Peru

Review

Dispute resolution
BARLAW - Barrera & Asociados

This year, Barrera & Asociados celebrates its ten-year anniversary. Since it was established, the firm has developed a reputation as a leading intellectual property boutique. Their IP work includes the full spectrum of services – from prosecution to enforcement, patents to copyrights, and everything in between.

The young firm was founded by intellectual property litigators Adriana Barrera and Maria Ines Herrera who together bring over 40 years of experience to clients. Barrera specializes in assisting clients with trademark litigation, handling both the prosecution and enforcement of trademarks. Recently, she has been engaged in trademark infringement actions, defending and enforcing the trademarks of major brands such as Gucci and Chanel. In the last year, she has been involved in handling numerous anti-counterfeiting actions for global companies like Adidas, Tommy Hilfiger and Proctor & Gamble. Herrera is also deeply experienced in intellectual property matters as well. Her recent work has included initiating a criminal action that successfully stopped the importation of counterfeit goods following an investigation.

Cuatrecasas

Cuatrecasas manages a global network of 28 offices worldwide and has maintained its presence in Latin America for over 20 years. The Peru office is well-known for its strong arbitration capabilities. The arbitration practice handles both national and international arbitration proceedings. Domingo Rivarola leads the firm’s litigation and arbitration practice at the firm’s Lima office. Rivarola regularly represents both private and government entities in multi-million dollar arbitrations. He has recently defended several public entities in arbitration, including Peru Masivo (Transmasivo) in an action related to the rate increase initiated by concession companies of Lima’s main public transportation system. Rivarola is also experienced in handling international arbitrations. Since 2016, he has been representing the international consortium that was responsible for designing, financing, building, operating, and maintaining two lines of subway system in Lima. The consortium is engaged in a billion dollar international arbitration against the Republic of Peru before the ICSID.

Osterling Abogados

Osterling Abogados is recognized for its wide range of services that span litigation, arbitration, and dispute resolution. In addition to its capability to handle sophisticated insurance-related disputes, the firm is also well-known for complex civil, commercial, tax, labor, intellectual property, administrative, and constitutional matters. The firm routinely handles multi-million-dollar cases for clients.

Expert arbitrator Enrique Ferrando is actively engaged in numerous proceedings. He continues to be recognized as a Top Arbitrator in Peru for Benchmark Latin America. In addition to his arbitration practice, Ferrando continues to be active in civil and commercial disputes, representing companies in the industrial, energy, banking and insurance sectors. He is handling an arbitration for Spanish company COBRA in a proceeding that has the potential to set a precedent regarding the penalty clauses included in public contracts and the state-owned companies. Gabriel Loli serves as co-chair of the insurance and reinsurance practice group of the firm. His practice also focuses on arbitration proceedings, as well as public and construction law disputes. Ferrando and Loli continue to defend Rimac Seguros y Reaseguros in an ongoing arbitration relating to claims of an alleged indemnification for damages and loss of profit arising from a policy entered between the claimant, Luz del Sur, and Rimac. Mauricio Martinez leads the litigation and dispute resolution group and maintains an active practice in civil and commercial litigation and international arbitration. He recently received a win for client Costelo Branco in two actions against SIGSAC, successfully recovering property that SIGSAC illegally possessed. Following the win obtaining the properties, Martinez initiated proceedings for the client to be compensated for the serious damages caused by the loss of the facilities for seven years. In another commercial dispute, Martinez is litigating against the City Council of Lima and the Ministry of Housing on behalf of Inmobiliaria Santa Felicia, whose land was allegedly illegitimately confiscated by the state. The result of the case could set a precedent for other cases involving the state’s confiscation of large areas of land. Arturo Tello leads the firm’s intellectual property and competition practice. Tello is routinely engaged in IP litigation with a significant practice in trademark opposition and enforcement.

Philippi Prietocarrizosa Ferrero DU & Uria

The Peruvian office of Philippi Prietocarrizosa Ferrero DU & Uría is routinely involved in arbitration proceedings and commercial, civil and administrative disputes. The litigation group is particularly effective in infrastructure and regulation disputes, having represented the biggest telephone operator in Perú against a telecom regulatory agency. The firm’s clients range in size and sector – from a large mining company to a highway concessionaire.

Litigation star Ramiro Portocarrero has been involved in some of the country’s biggest energy regulation arbitration proceedings and continues to assist clients in international arbitration matters before the ICC. He successfully persuaded the Superior Court to vacate and annul an award that was favorable to the opposing party, GyM. The award would have forced the client, Empresa de Generación Eléctrica Machupicchu, to pay $13 million. Sebastian Basombrio is a litigator who emphasizes on judicial and arbitration conflicts related to commercial, contracts, energy and infrastructure disputes. Basombrio is routinely involved in national and international disputes, often engaging in numerous negotiations for high-profile clients. He has recently handled a COVID-19 related action, which suspended toll collection and overrode the compensation mechanisms stipulated in the contracts between the concessionaries and the Peruvian State. Basombrio represents both Autopista del Norte and Concesionaria Vial del Perú in the constitutional process and recently obtained an injunction suspending the application. Following the injunction, the Constitutional Tribunal declared the law unconstitutional.