Client Requirement: Mar Andino Peru is one of the most important aquaculture companies in Peru. Our client develops its activities in the Peruvian mountains and exports its products to various international markets. Under the allegation of the infringement of aquaculture legislation, the Ministry of Production sanctioned our Client with a USD 2 Million fine. Besides the amount of the fine, this allegation implied a serious impact to the well gained prestige of our Client. It requested our assistance to respond this allegation under a team-up organization with its officers because of the many technical factors to be argued.
Our participation: Our team helped the client to evidence that the criteria used by the Ministry of Production was illegal because it intended to apply a rule allocated to the fishing business (not to the aquaculture business) on a wrongful and arbitrary manner. The Ministry used a wrong reasoning because it grounded its allegations in a supposedly depredation of the resources from the lake. We helped the judiciary to understand that such a reasoning was wrong because the Client did not extract any natural resource from the lake. On the contrary, all resources extracted by the Client were previously artificially implanted in the lake by our client and that is why the criterion of the fishing industry should not be considered for the aquaculture business. In order to enforce our legal position, we had to appeal the illegal decision of the Ministry of Production and the Judiciary, based on our solid grounds, decided to rule against the Ministry of Production.
Client benefit: The decision of the judiciary is relevant because it is not usual that the judiciary system reverses a criterion of such high technical content. However our team explanation and well-rounded knowledge of our clients business allowed the judiciary to understand the case clearly.
