Through a Construction Contract signed on June 21, 2021, TOYOTA commissioned EMER SAC to carry out the project called “Bocanegra Local Relocation Project”.    Lately, TOYOTA found various observations in the project carried out by EMER, which were opportunely communicated to them and were subsequently recognized by EMER; However, they were not corrected.    In strict application of the agreements contained in the Contract, TOYOTA terminated the contract by operation of law for breach of obligations by EMER and applied the agreed penalties.    TOYOTA entrusted us to represent them in the arbitration process initiated by EMER, in which it seeks to ignore the contractual resolution made by TOYOTA, and consequently, order that payment of the penalties incurred is not due; Likewise, they intend to declare the contractual termination for reasons attributable to TOYOTA and grant compensation in its favor. The arbitration claim has not yet been filed.   

Pharmaris, a company specializing in the distribution of pharmaceutical products and medical equipment, entered into a contract with the State Health Supply Center in 2022, whereby pharmaceutical products were acquired for a total amount of USD 3 million. Our client sought our counsel regarding an improper charge of penalties imposed by the State, allegedly due to the late delivery of pharmaceutical products. This case is significant as it pertains to a relatively underdeveloped area in Peruvian Law, namely pharmaceutical law. Furthermore, the importance and value of the contract underscore the significance of the pharmaceutical products intended for administration to the Peruvian population. To date, arbitration proceedings have stated, and we are in the process of constituting the arbitration tribunal.

We are advising Draeger, a German company who manufactures medical and safety technology products. DRAEGER protect, support and save peoples live around the world in hospitals. DRAEGER has more than five arbitrations against ESSALUD, a Peruvian health entity, due to Draeger has sold several medical equipments, which was of great importance to save lives to the people with limited incomes. This public entity has not paid the value of the equipments, which is approximately 500,000.00 Dollars. Consequently, we have filed five (5) Arbitration claims requesting the payment of the goods that have been used to save many lives.

We represent CONSORCIO CERCADO’S, a company established in Peru whose leader is COVALCO CIA LTDA, an important company from Ecuador that has more than 27 years of experience in the electrical, electronic, and mechanical market. CONSORCIO CERCADO’S and Universidad Nacional Pedro Ruiz Gallo (hereinafter, “UNPRG”) signed a contract for the provision of conditioning and maintenance services for the laboratories and classrooms of various faculties of the UNPRG. The controversy begins when the UNPRG stops recognizing payments to CONSORCIO CERCADO’S for the services performed. In addition, UNPRG decided to hire a third party to carry out the missing services. Finally, the UNPRG unilaterally decides to terminate the contract in contravention of the Peruvian law. Up to date, UNPRG owes CONSORCIO CERCADO’S the approximate sum of S/ 5’000,000.00 soles, around USD 1.3 million Faced with this situation, CONSORCIO CERCADO’S initiated arbitration against UNPRG, before the Lambayeque Arbitration Center.

TDM is a well-established Peruvian company that is a leader in Latin America in engineering solutions, supply, and installation of construction products for large infrastructure projects, mining, and other sectors. We are representing TDM, in an Arbitration against National Water Authority (ANA), in which we request to the Arbitral Tribunal (i) to declare the nullity of the rejection of the contract extension deadline resolution, (ii) that ANA indeed extended the deadline of the contract (iii) and several payments for concepts like services, maintenance cost of the guarantee letters, etc. (iv) and the confirmation that ANA has charged illicit fines to TDM. The current case involves complex technical knowledge, because TDM had to install and operate metal meshes to contain the rockslides in one the most populous regions of Lima. However, the execution of the contract was delayed by the ANA, nevertheless the delay was ANA’s fault, which imposed several fines to TDM and rejected the extension of the deadline. In this case, the Arbitral Tribunal handed down an arbitral award partially in favor of our client and partially in favor of ANA. Therefore, we filed an annulment claim against the point of the arbitral award not favorable to our client, and successfully got a founded claim. It is important to take into consideration that only 10% of the annulment claims in Peru are declared founded. Pursuant to our successful annulment of the original Award, the matter has been remitted back to the Arbitral Tribunal for further consideration, and we are awaiting the issuance of a new Award.

We represent one of the companies of BLUE STAR GROUP, an Argentine company that opened its first store in 1995. It currently has a presence in eight (8) countries with more than 800 stores and e-commerce points. The company we represent is called BIJOU PERÚ S.A.C. The controversy began when Scharff, the company in charge of declaring the merchandise that BIJOU was bringing from abroad to Peru to customs, did not declare it completely, which is why Customs seized BIJOU’s merchandise and kept the merchandise that was going to be sold at Christmas 2022, causing damages to BIJOU. The damages suffered by BIJOU are valued at US$ 700,000.00 plus interest. Currently, the arbitration is in the evidentiary stage and the parties will discuss the report that values ​​the damages suffered by BIJOU.

We advise ACS, belonging to Conduent, a French American company. ACS executed one of the most substantial contracts with the Urban Transportation Authority (ATU in Spanish) for the deployment of video surveillance cameras, designed to implement a traffic enforcement system enabling the ATU to effectively monitor and regulate traffic flow on key avenues in Lima, the capital city. The value of this Contract exceeds USD 10 million. ACS approached us to advise on pursuing arbitration, owing to the ATU’s failure to perform its obligations and facilitate project completion over a period of three years. As a result, an arbitration has been initiated to seek compensation from the ATU for breaching the contract and causing losses to ACS. As of the current date, arbitration has been initiated, and we are currently within the deadline for submitting the Claim.

We advised SARPLAST PERU S.A.C. in the filing of a petition for the initiation of bankruptcy proceedings against the company 2H INGENIERIA Y CONSTRUCCION S.A.C., due to the debt maintained by the latter within the framework of an out-of-court settlement. In this case, SARPLAST PERU S.A.C. and 2H INGENIERIA Y CONSTRUCCION S.A.C. executed an out-of-court settlement to agree on the payment of certain amounts owed by 2H INGENIERIA Y CONSTRUCCION S.A.C. Due to the non-compliance of 2H INGENIERIA Y CONSTRUCCION S.A.C. with the agreement, it was proposed as a strategy to the client to initiate a bankruptcy proceeding against this company, to be able to obtain the collection of the receivables. We also advised in the elaboration of the documentation for the initiation of the bankruptcy proceeding. To date, the case is ongoing.

We advised TDM Construcción S.A. in the submission of the recognition of credits petition before Indecopi, the Bankruptcy and Restructuring authority, within the insolvency proceeding of Ingenieros Civiles y Contratistas Generales S.A. (ICCGSA). Our team reviewed the documentation regarding the debt before TDM Construcción and formulated a strategy in relation with the obtention of the full pending credits in favour of TDM Construcción. The legal advice involved our active participation in the creditor meetings called, the approval of the restructuring plan and the company is monitoring that the acts agreed in the schedule of the plan are carried out to proceed with the payment of the creditors.

We advised TDM Ingeniería S.A.C. in the submission of the recognition of credits petition before Indecopi, the Bankruptcy and Restructuring authority, within the insolvency proceeding of Ingenieros Civiles y Contratistas Generales S.A. (ICCGSA). Our team reviewed the documentation regarding the debt before TDM Ingeniería and formulated a strategy in relation with the obtention of the full pending credits in favour of TDM Ingeniería. The legal advice involved our active participation in the creditor meetings called, the approval of the restructuring plan and the company is monitoring that the acts agreed in the schedule of the plan are carried out to proceed with the payment of the creditors.