Dispute resolution in Uruguay
FERRERE’s sizeable dispute resolution team is roundly praised for its ‘very talented and experienced’ lawyers and its ‘expertise in complex cases’. The firm’s regional network and international law firm connections are also a recurring theme, with sources highlighting its ‘enormous experience in cross-border disputes’. The standalone practice is well-equipped to advise on the full spread of contentious issues, from commercial to constitutional and administrative litigation, as well as local and international arbitration. Seasoned litigator Sandra Gonzalez heads the group and is ‘very sharp and effective’. Alejandro Pintos is another experienced name and specialises in commercial disputes. The ‘extremely knowledgeable’ Soledad Díaz is a talented up-and-coming partner and has an emphasis on construction, energy and infrastructure cases. Martín Rosati is a talented senior associate.
‘Ferrere is one of the rare firms in Uruguay with a sizeable team fully devoted to dispute resolution, and one of the only south American regional firms with offices in other LatAm countries, which is very valuable for multi-jurisdictional disputes, or if enforcement or other remedies are sought abroad.’
‘Ferrere’s team is very solid in resolving disputes in Uruguay, always providing relevant and strategic opinions and comments to define the course of action.’
‘The extensive experience they have and the orientation towards results in the recommendations they make, mark the firm as an excellent choice to work on the resolution of disputes in Uruguay.’
‘They have a highly experienced team of both partners and senior associates, as well as younger associates, highly seasoned in arbitration under several rules and who have been involved in the majority of significant construction, energy or infrastructures disputes connected to Uruguay.’
‘The team has enormous experience in cross-border disputes. Lawyers have a varied net of contacts with law firms and experts in many jurisdictions, so as to efficiently assemble the team suitable for each case.’
‘Their expertise in complex cases, frequently involving government entities, gives the team invaluable insight for conducting negotiations and designing and implementing a communication strategy, as well as to globally tackle all other aspects of a dispute.’
‘I have mostly worked with partners Sandra González and Soledad Díaz, as well as with senior associate Agustina Rodríguez and Martin Rosati. They are all impressive and very talented and experienced.’
‘Sandra González and Soledad Díaz are precise and very knowledgeable about Uruguayan law as well as international arbitration practice. They are easy to reach. They both have extensive experience in arbitration, particularly in construction disputes as counsel, and in the case of Sandra Gonzalez as an arbitrator as well.’
‘Sandra González as the head of Ferrere’s practice is extremely proficient in handling complex disputes without losing perspective of third parties or commercial aspects that need to be considered in parallel. She is very sharp and effective in cross examination, as well as in selecting arbitration panels.’
‘Soledad Díaz is highly experienced in dealing with the mechanics of international disputes, is extremely knowledgeable on the law (from a procedural and substantive standpoint) and is uniquely precise and accurate in her advice.’
‘Agustina Rodriguez and Martin Rosati are well versed in developing a case theory from the beginning and in working with experts from a variety of industries, including legal experts and damages experts. Both are very professional and committed to delivering good results.’
Hyundai Engineering & Construction
JP Morgan Chase
- Represented Hyundai Engineering & Construction in bringing a construction-related claim against state-owned utility company UTE, as the owner of a combined cycle power plant,
- Advised ExxonMobil, Shell, Tullow, Total, YPF, Statoil and INPEX in a damages claim brought by fisheries concerning an alleged decline in fish catches due to oil exploration.
- Represented Linzor Capital Partners in a $120m ICSID claim against Uruguay, and also in local litigation, relating to limits on concentration of ownership in the drug retail industry.
- Advised Siena Enterprises in a $160m shareholder dispute stemming from an investment in the largest free trade zone in Uruguay.
- Represented a Seaboard Corporation entity in the bankruptcy proceedings of agribusiness company Cereoil, in which the client has an indirect stake.
The ‘excellent’ practice at Guyer & Regules stands out for its ‘knowledge, experience and efficiency’. The group continues to garner lead roles in many of the market’s most complex cases, with strong skill sets in all key areas of civil, commercial and criminal litigation, as well as local and international arbitration. Construction disputes are a key area of expertise, with banking litigation, administrative law and investment arbitrations also standing out as notable sweet spots. High-profile litigator Carlos Brandes heads the team and brings to bear a strong record in construction litigation and arbitration. Among the other key names, counsel Mariana Santo is noted for her specialist administrative law expertise, while senior associate Ana Paula González maintains the ‘highest professional standards’.
‘An excellent dispute resolution practice, which demonstrates very good teamwork between lawyers and internal teams.’
‘We value the group’s knowledge, experience and efficiency.’
‘The Guyer & Regules litigation team is made up of excellent professionals, who have strong availability, are open to analyse different alternatives and are always ready to listen to the client.’
‘They are people who, in addition to maintaining the highest professional standards, have a unique personal touch, which makes working with the firm a very enriching experience. In particular, he wanted to highlight the work of Ana Paula González and Cecilia Orlando.’
Montes del Plata
Quest Capital Advisers Agente de Valores
Mutual Uruguaya de Futbolistas Profesionales
- Represented GNLS in a $400m arbitral procedure against Construtora OAS relating to the construction of an LNG regasification terminal.
- Successfully acted for Petrobras (PUDSA) and Axion Energy in two separate arbitrations against ANCAP, a state-owned company that holds the monopoly over petroleum importation and refining in Uruguay.
- Successfully represented Quest Capital Advisers Agente de Valores in a complaint filed by an Argentinean investor.
- Advised Banque Heritage Uruguay on criminal and civil actions brought against a former account manager, who perpetrated a fraud against the bank.
- Represented Airbus in a claim filed by Andermar arising from the termination of a contract.
Dispute resolution is a core practice at BERGSTEIN and the firm has experience across the full range of contentious matters, with competition and intellectual property standing out as strong suits. Former Supreme Court judge Leonardo Melos heads the team and is recognised for his antitrust expertise, with strong recent experience in the telecommunications and credit cards market.
Dentons Jiménez de Aréchaga
Dentons Jiménez de Aréchaga is distinguished by its strong record in financial litigation, particularly debt restructuring and bankruptcy matters. However, it has experience across a wide range of contentious matters and routinely advises a mix of local and international clients, including multinational giants such as Google, McDonald’s and Pepsi. Nicolás Brause, who focuses on commercial and financial litigation, co-heads the team alongside Mariela Ruanova, who has an emphasis on financial litigation. Fernando Jiménez de Aréchaga is recommended for arbitration.
‘The team demonstrates knowledge of the rules combined with an intelligent interpretation of them.’
‘Strong commitment to the case and consequences.’
‘They were always at our service, regardless of the challenges. Partners, including Nicolás Brause, were directly engaged in the line of work, which is very reassuring.’
- Represented Banco Itaú Uruguay in its ongoing judicial claim against Cargill.
- Advised Exor International on its $7.1m claim against Uruguayan state-owned oil company, ANCAP .
- Acted for Bow Power on a breach-of-contract claim related to its Vientos de Pastorale wind farm.
- Represented Google in a leading case concerning the right for individuals to have personal data erased from search results.
Hughes & Hughes
Hughes & Hughes’ well-rounded litigation and arbitration practice impresses with its ‘dynamic litigation preparation’ and ‘strong negotiation skills’. The team handles a diverse spread of cases, with niche expertise in bankruptcy, asset recovery, banking disputes and commercial law. Bernardo Porras co-heads the department and specialises in dispute resolution, including asset recovery, insolvency, arbitration and administrative law. Alfredo Taullard is highlighted for his ‘ability to achieve the best results’ and co-leads the group. Senior associate Fernando Barrios left the firm to become an independent advisor in March 2020.
‘Hughes & Hughes’ professionals are highly skilled in dispute resolution.’
‘It is the firm’s policy to always be available to clients and colleagues. This provides for fluent work, dynamic litigation preparation and strong negotiation skills — all of which, in my opinion, increases the possibility of good results.’
‘As for the team of associates, they are young lawyers fully incorporated into the team, all of them specialised in their areas of strength and well-supported by their leaders.’
‘We recommend strong litigator Alfredo Taullard due to his advanced academic training, impressive team leadership skills, international knowledge and ability to achieve the best results.’
Aker BioMarine Antarctic
Akuo Energy Uruguay
American Express Travel Related Services Company
Automotores Motor Haus
Banco Galicia Uruguay
Chembulk Maritime Denmark
Cielo Azul Cemento y Calizas
Enjoy Punta del Este
Generación Eólica Minas
GMO Renewable Resources Uruguay
Group of debtors of Banco Hipotecario del Uruguay
Hipica Rioplatense Uruguay
Khiron Life Sciences
Montevideo Refrescos (Coca- Cola)
Pernod Ricard Uruguay
SC Johnson & Son
Timac Agro Uruguay
Trade and Commerce Bank (in Official Liquidation)
- Represented over 600 families, as debtors of Banco Hipotecario del Uruguay, in a major class action.
- Advised Bank BBVA in approximately 100 debt recovery cases during 2019.
- Defended Forestal Oriental in a $3m breach of contract claim filed by El Americano.
- Successfully represented Baluma, as nightclub owner, in a case brought by a former nightclub patron contesting his expulsion from the nightclub.
According to clients, Posadas, Posadas & Vecino stands out for its ‘professionalism, flexibility and personalised attention’. The team’s experience spans a broad mix of commercial and civil litigation, with notable skill sets in bankruptcy proceedings, breach of contract and class actions, among other areas. Practice head Luis Nin is widely recognised for his arbitration expertise. Associate Valeria Techera is also a key contact and advises on judicial and arbitral matters. Associate María Laura Capalbo moved to Bragard Abogados as a partner in September 2019.
‘The team’s strengths are professionalism, flexibility and personalised attention.’
‘Their complete interdisciplinary team helps to provide a holistic view of the topic being dealt with.’
‘I mainly value the close (almost friendly) treatment, the predisposition to help, flexibility, and speed.’
‘The team’s broad understanding of the situation brings additional value.’
‘We have worked with PPV for over 30 years and we value their strong service and human touch.’
‘A professional team, focused on the client and providing speedy responses, particularly Valeria Techera and Luis Nin for dispute resolution.’
Caterpillar Leasing Chile
Compagnie Française d’Etudes et d’Entreprises
Fortune International Realty
Intendencia Municipal de Maldonado
Celulosa y Energia Punta Pereira
- Represented Gas Sayago in the contentious bankruptcy proceedings of the Uruguayan branch of OAS.
- Acted for Caterpillar Leasing Chile in a contractual dispute against several debtors.
- Represented Parque Eólico Kiyu and Grupo Cobra in a $50m case brought by the municipal administration of San José, and by a group of landowners, seeking to cancel the construction of a transmission line.
- Advised Compagnie Française d’Etudes et d’Entreprises in a $20m contract dispute with one of its distributors located in Uruguay.
OLIVERA Abogados finds favour for its ‘excellent disposition for solving problems’. The group’s emphasis on commercial issues pays dividends and it consistently handles antitrust, IP and distribution disputes. Shareholder litigation is also a strong suit. Key contacts are seasoned litigator Ricardo Olivera García and Nicolás Paseyro, who is recognised for his expertise in IP and sports law. Graciela Hughes is a talented up-and-coming associate.
‘Any comparison with other law firms is very favourable to Olivera.’
‘The team shows an excellent disposition for solving problems, particularly Nicolás Paseyro and Graciela Hughes.’
Asociación de Laboratorios Nacionales
Shandong Baoma Fisheries Group
Union Agriculture Group (UAG)
Carrau & Cia
Proyección Electroluz Uruguay
- Represented Saomil in a trademark dispute.
- Represented Electroquímica before the antitrust Commission in an investigation into alleged collusion in the chlorine market.
- Advised Tenfield in a preliminary judicial action initiated by more than 600 football players against Tenfield and the Uruguayan Footballer Association concerning football players’ image rights.
Demonstrating ‘strong professionalism and knowledge’, Bragard Abogados recently acted on diverse mix of construction, insolvency and administrative law issues. The practice was recently boosted by the hires of María Laura Capalbo, who joins as department co-head from Posadas, Posadas & Vecino, and associate Andrea Ramírez, who joins from FERRERE. Managing partner Jean Jacques Bragard is noted for his record in financial arbitration.
‘Strong professionalism and knowledge, combined with a human touch.’
Fideicomiso Fondo de Tierras
The Winterbotham TrustCompany
- Represented an architects practice (Nimotil) in a conflict relating to the construction of the Imperium Building in Montevideo.
- Advised gas distribution company, Megal, on its insolvency proceedings.
Brum Costa Abogados
The ‘client-oriented’ team at Brum Costa Abogados covers a wide range of contentious matters, with its recent experience spanning the key pillars of civil and commercial cases, constitutional and administration law, and arbitration. Department head Oscar Brum de Mello specialises in civil, commercial and procedural law.
‘Lawyers at Brum Costa always show commitment to the cause and to the client.’
‘They are agile and very up-to-date in terms of regulatory developments.’
‘The team is able to anticipate potential controversies and risks, and works to mitigate or reduce them.’
‘The firm fields a mix of highly experienced attorneys, along with excellent young attorneys with an outstanding technical level.’
‘The main strength of the team was the client-oriented attitude. During the process we continually worked together remotely after hours.’
Renmax Corredor de Bolsa
Distribuidora Uruguaya de Combustible (DUCSA)
Alcoholes del Uruguay (ALUR)
Forestal Atlántico Sur (FAS)
Prolesa: Productores de Leche
- Advised payment-app developer, Paganza, in a competition case.
- Represented SURA in a claim against UTE relating to a building fire.