Can’t We All Just Get Along?
We know our way around conflicts and cross-border disputes, and we help our clients resolve them as quickly and painlessly as possible — yes, we said “quickly and painlessly.” Our understanding of Latin American contexts and cultures enables us to conquer all the back-and-forth with professional polish and a local perspective you can’t get from other firms.
For issues that can be resolved outside the courts, we employ alternative methods like international arbitration or mediation. And as for cases that do require court involvement, you can trust that our attorneys are well versed in the practice of transnational litigation.
- Successfully represented the Republic of Panama in a US$62M ICSID claim related to an electricity power generation project. The award fully dismissed all claims against Panama on the merits and granted an award of over US$4M in legal fees and costs, and a subsequent annulment claim by the claimants was dismissed due to the claimant’s failure to pay ICSID’s fees.
- Obtained a favorable result for the Republic of Guatemala in its first ICSID case under CAFTA-DR. The matter involved a claim by a US investor for more than US$65M, plus interest and costs. The Tribunal dismissed the majority of the claims, and ordered the claimant to return its interests in the Guatemalan railroad to the Republic; in the same case, a favorable result was obtained for Guatemala, in connection with a request for rectification and supplementation of the award seeking additional damages.
- Directed and documented pre-trial negotiations and settlement of disputes, in controversies arising from oil trade (sale and purchase, supply, derivatives) and shipping contracts (seaworthiness, safe port, laytime and demurrage, deviation, off-hire, force majeure, liens, collisions, general average).
- Advised a Caribbean country on three investment arbitrations related to a concession agreement
International Trade and Investment Law
The Land of Opportunity
It’s no secret that international trade and foreign investments are a big deal for developing countries. Unfortunately, many people are too afraid to put their assets in nations with political and economic instability. What’s an investor to do?
Allow us to open you up to the opportunities of Latin America and the Caribbean. We understand the ins and outs of these countries and investment law, so we can help you make solid decisions. Our team will work closely with you to create strategies that protect you, mitigate risk and benefit from existing investment treaties. All that, and we even help sovereign states negotiate new treaties by providing advice, risk analysis, drafts, and modifications and superior support on all things international law.
- Advised the Caribbean Community (CARICOM) on its draft model investment chapter for free trade agreements.
- Advised on investments and international projects, as well as short and long term commercial agreements, drafting, negotiating, and implementing legal documents and contracts, including specific projects and joint ventures with international partners.
- Advised a Multilatina on CARICOM law
- Participated in trade negotiations related to financial services in the Andean Community, and the Common Market of South America (MERCOSUR).
- Advised a South American country in the negotiation of the WTO’s financial services commitments
- Advised private clients on public and private bidding processes in Latin America
Drafted and negotiated international commodity trade contracts, including contracts for the sale and purchase of crude oil and petroleum products, sale and purchase of assets, service agreements, leases, and derivatives on commodities (ISDA)
Keeping People Honest
The goal here is to prevent and eradicate fraudulent conduct–obviously–and we do it two ways:
1) The Foreign Corrupt Practices Act (FCPA) has both anti-bribery and accounting provisions. All are loaded with complex legal details and descriptions, but here’s the short and sweet version: the anti-bribery provisions prohibit people and companies from bribing foreign government officials to obtain or retain business, and the accounting provisions require issuers to keep accurate books and records (no falsification allowed) that are managed through an adequate system of internal accounting controls. We help our clients stay compliant by offering FCPA training, compliance programs, internal investigations, risk assessments, voluntary disclosure assistance and more.
2) We also know the ropes of multilateral development banks and can help prevent and resolve related fraud and corruption issues. If you are a corporation or individual, we can represent you at sanction proceedings, monitor compliance, design programs, conduct internal investigations, and more. If you are the bank, we can offer advice on prevention policies and provide on-site training for your officials and personnel. We can also assist sovereign states with capacity building.
See? It’s good to know people who can keep you honest.
- Represented a Latin American businessman in a money laundering investigation before Homeland Security
- Represented a FORTUNE 500 company in an internal investigation of alleged violations of the FCPA.
- Advised a Latin American company regarding an FCPA investigation and the whistleblower provisions of the FCPA.
- Conducted investigations under Multilateral Development Banks’ sanctions proceedings