneys widely recognized in their specialized practice areas, university professors, and well-known lecturers. The firm also has a large group of determined and efficient young lawyers who are starting to excel in their respective practice areas. This combination allows the firm to effectively meet its clients’ needs and handle complex legal matters.

The firm has been appointed as the Ecuadorian Firm of the Year by Chambers Latin America for 2009, 2010, 2011, 2013 and 2014 and by Who’s Who Legal for years 2010, 2011, 2012, 2013 and 2014.

The firm’s Arbitration Practice has been very successful and has delivered positive results to our clients in various areas of business.

On the international front, PBP Arbitration Practice has gained global recognition in investment arbitration cases at ICSID, as well as proceedings according to UNCITRAL and ICC arbitration rules. The firm has work as co-counsel with other notable international law firms achieving positive and quantifiable results for its clients.

On the local front, the firm has an excellent track record in local arbitration cases, and is widely regarded as a leading player in this field. PBP continuously handle cases in several areas of business including energy and natural resources, project financing, construction, securities, banking, telecommunications, and health. Its clients include multinational companies, global non-governmental organizations, and leading Ecuadorean companies.

PBP´s Arbitration Practice comprises partners with broad experience and knowledge in litigation and arbitration as well as younger attorneys with outstanding academic background and leadership skills. To best serve its clients, it assembles teams for each project to ensure a combination of the required expertise for a particular case.

A significant number of partners and associates are arbitrators and secretaries in various arbitration centers in Ecuador as well as abroad. Most of the members in its team are also law professors and lecturers at the most prestigious universities in the country.

PBP firmly believes in high-quality legal services, the importance of its clients’ trust and confidentiality, the need of technological developments, and the practice of law with emphasis on internationalization.

For more information please contact:

Rodrigo Jijon Letort
[email protected]

 

Juan Manuel Marchán

[email protected]

 

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