Dispute resolution in Ecuador
Carmigniani Pérez Abogados stand out for its strong track record in construction, infrastructure and investment arbitration, and is also well versed in arbitration-related litigation, and disputes arising out of cross-border transactions. Commercial and banking litigation also feature in the team's caseload. Eduardo Carmigniani in Guayaquil has longstanding experience acting as counsel to national and international companies in disputes, and he also sits as arbitrator. Hugo García Larriva's practice is just as broad; the pair jointly lead the team. Roberto Carmigniani made partner in early 2020. Since publication, the firm has hired former Dechert LLP international counsel, Álvaro Galindo, as a partner (effective, January 2021).
‘The firm has a very strong sense of closeness and commitment to the client.’
‘Very good lawyers dedicated to different areas, who put together the best team depending on the situation and are always up to date on all legal issues.‘
Power China Corporation
Unilever Andina Ecuador
SBA Communications Corporation
Conservas del Mar Marconservas
- Successfully represented Valango in a constitutional procedure aimed to reverse the National Public Procurement Service’s request for information which threatened to suspend the execution of the contract for waste collection awarded by the municipality of Guayaquil to Urvaseo Consortium.
- Acting for a Power China subsidiary in Ecuador in a judicial procedure to request the annulment of various tax determinations issued by a municipality.
- Representing Conecel in a constitutional recourse regarding a denied annulment filed before the Constitutional Court.
- Acting for Holcim in a constitutional case regarding the enforcement of a previous ruling of the Constitutional Court.
Coronel & Pérez is a popular choice for national and foreign companies in international and investment arbitration as well as litigation proceedings before a variety of courts. The team is experienced in disputes against the government and government entities. César Coronel Ortega is a seasoned practitioner, who has particular knowledge in the areas of consumer products, energy and private clients, while Hernán Pérez Loose in Guayaquil has notable expertise in civil, administrative and constitutional law. Jorge Sicouret Lynch and Boanerges Rodríguez Freire are also noted.
‘It’s a wonderful, very sophisticated and competent law firm.’
‘Both Hernán Pérez and César Coronel are excellent lawyers with a very solid legal background and a high professional level.’
Aecom (Inocsa Ingenieria)
Gente Oil Ecuador
HSB Solomon Associates
Fundación Andina para la Observación y Estudio de Medios (FUNDAMEDIOS)
Kimberly Clark Ecuador
Profesores Universidad de Guayaquil
Compañía Mexica de Radiología
Dow Chemical Company
Hero Charm Investment
- Acting for AMDOCS in several trials before the Administrative Contentious Tribunal in Quito and before the Constitutional Court regarding public procurement conflicts between AMDOCS and Corporación Nacional de Telecomunicaciones.
- Representing Gente Oil in an arbitration against Ecuador.
- Assisting Alstom Transport with potential and current conflicts with the municipality of Cuenca regarding the contract for the construction and operation of the TRAM system in the city of Cuenca.
- Acting for Egis International in contractual conflicts with the public administration.
Formerly FERRERE Ecuador, the dispute resolution team at new firm Robalino Law (which span off in December 2020), is accustomed to participating in complex regional and multi-jurisdictional disputes. It has a strong track record in international arbitration and litigation proceedings, in which the group acts for international companies, often from the energy and natural resources sectors. Practice head Javier Robalino Orellana has experience as both legal counsel and arbitrator. Andrés Donoso brings oil and gas expertise to the table, while senior associate María Teresa Borja is well versed in mining disputes. Of counsel Luis Carlos Fernández and senior associate David Toscano are also notable practitioners.
‘The professionalism and dedication to the work of all members of the arbitration team stands out; they are on par with the world’s best arbitration desks.’
‘The firm has deep knowledge in matters of public law (regulatory, tax, oil & gas) as well as a very good team of arbitration, with people trained in common law and civil law and good work ethic.‘
‘Javier Robalino is always very aware of political and regulatory matters that may affect the client.’
‘Proactivity, honesty, dedication, disposition, strategy and deep knowledge of the applicable law can be seen from María Teresa Borjas and Andrés Donoso.’
‘Work from David Toscano is fast and of excellent quality.‘
CNH Industrial Brasil
Carlson Wagonlit Travel (CWT)
Internexa / Internexa Perú
- Counseled Internexa and Internexa Perú in a CIAC arbitration against Corporación Nacional de Telecomunicaciones CNT for breach of contract under a network infrastructure lease agreement and a joint venture agreement.
- Representing Liberty Seguros in domestic court proceedings against Corporación Eléctrica del Ecuador – CELEC regarding a $3.5m claim under an insurance contract covering a hydroelectric project.
- Advised Carlson Wagonlit Travel on the enforcement of an ICC award issued against an Ecuadorian company for the violation of an international associate partner agreement.
- Handling all litigation cases of Uber in Ecuador, litigating over 200 cases each month.
Pérez Bustamante & Ponce fields a team of experienced practitioners in arbitration, litigation and mediation, who work closely with colleagues from across the firm's different practice groups in order to handle a range of contentious matters. The firm is particularly reputed for its handling of constitutional law cases, where it acts for clients from a variety of industries. The sizeable team is led by arbitrator and litigator Rodrigo Jijón-Letort; he is supported by Guayaquil-based Juan Manuel Marchán, who specialises in M&A and infrastructure disputes; procedural and civil law specialist Edgar Ulloa Balladares; and Edgar Acosta, who is well versed in administrative law and public contracts. At the senior associate level, Maria Isabel Aillón, Javier Jaramillo, José David Ortiz, Alegría Jijón-Andrade and Patricio Quevedo stand out.
‘PBP’s lawyers have excellent knowledge not only of the regulations but also of the complexities of the Ecuadorian judicial system and, to that extent, they generate strategies to deal with cases.‘
‘Building a case with the Pérez Bustamante & Ponce litigation team guarantees a prior evaluation of the strengths and weaknesses of the case that allows the client to evaluate better decision-making, in the face of different scenarios.‘
‘Knowledge, closeness to the client and the generation of ideas and strategies. The support in this branch of the lawyer Edgar Ulloa is excellent.’
‘Edgar Ulloa Balladares and Rodrigo Jijón have an excellent legal and business approach when analyzing a litigation.‘
ACS Group (Tesca, Maessa y GLP)
Ecuadorian Chamber of Mining
Merck Sharp & Dohme (including Shering Plough del Ecuador)
Nobis Group and Pachano Group (Conprogra, Hotecu y Operinter)
Conclina Group (Metropolitan Hospital and Humana)
Industrias Lácteas Toni (part of Arca Continental)
Automores y Anexos (AYASA)
- Defended Maessa and Tesca in four lawsuits filed against the Public Hydrocarbons of Ecuador to recover damages for the unilateral termination of contracts in relation to three major projects in the Refinery of Esmeraldas and one project in the Refinery of La Libertad.
- Advising Cardno on a significant dispute resolution strategy against Ecuador’s electric company CELEC regarding breach of several contracts related to supervision of the construction of 3 iconic hydroelectric power plants.
- Acting for Abbott Laboratories in various IP-related lawsuits.
- Representing Quiport in four litigation proceedings challenging resolutions of civil liability ordered by the Comptroller General’s Office against the company.
Bustamante & Bustamante is noted for its expertise in civil, labour, bankruptcy, taxation and administrative cases, in which the dispute resolution team works closely with other departments. Its client portfolio includes companies in the food and beverage, consumer products and construction sectors, as well as banks and government agencies. José Rafael Bustamante Espinosa has experience in multiparty class action lawsuits and appellate proceedings; he leads the practice alongside Juan Felipe Bustamante. José Rafael Bustamante Crespo and associates Francisco Alvear and Antonio José Pérez are also highlighted practitioners.
Smith & Nephew
China Railway No. 9
Banco del Pichincha
Petroecuador EP / Corporación Estade
- Counseled Smith & Nephew in a lawsuit against the company concerning the termination of a distribution contract.
- Supported Industrias Ales by filing a claim for unilateral and early termination of a distribution agreement against Case International.
- Acted for a client in an arbitration initiated by a major company in the telecoms sector.
Consulegis Abogados has a strong focus on litigation, with notable experience in multi-jurisdictional disputes. The Guayaquil-based team works closely with other practice groups of the firm, which adds value in proceedings involving criminal, antitrust, labour and commercial law, among other areas. It is also noted for its ability to handle the media and political aspects of cases. Practice head Xavier Castro Munoz also represents clients in freedom of press matters. Criminal law specialist Carlos Cortaza Vinueza and Carlos Martinez Viteri are other key practitioners.
Claro – Conecel
Omnilife del Ecuador
National Lottery of Ecuador
Boanerges Pereira Espinoza
- Defended Conecel in a claim for the compensation of moral damages by an individual.
- Represented Ovalcohol in fines cases initiated by SENAE as well as in insurance matters, after goods were destroyed in a fire.
- Acted for Conecel in an administrative procedure against Arcotel.
CorralRosales' experience spans civil, commercial and administrative litigation, and the team is also active in domestic and international arbitration. Clients from across the aviation, automotive, banking, insurance, pharmaceutical, retail and telecoms sectors seek the team's representation, and the firm has seen particular growth in its Guayaquil office, where it has worked with several new clients in local cases. Santiago Palacios, who leads the practice, is well versed in multi-jurisdictional disputes; Xavier Rosales' practice covers contentious competition, corporate and infrastructure matters.
‘The provided advice is spot on, clear and practical as well as laid out in such a way that the path forward, while it may be difficult, is understood and actionable.’
‘The lawyers are available, responsive and simply get the work done.‘
Elementia – Eternit
Productos Químicos Panamericanos
Acerías del Ecuador C.A. ADELCA
- Representing Indra in a claim against the General Comptroller’s Office, which issued an assessment for approximately $23m for allegedly not fulfilling a government procurement agreement.
- Advised Banco Pichincha on a claim brought by a local entity Inbuseretp for alleged damages amounting to $2m.
- Assisted Productos Familia with a claim against a fine imposed by the Secretariat of the Andean Community.
A major strength of ECIJA GPA's dispute practice is its experience in representing clients in national and international arbitration proceedings relating to contracts and investment protection agreements. The team, which comprises former Gonzalez Peñaherrera & Asociados lawyers, also handles administrative and civil disputes before relevant courts; here, Juan Carlos Montenegro, who also specialises in labour law, is the key contact. Montenegro leads the practice jointly with Blanca Gómez de la Torre, who is experienced in cross-border disputes. Camila Andrade and Juan Domingo Cárdenas are also noted.
‘Team of lawyers with great competence in litigation and arbitration matters.’
Cámara de Comercio de Quito CCQ
VG Inversiones Forestales
China Hidroelectricidad Ingeniería Consultorio Grupo
Compañía Combustibles del Ecuador (Comdecsa)
Servicios Drilling Technologies
- Assisted Banco Pichincha with cases against debtors.
- Acted for Sonotec in a dispute against the Ecuadorian government regarding a debt it owes the client.
- Defending a client in an arbitration concerning breach of contract claims.
Paz Horowitz Abogados is a go-to destination for representation in civil, administrative and constitutional claims, where the team has experience acting for both national and international companies. The scope of the practice includes litigation and arbitration, with a particular specialism in consumer protection cases. The group's key contacts are Jorge Paz Durini and Agustín Acosta Cárdenas, as well as two new arrivals: associate Leyre Suarez, who joined in May 2019 from Andrade Veloz Abogados, and associate David García, who joined a month later from the General Attorney's Office.
‘Paz Horowitz is a a highly qualified team that correctly gives its best recommendations so that the client can carry out litigation and other consultations in the legal field.‘
‘They are a multi-disciplinary team, very efficient and very focused on the objectives of corporate clients.’
‘The team is very responsive and is capable of handling a variety of matters with skill and professionalism.’
Condon & Foresyth
Automotores y Anexos
Tuscany Perforación Petrolera Tuscanyperf
Oriental Industria Alimenticia
- Representing KLM Airlines in various damages claims.
- Acting for Sevmorgeo in a $21m claim against Petroamazonas and the General Attorney’s Office.
- Representing Quifatex in a breach of contract case against a state-owned entity.
Cevallos Casals Balseca & Bilbao Abogados is instructed to handle disputes relating to procurement and administrative, civil and corporate law. It also provides clients, which are often from the telecoms and technology sectors, with litigation avoidance and mediation advice. Practice head Roberto Bilbao Rosati has experience in both the public and private sector. Daniela Cevallos and Carlos Julio Balseca Avila are also noted.
‘The team stands out through responsiveness, diversity and immediate solutions.‘
China National Electric Engineering
- Assisting Finlink with various collections proceedings.
- Represented CNEEC in an arbitration proceeding at the Arbitration Centre of the Chamber of Commerce in Quito.
Fabara & Compañía
The dispute resolution team at Fabara & Compañía covers a wide range of contentious matters, including administrative, commercial, criminal and constitutional cases; it represents clients in litigation, arbitration, mediation and negotiation proceedings. The client portfolio includes several international companies from the pharmaceutical and insurance sectors, among others. Practice heads Mariana Villagómez Álvarez and Maria Rosa Fabara Vera have more than 50 years of experience between them. Senior associate Christian Fierro García also plays a prominent role in the department.
‘The team is very professional and manages a strategic work scheme that is the differentiator compared to other law firms.’
‘Knowing the client and their needs is what characterizes Fabara.‘
‘Fabara & Compania has a high-level team in all its areas of action.‘
‘Maria Rosa Fabara gives viable and practical solutions and alternatives.‘
Abbott Laboratorios del Ecuador
Aerolane Líneas Aéreas Nacionales del Ecuador
Vial Fabara y Asociados
Basf Quimica Colombiana
Biela y Bebidas del Ecuador (Bielesa)
Caleb Brett Ecuador
Cauciones (en liquidación)
China International Water & Electric Corp
Cusho (en liquidación)
Danziger Dan Flower Farm
Ecuatoriana de Alimentos
Empresa Durini Industria de Madera (Edimca)
Equivida Compañía de Seguros
Embutser – Grupo KFC
Hospital Vozandes Quito
PepsiCo Alimentos Ecuador
Rednet Ecuador Ecuarednet
Saludsa Sistema de Medicina PrePagada del Ecuador
Sociedad Agropecuaria Callo Mulalo
Swissoil del Ecuador
- Defended Laboratorios Bussié in an arbitral process regarding the termination of a distribution contract.
- Representing Abbott Laboratorios in ongoing litigation against a judicial appeal submitted by Eskegroup against the decision of the Ecuadorian Competition Authority to close an investigation.
Lexvalor Abogados is regularly instructed by public and private-sector clients to assist in disputes involving finance, trusts and real estate; here, the dispute resolution team works seamlessly with the relevant practice groups of the firm. Public procurement-related litigation is an area of recent growth. Team head Daniela Irigoyen Samaniego is a specialist in trusts and funds. She is supported by Juan Francisco Almeida Granja and associate Mariela Moreno Vaca.
FIDEVAL Administradora de Fondos y Fideicomisos
Consultora Irigoyen y Asociados
Consorcio del Pichincha
Banco del Instituto Ecuatoriano de Seguridad Social
Pontificia Universidad Católica del Ecuador
Etica Empresa Turística Internacional
- Carried out recovery proceedings regarding credit balances owed by both private customers and the Ecuadorian government for auto-dealer Vallejo Araujo.
- Acted for Imbauto in judicially recovering a number of vehicle financing credit facilities on its behalf.
Dispute resolution is a core area of focus for López Ribadeneira Mora, which, despite being a relative newcomer in the market following its launch in 2018, has already established an active practice. The team is well versed in administrative proceedings, but is also able to handle judicial, civil, commercial and labour litigation. Many of the team's clients are active in the construction, natural resources, consultancy and telecoms sectors. Daniel López Suárez has experience in proceedings against public institutions; like Sebastián Mora, with whom he jointly leads the practice, he also has particular expertise in public procurement-related matters. Associate Daniela Fernández is also noted.
‘Competent lawyers with strong knowledge, especially in the field of administrative law and public contracting.’
Consortium Cueva – Bran
Municipio de Azogues
- Represented Rey Banano del Pacífico (Rexbanpac) in judicial and administrative proceedings to revert the award of an area of land against the Ministry of Agriculture.
- Acted for a group of individuals before the Administrative District Court and the National Supreme Court against the Comptroller General’s Office, invalidating civil responsibilities and fines determined against the clients.
With offices in Quito and Guayaquil, Noboa, Peña & Torres, Abogados has a good coverage of the market; the team acts for clients from the public and private sectors in arbitration, litigation and mediation proceedings. Team head Gonzalo Noboa Baquerizo has a broad practice spanning from commercial and corporate law to administrative and criminal law. Other key team members are Patricio Peña Romero and Sebastián Cortez Merlo and director Margarita Vélez Casanova.
‘The team is always attentive to the needs of the client and has the time and the availability to help and attend to them with all the issues of the city of Guayaquil. Its response times is excellent and it is always focused on understanding more about the needs of the client’s business and exploring in depth the problems.‘
‘Personalized attention and prompt response to different queries.‘
Union Ferretera (Unifer)
Ecuatoriana de Aluminio (Cedal)
Gente Oil Ecuador
Abl Pharma Ecuador
Tomislav Topic Granados
Kimberly Clark Ecuador
Unidad Educativa Particular Javier
- Represented Lubrisa in a civil suit aimed at lifting its corporate veil.
- Acted for Ubesa in a civil suit for moral damages filed against the company.
Pino Elizalde Abogados is noted for handling constitutional, administrative and civil proceedings for household name clients, including companies with multinational operations. The team, which handles litigation as well as arbitration, is led by public law specialist Marco Elizalde. Other prominent practitioners are Daniel Pino and senior associate Jorge Cedeño.
‘Daniel Pino and Marco Elizalde are professionals of the highest level with excellent attention to their client’s cases.’
Bank of Moscow
Loius Dreyfuss Company
- Counseled Bank of Moscow in a lawsuit against the Internal Revenue Service regarding the state’s responsibility for damages caused during an administrative process.
- Successfully developed a defense plan for Cervecería Nacional in order to overthrow a decision ordering the client to pay a significant amount to former employees.
The dispute resolution practice at Quevedo & Ponce handles a wide range of cases, from inheritance and tax litigation to constitutional, criminal, human rights and family disputes. The team also represents clients in arbitration. IP specialist Alejandro Ponce Martínez, Ernesto Guarderas Izquierdo, Juan Esteban Ponce Villacís and María Daniela Román Aguinaga are noted.
Romero Arteta Ponce
Romero Arteta Ponce is noted for its strong arbitration practice, and also handles litigation and mediation. Its caseload often includes labour, energy, real estate and corporate cases, where the team works closely with the firm's other departments. Practice head Diego Romero has more than 25 years of experience in the field. Amparo Romero, Gustavo Romero and associate Gabriela Villagómez are also key practitioners in the team.
‘Diego Romero is a lawyer with extensive experience in resolving disputes in the arbitration field, for which he has vast knowledge in the matter. He is always available for any questions or queries.‘
Westcon & Comstor Americas
Toyota del Ecuador
General Electric GE
Zaimella del Ecuador
The Church of Jesus Christ of Latter-day Saints
- Acting for a client in a UNCITRAL arbitration regarding a claim for the termination of two contracts.
- Defended General Electric in three lawsuits regarding the termination of distribution agreements in Ecuador against Indexport and Findex.
Sempértegui Abogados handles arbitration, litigation and mediation, and is particularly active in tax, administrative, corporate and civil cases; in these, the team works closely with other departments of the firm. Leonardo Sempértegui leads the team, and Santiago Salazar, who is also well versed in commercial law, is another key contact.
Gonzalez Cano Diego Alfredo
Del Pozo Guillermina Del Carmen
La Cuerda Produccion Audiovisual Cuerdavisual
- Represented an individual in a request for the termination of a contract with the municipality of Archidona.
- Acted for an individual in the constitutional process of claiming his right of his property against the Ecuadorian state.