More than twenty lawsuits over water use licences. Our firm is representing IQF—an international fruits and vegetables cultivation company—in over twenty complex lawsuits related to the denial of water use licences for multiple wells by the National Water Authority. Each lawsuit concerns a well that supports a significant number of hectares of our client’s crops. Unconstitutional basis of retroactive regulation application: The denials are based on the unconstitutional and retroactive application of a regulation that came into effect after the water use licence applications were submitted. Successful rulings achieved in nearly every case: We have successfully secured favourable rulings in 90% of the cases, overturning the administrative authority’s decisions. Paramount assets for client’s operations in water-stressed region: The denial of water access has a severe economic impact on IQF, jeopardising the company’s operations. For its business activities, IQF relies on water from wells located in its agricultural land in Ica, Peru—a region where water is extremely scarce. Latest development: Our firm continues to advise the client on the remaining cases.

Dispute over unwarranted fine imposed by Ministry of Production. Estudio Olaechea is representing Peruvian Andean Trout—an industrial aquaculture company—in a dispute concerning a fine imposed by the Peruvian Ministry of Production. The fine was applied because of our client’s allegedly illegal occupation of areas supposedly not granted in concession. Challenge to nullifying sanction based on legal principles: Our firm has filed a lawsuit seeking to cancel the imposed sanction, arguing that it violates key principles of legality, typicity, and reasonableness that govern administrative procedures. Successful ruling in trial court: We have secured a favourable judgement for our client in the trial court and are now awaiting the appeal. Complexity arising from erroneous calculation of imposed fine: The complexity of this case lies also in demonstrating that the calculation used to determine the fine is incorrect. The calculation is intended for assessing the loss of marine hydrobiological resources, rather than for trout farming, which involves the client harvesting its own hydrobiological resources that have been “planted” in advance. Crucial matter to challenge significant economic damage from fine: This lawsuit is of utmost importance for the client, as it seeks to challenge a substantial fine that has been wrongly applied, causing significant economic harm. Latest development: Our firm’s work on the matter is ongoing.

Lawsuit against municipality over denied port expansion licence. Estudio Olaechea is representing APM Terminals—the concessionaire of Peru’s most important port—in a dispute against the Municipality of Callao over the denial of a construction licence for the terminal’s expansion. Recognition of automatic approval for licence: Our firm is assisting the client in seeking judicial recognition that it holds a valid construction licence under a regulation that grants automatic approval. This aims to prevent fines for starting construction allegedly without a licence. Successful fine overturning for allegedly unauthorised construction at port: Our firm was able to successfully overturn a fine imposed on APM Terminals for constructing infrastructure at the port terminal without the so-called proper licensing. Unfavourable outcome threatens expansion and risks millions in fine: This case is highly significant for the client, as an unfavourable outcome could impact its commercial growth. Additionally, it could significantly hinder the expansion of port infrastructure and potentially result in a multimillion-dollar fine. Latest development: We continue to provide legal support in the ongoing litigation.

Lawsuit aiming to nullify client’s favourable court ruling. Estudio Olaechea is representing Toyota del Perú—a subsidiary of the Japanese multinational automotive manufacturer—in a proceeding brought against it by Peru’s National Superintendency of Tax Administration (SUNAT), which seeks to nullify a tax court resolution in favour of our client. Tax recalculations tied to previous balance and payments: This resolution had ordered SUNAT to reassess Toyota’s 2010 Income Tax based on the outcome of its 2009 Income Tax assessment, specifically regarding the balance carried forward from previous years and advance payments made from March to December 2010. Superior Court overturns unfavourable ruling dismissing counterparty’s claim: We secured a favourable ruling in the Court of Appeal. The Superior Court overturned an earlier unfavourable decision and dismissed SUNAT’s claim upon its appeal. Significant controversy and complex tax comparability issues: The client has repeatedly described this as its most significant legal case currently pending. Toyota has entrusted us with a dispute involving a substantial controversy and a highly complex matter concerning the comparability analysis used to determine its liability. Latest development: Our firm continues to advise the client on the matter.

Ownership dispute over water well for irrigating agricultural lands. Estudio Olaechea is representing Viña Tacama in a dispute over the ownership of a water well, which is also claimed by Cooperativa Agraria Señor de Luren. The well is important for irrigating agricultural lands used by the client. Counterparty claims ownership through public deed of donation: Cooperativa Agraria Señor de Luren issued a public deed of donation of the well to a third party to assert their ownership. In response, we requested that the public deed of donation be declared null and void. Analysis by Supreme Court after two favourable court rulings: Our firm successfully obtained rulings in both the trial and appellate courts, declaring the public deed of donation null and void. The case is now before the Supreme Court, as the defendant has filed a cassation appeal. Leading wine producer with 400 hectares of vineyards: Viña Tacama is the leading wine company in Peru, with approximately 400 hectares of vineyards, producing a variety of wines, sparkling wines, and piscos. Essential resource for irrigating land and sustaining agriculture This case is crucial for our client, as without access to water, the land cannot be irrigated. Without irrigation, agricultural land cannot produce crops. Latest development: Our firm continues to work on the matter before the Supreme Court.

Disputes over unpaid heavy machinery loans. Estudio Olaechea’s dispute resolution team is representing Caterpillar Leasing Chile—part of the Caterpillar group—in disputes over defaults on loan repayments for financing heavy machinery purchases in the construction and mining sectors. Multimillion-dollar recovery and 45-piece machinery seizure: Throughout 2024, our firm has recovered multimillion-dollar sums on behalf of Caterpillar and attained the seizure of 45 pieces of heavy machinery. These seizures are difficult, as the equipment is often in remote areas, including regions plagued by drug trafficking and terrorism. All-encompassing counsel on multiple vehicle seizure and payment disputes: We are also currently responsible for (i) collecting unpaid financings, (ii) seizing leased heavy machinery whose payments are overdue, and (iii) responding to lawsuits and appeals from debtors claiming damages from machinery seizures or alleging overreach by Caterpillar. Over forty disputes up to now have concluded with machinery seizures, while dozens of others involve obligations to pay sums of money in favour of the client. Century-old leader in construction and mining equipment manufacturing: Caterpillar is the world’s leading manufacturer of construction and mining equipment, off-highway diesel and natural gas engines, industrial gas turbines, and diesel-electric locomotives. It has been a global leader for nearly a century. Latest development: Our firm continues to assist the client with these matters.

USD 116 million damages lawsuit against major Peruvian bank. Estudio Olaechea is defending BCP in a lawsuit filed by Cerrón Muñoz against it and other parties, claiming damages up to USD 116 million. Our firm has so far succeeded in having the claim for damages deemed unfounded. Successful defence confirming decision in Superior Court: We have succeeded in having this decision confirmed by the Peruvian Superior Court. This means our client will not be obliged to pay compensation to Cerrón Muñoz. In this sense, we have achieved the issuance of a successful and favourable resolution in the most important dispute faced by our client. Risk of losing collateral in event of co-defendant loss: The lawsuit also requests that CAASAC—a co-defendant—vacate the plant where its operations are located and that the pre-existing buildings be demolished. Our client has secured loan agreements with CAASAC to expand and/or improve the plant where the latter operates. Should CAASAC lose the lawsuit, our client would be left without collateral to secure the repayment of the loans. We are promptly addressing this side of the matter as well. Major player for over a century in Peruvian banking sector: BCP is Peru’s oldest and largest bank. It was founded in 1889 by a group of Italian businessmen. Today it also operates branches in New York and Nassau, with a subsidiary in Bolivia. Latest development: The proceedings are currently at the evidentiary stage as the court has ordered an expert inspection of the site where CAASAC’s plant is located.

Property dispute involving alleged prior registration in public office. Estudio Olaechea is defending the Santa María del Mar Association in a property dispute initiated by the counterparty, who claims they hold an earlier property right than the client’s, based on a supposed prior registration. Successful claim dismissal following discovery of error in proceedings: Our firm is arguing in defence of the Association, asserting that the counterparty’s earlier registration does not establish ownership and, therefore, their so-called property right is invalid. We have successfully had the entire claim declared null and void due to a notification error in the proceedings. Noteworthy case involving valuable land in exclusive commercial area: This case is significant because the property in question spans 29,408.84 m² in one of Lima’s most exclusive and commercially active areas, especially during the summer. The counterparty aims to take control of the land, which has high economic value due to its prime location. Latest development: Our firm’s work on the matter is ongoing.

Lawsuit demanding compensation for Peruvian state due to alleged irregularities. Estudio Olaechea is representing Gerardo Freiberg in a lawsuit for compensation filed by the Comptroller General’s Office of Peru, due to supposed irregularities in our client’s tenure as general manager for COFIDE—a state-owned finance company. We have grounded our defence in the fact that our client did not engage in any irregular activities and is therefore not liable to pay compensation to the Peruvian State. Compensation for alleged irregular financial practices: The Comptroller General’s Office of Peru has filed a lawsuit against the former Chairman of the Board of COFIDE and four other individuals who served as general managers in succession, including our client, claiming that the Peruvian State should be compensated for alleged irregular practices at COFIDE. These include the use of petty cash for snacks and meals. High-profile case dominating media coverage: This case has received wide coverage by national media, making headlines in various outlets, capturing public attention, and fuelling debates. As such, it is a key matter for our client and our firm, given the potentially negative reputational impact. Latest development: Our firm’s work is ongoing as the case is moving into the evidentiary stage.