Dispute
Resolution
International Arbitration
Our International Arbitration Team represents national and international clients in international commercial arbitrations under the rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), and ad hoc arbitrations, among others. We handle disputes in various industries, including infrastructure projects, energy, mining, transportation, and construction.
In addition, our team advises clients in the stages prior to the commencement of the international arbitration process and handles mediations, amicable settlement proceedings, and emergency arbitration, among other matters. Some of our members are admitted to practice law in more than one jurisdiction and are selected as presiding or party arbitrators in international commercial arbitrations.
National Arbitration
Our National Arbitration Team represents public and private clients in resolving their disputes under Law 1563 of 2012, the Arbitration Regulations of the Chambers of Commerce of Bogotá, Medellín, Cali, Barranquilla, and Cartagena, and the Corporate Arbitration Regulations of the Superintendence of Corporations. We represent clients in resolving disputes in multiple industries, such as mining and energy, finance, port, infrastructure, transportation, commercial contracts, mergers, and acquisitions.
In addition, some of our members are part of lists and are selected as secretaries or arbitrators in national arbitrations.
National Litigation
Our National Litigation Team represents public and private clients in the resolution of their contractual and extra-contractual disputes before the ordinary jurisdictional specialty and the constitutional and contentious-administrative jurisdictions, before judges, Superior Courts, Contentious-Administrative Courts, the Supreme Court of Justice, the Council of State and the Constitutional Court.
In addition, some of our members have acted as attorneys-in-fact and as experts summoned by High Courts to render opinions on matters under their responsibility, particularly on the constitutionality of laws approving Bilateral Investment Treaties.
International Litigation
Our team advises national and international clients on risk management and the consequences that litigation in other jurisdictions may have under domestic law, private international law, and public international law. The same applies to litigation in Colombia, but it involves more than one jurisdiction.
In addition, our team has represented or acted as experts before international courts in specific matters of Colombian law.
Public
Law
Our team advises clients from different industries (government entities and individuals) on constitutional, administrative, and public procurement law matters. It also includes advising multiple clients on these same matters and matters related to public international law, such as the international protection regime for foreign investment and human rights.
The team has outstanding public law experience, allowing us to advise and represent our clients in all matters arising from the relations between state entities and individuals.
Public Procurement
Our public procurement team is one of the leaders in the Colombian market in providing cross-cutting advice to our clients in all stages of procurement, execution, and dispute resolution arising from the most important infrastructure projects that have been developed and are being developed in Colombia during the last ten years.
As part of this practice, our team has participated in (a) Advising on the legal structuring, public bidding, and subsequent execution of the private initiative public-private partnership (PPP) concession contract for the Avenida Longitudinal de Occidente – Tramo Sur or “ALO Tramo Sur” project. This project is of strategic importance to improve mobility in Bogota D.C.(b) advising national and international clients in more than 40 public selection processes, including public-private partnership (PPP) projects of 4 and 5 generation; (c) advising different clients in selection processes for the execution of public works contracts, concessions and other types of contracts (Tramway of Ayacucho, Parques de Ayacucho, Parques de Bogotá, etc.).(c) advising different clients in selection processes for the execution of public works contracts, concessions and other types of contracts (Ayacucho Tramway, Medellín River Parks, the Medellín River Park, line tunnel processes, Hospital de Bosa, Distrito Creativo del Bronx, Autopista Río Magdalena, 14 4G projects, Accesos Norte I and II, among others initiated by different public entities in recent years); and (d) advice and representation in administrative sanctioning procedures initiated by ANI in the framework of public-private partnership (PPP) concession contracts for 4th and 5th generation projects.
International Law
Our team has a leading practicein international law, thanks to the preparation and experience of its leading partners and associates in private and public international law. We offer unique advisory services in the Colombian market in investment protection matters and in analyzing the relationship between our clients’ operations and national and international standards for the protection of human rights.
Regarding investment protection, our team advises domestic and foreign clients from the early stages of their investments in or to Colombia to design the schemes that best protect their investments, both from the point of view of granting rights under local regulations or international instruments and access to dispute resolution mechanisms related to their investments.
In terms of business and human rights advice, our team has conducted due diligence procedures and provided specific advice related to our client’s compliance with human rights protection standards in the framework of their operations and transitional justice mechanisms.
Constitutional and Administrative Law
Our team has led the structuring of legal actions and judicial representation of several clients in judicial proceedings in constitutional and administrative law matters, including simple nullity actions, nullity and re-establishment of rights, direct reparation actions, popular actions, and Tutela actions.
In addition, our team has participated in analyzing the legality of draft decrees, resolutions, and circulars in different industries.
Projects
The projects concentrate their practice on advising national and international clients in all legal aspects related to the structuring, participation, investment, execution, and liquidating of road, rail, port, social, airport, energy, mass transportation, waste management, and gas infrastructure projects, among others.
Our team has participated in the most recognized infrastructure projects in the country, including the different generations of road concessions (3G, 4G, and 5G), airport concessions (Dorado Airport runways and Aerocafé), several social infrastructure projects (San Juan de Dios Hospital), and railway concessions (Ayacucho Tramway, Regiotram).
Public-Private Partnerships (PPPs) and Concessions
Airport Infrastructure
Road Infrastructure
Our team advises on the execution of complex projects under public-private partnerships (PPP), concession contracts, and public works contracts. Within the framework of these projects, we have structured and negotiated EPC construction contracts, among other things.
Particularly noteworthy are: (a) advice on the new PPP contracts for the construction of the Magdalena trunk roads, the former Ruta del Sol; (b) advice on the execution of more than 5 PPP projects of 4 and 5 generations, including the Perimetral Oriente de Bogotá (POB), Autopista Río Magdalena 2, among others; (c) advisory services in the modification and negotiation of several PPP contracts, including the Popayán – Santander de Quilichao project; (d) negotiation and review of a concession contract for the construction of a new highway in Bogotá, among others. (d) negotiation and review of a concession contract for the construction operation and maintenance of a road project under the public-private partnership modality in Honduras; (e) advice in the structuring and execution of PPP projects of initiative(e) advising on the structuring and execution of private initiative PPP projects such as Autopistas del Caribe, Avenida Longitudinal de Occidente (ALO), Zipaquirá – Barbosa, RegioTram, etc.; and (g) the development of Due Diligence processes for the purchase and sale of participations in infrastructure projects.
Social Infrastructure and Public Buildings
Our team participated in the legal structuring of a public-private partnership (PPP) concession contract for the design, construction, supply, operation, and maintenance of urban mobility solutions in Medellín, Colombia. The project is valued at $50 million. It includes the operation and maintenance of 840 public parking lots in the city and the construction of 100 new parking lots, public infrastructure, and street furniture to improve public transportation services and provide greater convenience to citizens.
In addition, we participated in structuring a private initiative public-private partnership project to provide drinking water and toilets in Medellín, Colombia.
We have also advised international clients in the execution of hospital infrastructure projects in the city of Bogotá.
Construction and Public Works Contracts
Among other projects, our team participates in the legal advice for executing the Transmilenio NQS Extension project to Soacha, phases II and III. This project will expand the coverage of Bogotá, D.C.’s public transportation system. and Soacha.
In addition, it has participated in (a) the drafting and negotiation, with all stakeholders involved, of construction and EPC contracts for 4G road infrastructure PPP projects, such as Autopista Río Magdalena 2; and (b) the preparation and negotiation of construction, EPC and O&M contracts for concession projects such as Briceño-Tunja-Sogamoso, Bucaramanga-Pamplona, among others.