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ARBITRATION

Posse Herrera Ruiz

Barranquilla, Colombia
+2 other locations
  • Bogota, Colombia
  • Medellin, Colombia
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Deals

INVERSIONES ZÁRATE GUTIÉRREZ S.A.S.

Posse Herrera Ruiz represents Inversiones Zárate Gutiérrez S.A.S. (NEW CLIENT) in a Bogotá Chamber of Commerce arbitration regarding one of the largest real estate projects planned to be developed in Bogotá, D.C. with projected sales of approximately USD 200 million.

The claims involve force majeur and hardship claims due to the COVID-19 pandemic, breach of contract claims, and unlawful termination of contract claims.

ELIS COLOMBIA S.A.S.

Posse Herrera Ruiz <zarepresents Elis Colombia S.A.S. in a Bogotá Chamber of Commerce arbitration regarding breaches of representations and warranties of a share purchase agreement, the application of an earnout clause and the application of a debt adjustment clause.

ODINSA VÍAS, CONCAY, INFERCAL ET AL. AS MEMBERS OF THE CONSORTIUM GRUPO CONSTRUCTOR AUTOPISTAS DEL CAFÉ

Consortium Grupo Constructor Autopistas del Café, as EPC Contractor for the Autopistas del Café road concession, subcontracted Consortium Novum – Osorio for the construction of a connector between two main roads. The subcontractor terminated the contract before completion of the works, alleging economic imbalance.

In April 2022, Consortium Novum – Osorio filed a claim against our client, alleging breach of contract. We filed a counterclaim for the portion of the advance payment that was not amortized, and the recovery of payments made by our clients to employees and suppliers of Consortium Novum – Osorio. We also called to the arbitration Compañía Mundial de Seguros for the payment of the insurance policy.

The arbitral tribunal will have to decide whether or not our client, as the contracting party, was obliged to adjust the value of the contract, despite the risks expressly assumed by the contractor.

INDUSTRIA MILITAR (INDUMIL)

PHR represents the Colombian Military Industry – INDUMIL in a Bogotá Chamber of Commerce International Arbitration initiated by Orica Norway AS and Orica Colombia S.A.S. regarding the performance, termination and liquidation of an agreement for the co-production of explosives for mining clients in Colombia. INDUMIL has submitted counterclaims of up to USD 104 million approximately, based on Orica’s contractual breaches.

During 2022 PHR intensely worked alongside the economic experts on the expert reports that were submitted to the Tribunal to demonstrate the damages claimed, prior to the evidence hearings that will take place on early 2023.

ALIANZA FIDUCIARIA

Posse Herrera Ruiz

advise and represent Alianza Fiduciaria, a financial institution (top tier trust company in Colombia), as well as Karibana trust in a real estate arbitration regarding the development of a luxury development in Cartagena that involves Country Club, luxury Hotel, apartments and villas.

The arbitration involves multiple contracts, trust, construction companies, real estate developers and the the previous landlord of eight land’s lot with a saleable area of 140,600 square meters.

We represent the financial institution and the matrix trust in the arbitration and we also advise Alianza regularly about the multiple trust management and the request made by the trustees involving the Karibana project, including the potential settlement.

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Team Services

Posse Herrera Ruiz has one of Colombia’s strongest dispute resolution practices, with trained and experienced lawyers, offering its clients service in all types of civil, commercial and administrative litigation, before national and international courts.