This brochure highlights our skill set and the most relevant cases we have been involved as counsels.
Dispute Resolution and Insurance experience in Latam
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Contents
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Our team
In our London office we have a large and experienced international team that has been dealing with business and disputes in Latam for many years, including lawyers qualified in Latin America and Spain. This brochure highlights our skill set and the most relevant cases we have been involved as counsels.
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Experience
− Representing Brazilian mining and trading companies against a group of banks in USD 230+ million CCBC arbitration seated in São Paulo. One of the largest banking and finance arbitrations in Brazilian history. Successfully defeated over 95% of the claims brought by the banks. − Advising South American companies in settlement discussions in China, USA, England, Angola, the Netherlands, and Trinidad Tobago − Advised clients on international arbitration dispute arising from a mining project in Latin America − Acting in a USD 60 million claim between a Colombian entity and a Peruvian entity in relation with an oil sale under BOSFA arbitration − Acting on an ongoing engineering claim involving defective water chambers in a water utility system in Uruguay − Acting on a claim concerning storm damage to long distance electricity supply cables between Uruguay and Argentina
− Representing international reinsures in parallel litigation proceedings in Brazil and England, with three subsequent LCIA arbitrations in London, governed by Brazilian substantive law. The USD 1+ billion dispute related to the construction of a hydroelectric power plant in the Amazon. This case became the precedent in England in relation to the law applicable to the arbitration agreement. − Representing a South American mining company in four consolidated LCIA arbitrations seated in London. The disputes related to mining operations in Zambia. Parallel court proceedings in Brazil, Zambia, and England – the latter resulting in the legal precedent in relation to the jurisdiction of national courts to grant injunctions prior to the constitution of an arbitral tribunal. Successfully defended set aside proceedings in the English High Court, and obtained a world-wide freezing injunction in the English courts against the opposing party. Represented the client (together with local counsel) in proceedings to enforce the awards in Zambia, creating the precedent in that jurisdiction in relation to the interpretation of international public policy under the New York Convention.
− Advising a Brazilian contractor on the validity and enforceability of an arbitration agreement against an Angolan state-owned entity, in a USD 90 million claim. Also advising on third party funding prior to commencing ICC arbitration. − Representing a US manufacturer in a 90 days’ ICC arbitration seated in New York and governed by Brazilian substantive law. Disputes related to the stoppage in the production of one of the largest aluminium refineries in the world. Successfully bound a non-signatory to the arbitration, and prevailed both on jurisdiction and on the merits. Further, represented the client in enforcement proceedings in Brazil under the New York Convention. This case resulted in the Superior Court of Justice’s precedent on binding non-signatories to an arbitration agreement. − Representing one of the largest South American construction companies in a USD 180 million LCIA arbitration seated in London, against a Central American state-owned entity. The disputes related to a FIDIC contract for the construction of a highway system. Successfully bound the non-signatory State to the arbitration, and defeated parallel litigation proceedings in the home courts of that State.
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Experience
− Advising reinsurers in a coverage and jurisdictional dispute concerning material damage and delay in start-up claims, worth over GBP 500 million, arising out of damage and delays to a hydro-electric facility in Brazil. Successfully obtained anti-suit relief relating to proceedings in Brazil and ARIAS arbitration in London. − Advising insurers on coverage in respect of significant physical damage and business interruption claims following a break-out at a blast furnace in Mexico − Representing two South American contractors in ICC arbitration against a consortium of oil companies in a USD 160 million claim and USD 105 million counterclaims. Disputes arising out of an EPC contract for the construction of eight offshore oil platforms (FPSOs). − Representing a Brazilian steel-making conglomerate in ICC arbitration against two Chinese engineering companies in USD 150+ million claims and USD 35 million counterclaims − A USD 100 million engineering dispute in ICC arbitration where we are acting for a Brazilian contractor
− Advising reinsurers from London and Munich market on a USD 30 million subrogation recovery following a fire in a large shopping mall in Chile − Advising reinsurers on a complex USD 150 million coverage claim arising out of various claims in Costa Rica concerning the construction of a new port terminal − Advising insurers on a subrogation claim against an Ecuadorian contractor arising out of three turbine failures in Ecuador − Representing insurers on a coverage dispute related with a wind turbine loss in Guatemala − Successfully representing Brazilian insurers in SulAmérica v Enesa [2012] in their successful appeal to the Court of Appeal concerning anti-suit relief and the governing law of an arbitration agreement − Advising reinsurers on coverage and jurisdictional matters in respect of a USD 1 billion plus claim for physical damage and business interruption arising from the collapse of a tailings dam in Brazil
− Representing claimants in a USD 60 million subrogated recovery action in ICC proceedings against an international supplier arising from a catastrophic turbine failure at a Peruvian power plant. Proceedings were in Spanish language. − Representing international claimant investors in a USD 400 million investment treaty claim against the government of Mexico (ICSID), with which we worked together with the Mexico City office, conducted in Spanish language. − Acting for the defendants in a USD 150 million arbitration in central America arising from a large infrastructure project − Acting for reinsurers in respect of a large mining loss in South America, including English Commercial Court litigation − Managing litigation on behalf of reinsurers in respect of a number of energy liability claims in South America, including policy coverage review − Advising reinsurers in respect of a PD and BI claim arising out of fire damage to an onshore wind turbine in Central America, and ancillary arbitral proceedings arising out of the OEM’s service obligations
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Clyde & Co offices in LatAm
With our network of offices across Latin America and Miami our London based team also works alongside knowledgeable professionals with expertise in local law allowing us to provide joined-up legal services to clients across our core sectors
List of Cities:
Caracas
Mexico City
Garza Tello Camino a Santa Teresa No. 187 C PISO 3, Parques del Pedregal México 14010 MX
Avenida Circunvalación del Sol, Edificio Santa Paula Plaza I Piso 4, Oficina 405. Urbanización Santa Paula Caracas 1061 VE
60+ Lawyers
+52 55 5424 8460
+58 212 816 7057
19 Partners
Santiago
São Paulo
Rua Padre João Manuel, 199, 2º andar, Conjuntos 23 e 24, Cerqueira César São Paulo CEP 01411-001 BR
22nd Floor, Orinoco 90 Las Condes Santiago C.P. 7560970 CL
+56 224990400
+55 11 2768 8721
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Team Members
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Team Members
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Team Members
Giovana Perette Leites Associate, Brazil +44 20 7876 4784 giovana.peretteleites@clydeco.com
Giovana is a Brazilian qualified lawyer based in São Paulo. She advises clients on international commercial arbitrations and cross-border disputes in a wide range of industries including oil and gas, energy and construction. Giovana primarily focuses on the Latin American market and has represented clients under ICC, CAM-CCBC and ARBITAC arbitration rules.
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Team Members
Beatriz Hockton Associate, London +44 20 7876 6675 bea.hockton@clydeco.com
Maria Fernanda Roca Associate, London +44 20 7876 4358 mariafernanda.rocasilva@clydeco.com
Beatriz is an English qualified solicitor and member of the Madrid bar specialising in cross border commercial disputes in the energy and natural resources sectors and also with insurance and reinsurance experience.
Fernanda is a Uruguayan qualified lawyer based in London and obtained an LL.M. with Distinction in Comparative and International Dispute Resolution at Queen Mary University of London, UK. Fernanda has over seven years of experience in international arbitration, both in Latin America and in the UK and practices in both Spanish and English. She has represented clients in disputes under ICC, ICSID, UNCITRAL, PCA and Uruguayan Chamber of Arbitration rules as well as in cross-borders litigation and has acted in matters involving mining, oil&gas, renewable energies, aviation, insurance and reinsurance, shipping and corporate disputes and involving diverse Latin American countries and applicable laws, as Peru, Mexico, Bolivia, and Argentina, apart from Uruguay.
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Team Members
Sofia Nievas Associate, London +44 20 7876 4642 sofia.nievas@clydeco.com
Beatrice Russo Associate, London +44 20 7876 6001 beatrice.russo@clydeco.com
Sebastian Blomeier Associate, Miami +1 305 329 1815 sebastian.blomeier@clydeco.com
Sofía is a London-based Chilean qualified lawyer. She advises in the areas of merger & acquisitions, corporate finance, joint ventures and capital markets, and also counsels foreign international clients and investors in the process of doing business in Latin America. She holds an LL.M in Law and Economics from Queen Mary University of London (with Distinction) and has been ranked as “Rising Star – Corporate M&A” in the Legal 500 Chile Ranking.
Beatrice is an associate based in London. Beatrice achieved a distinction in her LLM in Energy law at University College London and her previous experience includes advising insurers and reinsurers on coverage, representing clients in commercial and property-related disputes as well as advising clients on project finance and capital markets transactions. Beatrice’s arbitration experience includes representing clients in disputes under the ICC, ICSID, UNCITRAL, HKIAC and LCIA rules in the shipping, mining, energy, insurance and reinsurance sectors.
Sebastian is an English qualified solicitor based in Miami and concentrates his practice on insurance and reinsurance law, including policy coverage advise, liability defence and subrogation claims, and on Latin American international arbitration cases under ICC ICSID, UNCITRAL and LCIA rules. Working in the firm’s London office, Sebastian served as a Claims Manager at a leading German reinsurance company in Munich and re-joined Clyde & Co in 2022. He obtained his LL.M. from University College London and is a visiting fellow at St Mary’s University for internal arbitration and insurance law. Sebastian is fluent in Spanish, German and English.
480 Partners 2,400 Lawyers 3,200 Legal professionals 5,000 Total staff 60+ Offices worldwide*
*includes associated offices Clyde & Co LLP is a limited liability partnership registered in England and Wales. Authorised and regulated by the Solicitors Regulation Authority. © Clyde & Co LLP 2023
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2967124 - 05 - 2023
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