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MIGUEL CASTRO
Miguel has more than fifteen years of experience advising clients in public procurement, dispute resolution, and public law.
He has been an advisor in the structuring and executing of large infrastructure projects under the modality of concession contracts, PPPs, and public works contracts in the airport, railway, road, and social sectors, including public buildings.
Miguel has represented several national and international clients in public selection processes, having participated in more than 25 selection processes for 4 and 5-generation PPP projects. Among them are the successful advice in the award of the first urban highway in the city of Bogota, structured through a private PPP initiative, the award of the new trunk roads of the Magdalena, the old Ruta del Sol, the award of a major public hospital in the city of Bogota, among other important projects.
Miguel has also been an advisor to public contractors and concessionaires in executing their projects. He has negotiated and structured construction, EPC, O&M, BOMT, and BOOMT contracts as part of these consultancies. Miguel has also represented contractors and concessionaires in amicable composition and arbitration proceedings, both domestic and international, under the rules of the International Court of Arbitration of the International Chamber of Commerce (“ICC”), the International Centre for Dispute Resolution (“ICDR”), as well as arbitrations administered by the Bogotá Chamber of Commerce, with particular emphasis on dispute resolution. International Court of Arbitration of the International Chamber of Commerce (“ICC”), the International Centre for Dispute Resolution (“ICDR”), as well as arbitrations administered by the Bogota Chamber of Commerce, with a particular emphasis on dispute resolution in complex infrastructure projects.
Before becoming a founding partner of Rincón Castro Abogados, Miguel was director of the administrative, constitutional, and infrastructure law area of one of Colombia’s most influential law firms and a member of the World Trade Organization’s accessions team in Switzerland.
He is a professor of state contracts and public-private partnerships at the Javeriana and Andes University law schools. He has been a speaker and panelist in different courses and seminars on public contracts at several universities. He is also the author of articles on infrastructure and public-private partnerships published by the Universidad de los Andes and the Colombian Chamber of Infrastructure. Miguel is a member of the International Construction Projects (ICP) committee of the International Bar Association (IBA).
PRACTICE AREAS
EDUCATION
Master of Laws (LL.M.) with emphasis in infrastructure, University College London (UCL), 2012.
– Specialization in Administrative Law, Pontificia Universidad Javeriana, 2006.
– Lawyer, Pontificia Universidad Javeriana, 2004.
ADMISSIONS
– Admitted to practice law in Colombia, 2006.
LANGUAGES
· Spanish
· English
PUBLICATIONS
· “Adición y Solución de Controversias en Contratos de Concesión: Recientes desarrollos en la materia y su impacto en Contratos de 4G”. Infraestructura y Derecho (Editorial Legis). Cámara Colombiana de la Infraestructura (2017) Coautor: Rafael Rincón.
PROFESSIONAL EXPERIENCE
Experience as an advisor in structuring public contracts:
– Advisor to Odinsa and Pavimentos in structuring the public-private partnership project of private initiative for the design, financing, and construction of works to expand and improve the airfield of the international airport El Dorado in Bogota, D.C.
– Advisor to CAS Mobiliario S.A. in the structuring of a public-private partnership project of private initiative for the design, supply, installation, construction, assembly, operation, maintenance, replacement, commercial exploitation, and reversion of the urban furniture elements of the Medellín Public Transportation System.
– Advisor to KPMG during structuring a public-private partnership airport project in Palestina, Caldas.
– Advisor to a company in structuring a private initiative project of public-private partnership for the improvement, rehabilitation, operation, and maintenance of the Zipaquirá – Barbosa road.
– Legal advice on structuring a private initiative project or public-private partnership to provide drinking water in Medellín.
– Advisor to Estructura Plural ALO Sur for a private initiative public-private partnership project to design, construct, operate, and maintain the Avenida Longitudinal de Occidente (ALO) in Bogotá.
– Advisor to a company in structuring a private initiative project of public-private partnership for designing, constructing, and maintaining a commuter train between Bogotá and Facatativá.
– Advisor in negotiating and reviewing a concession contract for constructing, operating, and maintaining a road project in Honduras under the PPP modality.
Experience as an advisor in public contract bidding processes:
– Successfully advised Grupo Ortiz and KMA in the bidding process for the 5G public-private partnership concession contract for the financing, design, environmental management, land management, social management, construction, rehabilitation, improvement, operation and maintenance of the “Puerto Salgar – Barrancabermeja” corridor that crosses the departments of Cundinamarca, Boyacá and Boyacá.management, social management, construction, rehabilitation, improvement, operation and maintenance of the “Puerto Salgar – Barrancabermeja” corridor that crosses the departments of Cundinamarca, Boyacá and Santander.
– Successfully advised Autopista Río Grande S.A.S. in the bidding process for the fifth-generation PPP concession contract for the financing, design, construction, and operation of a new
Environmental management, land management, social management, construction, rehabilitation, improvement, operation, and maintenance of the “Sabana Torres-Curumaní” corridor, which crosses the departments of Santander and Cesar.
Experience as a consultant in the execution of public contracts:
– Advisor to Autopista Magdalena Medio S.A.S. in the execution of the 5G PPP concession contract for the financing, design, environmental management, land management, social management, construction, rehabilitation, improvement, operation, and maintenance of the “Puerto Salgar – Barrancabermeja” corridor, rehabilitation, improvement, operation, and maintenance of the “Puerto Salgar – Barrancabermeja” corridor that crosses the departments of Cundinamarca, Boyacá and Santander.
– Advisor to Autopista Río Grande S.A.S. in the execution of the 5G PPP concession contract for the financing, design, environmental management, land management, social management, construction, rehabilitation, improvement, operation and maintenance of the “Sabana Torres- Curumaní” corridor that crosses the departments of Santander and Cesar.
– Advisor to ALO Sur S.A.S. in executing the 5G PPP concession contract for the financing, design, construction, operation, maintenance, social, property, and environmental management of the southern section of Avenida Longitudinal de Occidente in Bogotá, D.C.
– Advisor to Perimetral de Oriente de Bogotá S.A.S. in the execution of the fourth-generation concession contract for the financing, construction, rehabilitation, construction, rehabilitation, improvement, operation, and maintenance of the “Perimetral de Oriente de Cundinamarca” corridor that crosses the department of Cundinamarca.
– Advisor to S.A. de Obras y Servicios, COPASA, in the execution of the public works contract for the design, construction, provision, start-up, operation, and maintenance of the New UHMES Santa Clara and CAPS in the San Juan de Dios Hospital Complex in Bogotá D.C.
– Advised Autopista Río Magdalena S.A.S. in the execution of the fourth generation concession contract for the design, financing, environmental, land and social management, construction, improvement, rehabilitation, operation, maintenance, and reversion of the “Autopista al Río Magdalena 2” corridor of the “Autopistas para Prosperidad” project that crosses the department of Antioquia, operation, maintenance and reversion of the “Autopista al Río Magdalena 2” corridor of the “Autopistas para la Prosperidad” project that crosses the department of Antioquia.
– Advisor in more than 20 PPP public initiative projects of fourth-generation (4G) concession projects for the national road network.
Experience as an advisor in mergers and acquisitions of concession contracts:
– Due diligence process and negotiation of transaction documents for a solid waste concession.
– The due diligence process and negotiation of the transaction documents for a 4G PPP Private Initiative concession (Pereira—La Victoria).
– Due diligence process and negotiation of the transaction documents for a 4G PPP Private Initiative concession (Bogotá – Girardot).
– Due diligence process and negotiation of the transaction documents for a 4G PPP Public Initiative concession (Nuevo Cauca Project).
– Legal advice on structuring and negotiating EPC and O&M contracts for photovoltaic and hydro generation projects.
Experience as counsel in national and international arbitration:
– Successfully represented a leading Spanish company in the final waste management market as defendant and counterclaimant in an international arbitration administered by the ICC International Court of Arbitration, arising out of an option contract, culminating in an award granting compensation of over USD 7 million. Successfully represented a leading Spanish company in an international arbitration administered by the ICC International Court of Arbitration arising out of an option contract, culminating in an award of compensation over US$7 million.
– Counsel to a concessionaire in an ICC arbitration against a multinational construction company based in Spain for disputes arising under an EPC contract for a fourth-generation highway in the Republic of Colombia. The seat of arbitration is Madrid, Kingdom of Spain.
– Counsel to a concessionaire company controlled by an Israeli multinational in an ICDR arbitration against the National Infrastructure Agency of Colombia arising from a concession contract under the concession modality. The seat of arbitration is Bogotá, Colombia.
– Counsel to a concession company controlled by an Australian-based investment fund in an ICDR arbitration against a State arising from a public-private partnership concession contract. The seat of arbitration is Bogotá, Colombia.
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