ARBITRATION
We have been involved in some of the largest, most complex and demanding national and international arbitration proceedings in Colombia
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Suescún Abogados is a leading firm in Colombia in national and international arbitration.

We have been recognized by independent industry guides as leading firm in Colombia for arbitration. The Legal 500 Latin America 2015 describes it as “[a] firm very focused on arbitration” and with “very good people”. It is also noted as “much sought after for complex cases”.
The members of the firm have participated in over 120 arbitration proceedings as lead counsel, chairman and arbitrator.
Following is a list of some of the arbitration tribunals on which members of Suescun Abogados have participated as arbitrators or before which they have appeared as lead counsel to one of the parties:
agency and distributorship
- Served as arbitrator in an international commercial arbitration held in Santiago under ICC rules, related to agency and distribution

- Counseled Tecnoquimicas against Comcel S.A. (Claro Colombia S.A.) in a US$50 million domestic arbitration arising out the distribution of prepaid mobile cards

- Successfully represented Cellpoint against Comcel S.A. (Claro Colombia S.A.) in matters related to commercial agency for the promotion of mobile services

- Successfully represented a multinational company in an international commercial arbitration held in Paris under ICC rules, related to agency and distribution in both Latin America and Colombia

- Served as chairman in Companía Central de Seguros v. Maalula Ltda., a domestic arbitration related to the promotion of insurance contracts

- Served as arbitrator in Roberto Cavalier & Cia Ltda v. Flota Mercante Grancolombiana, a landmark domestic arbitration related to maritime and port agency
banking
- Successfully defended Bancolombia, the largest commercial bank in Colombia, in a US$700 million domestic arbitration brought by Jaime Gilinsky et al arising out of the Bancolombia’s ADRs (American Depositary Receipt) trade on the New York Stock Exchange. Such arbitration is most likely the biggest commercial arbitration ever in Colombia (not including a public entity). The Tribunal held that Claimants’ damages were less than 3% of the amount Gilinsky sought. Such result was obtained against no fewer than five nationally recognized law firms that represented Gilinsky throughout the case.

- Successfully represented Bancolombia, the largest commercial bank in Colombia, in a domestic arbitration arising out of the acquisition of and merger with the former Banco de Colombia, obtaining a US$30 million award

- Successfully represented Bancolombia in a US$200 million class action (arbitration) brought by its minority shareholders arising out of the acquisition of and merger with the former Banco de Colombia. The Tribunal held that Claimants’ damages were less than 4% of the amount sought. Such result was obtained against two nationally recognized law firms that represented Claimants throughout the case.

- Successfully represented Banco Cafetero New York Inc. against Banco de Caldas et al related to loans guaranteed with bill of ladings
construction
- Representing Carbones del Cerrejón Limited, the largest exporter of coal in Colombia, in a US$200 million ICC international arbitration related to the construction of marine works and structures.

- Suescun abogados successfully represented China United Engineering Corporation in a domestic arbitration arising out of the construction of a thermoelectric plant in Colombia. The tribunal dismissed all claims (US$50 million) brought by Conalvias. The Tribunal ordered Conalvias to pay 95% of the costs of the arbitration proceedings.

- Serving as Chairman in Paris, in a US$370 million ICC international arbitration related to the enlargement of a thermoelectric plant in Argentina, under both Argentinean and Swiss law.

- Successfully represented an international consortium in an international commercial arbitration held in Bogota under ICC Rules against ISAGEN, related to the construction of a hydroelectric plant, obtaining a US$70 million award. The Constitutional Court of Colombia confirmed the ICC award in its first revision ever of an international arbitration award.

- Served as chairman in COMMISA v PEMEX, a US$430 million ICC international commercial arbitration held in Mexico City under ICC Rules, related to the construction of offshore gas plants. This is becoming a seminal case in international arbitration since it is one of the few cases around the world which have been set aside in the seat and meanwhile enforced in a different jurisdiction (New York).

- Served as arbitrator in a US$1.6 billion International ad hoc commercial arbitration held in Panama City under UNCITRAL rules, related to the construction of a subway line. Such arbitration is most likely the biggest commercial arbitration ever in Colombia.

- Served as arbitrator in two international commercial arbitrations held in Paris under ICC Rules, related to the construction of a gas pipelines.

- Served as chairman in a US$120 million domestic arbitration related to the construction of a highway in Colombia (Bogota-Los Llanos).

- Served as arbitrator in two domestic arbitrations –ICA S.A. de C.V. (Mexico) v. Instituto de Desarrollo Urbano de Bogota (IDU)-, related to the Bogota´s road network rehabilitation.

- Served as chairman in an international commercial arbitration held in Buenos Aires under ICC Rules, related to a public construction project and financial problems arising out of the so-called “corralito” laws enacted in Argentina before the economic crisis of 2001.

- Served as witness expert in an international commercial arbitration held in New York City under ICC Rules, related to the construction of gas pipelines.

- Served as sole arbitrator in an international commercial arbitration held in Panama City under ICC Rules, related to the design, construction, technical assistance, and financing of a hotel complex.
energy
- Served as Chairman in Paris, in a US$370 million ICC international arbitration related to the enlargement of a thermoelectric plant in Argentina, under both Argentinean and Swiss law

- Suescun abogados successfully represented China United Engineering Corporation in a domestic arbitration arising out of the construction of a thermoelectric plant in Colombia. The tribunal dismissed all claims (US$50 million) brought by Conalvias. The Tribunal ordered Conalvias to pay 95% of the costs of the arbitration proceedings.

- Successfully represented an international consortium in an international commercial arbitration held in Bogota under ICC Rules against ISAGEN, related to the construction of a hydroelectric plant, obtaining a US$70 million award. The Constitutional Court of Colombia confirmed the ICC award in its first revision ever of an international arbitration award.

- Served as chairman in Empresa de Energía de Boyacá S.A. E.S.P. v. Compañía Eléctrica de Sochagota S.A. E.S.P., a US$800 million domestic arbitration related to a Power Purchase Agreement (PPA) and the construction of a thermoelectric plant in Colombia

- Served as chairman in Termobarranquilla S.A. E.S.P (Tebsa) v. Corporación Eléctrica de la Costa (Corelca), a domestic arbitration related to a Power Purchase Agreement (PPA) and the construction of a thermoelectric plant in Colombia

- Successfully represented a Spanish company in a domestic arbitration related to an M&A of energy companies (I)

- Successfully represented a Spanish company in a domestic arbitration related to an M&A of energy companies (II)
financial matters
- Served as chairman in an international commercial arbitration held in Buenos Aires under ICC Rules, related to a public construction project and financial problems arising out of the so-called “corralito” laws enacted in Argentina before the economic crisis of 2001

- Successfully represented Standard Chartered Bank in a domestic arbitration related to the restructuring of a leasing company

- Served as arbitrator in Corficolombiana v. Fiduciaria Granahorrar, a domestic arbitration related to a loan contract and its collateral

- Served as chairman in Cadenalco S.A. (Almacenes Ley) v. Corfinsura, a domestic arbitration arising out a standby letter of credit

- Successfully represented Banco Cafetero New York Inc. against Banco de Caldas et al related to loans guaranteed with bill of ladings
insurance
- Served as chairman in a domestic arbitration related to all risk insurance and loss of profit insurance

- Served as arbitrator in a domestic arbitration arising out both machinery breakage and loss of profit insurance

- Successfully represented Liberty Seguros S.A in a domestic arbitration arising out reinsurance matters

- Served as arbitrator in a domestic arbitration related to all risk insurance

- Served as chairman in a domestic arbitration related to machinery breakage insurance

- Served as arbitrator in a domestic arbitration arising out insurance and stock exchange transactions

- Served as arbitrator in a domestic arbitration related to a hull and machinery insurance
joint ventures
- Served as chairman in three domestic arbitrations (US$ 700 million in total) related to joint ventures agreements between the Colombian public-owned telecommunication company and international suppliers of telecommunication equipment

- Successfully represented Inversiones Prosperidad against Hoteles Estelar for breach in the restitution of one of the biggest hotels in Colombia under a joint venture contract (I)

- Successfully represented Inversiones Prosperidad against Hoteles Estelar for breach in the restitution of one of the biggest hotels in Colombia under a joint venture contract (II)

- Successfully represented Technology Corporation de Colombia S.A. in a domestic arbitration against Lucent Technologies related to call and put options of a joint venture’s shares
mergers and acquisitions
- Representing Colombian and Venezuelan companies in a US$30 million domestic arbitration arising out the acquisition of shares over a concessionary company of an important highway in the Caribbean region of Colombia.

- Successfully defended Avianca, the largest airline in Colombia, in a US$190 million domestic arbitration arising out the acquisition of Avianca from Valorem. The tribunal dismissed all claims brought by Valorem.

- Successfully represented Bancolombia, the largest commercial bank in Colombia, in a domestic arbitration arising out of the acquisition of and merger with the former Banco de Colombia, obtaining a US$30 million award

- Successfully defended Bancolombia, the largest commercial bank in Colombia, in a US$700 million domestic arbitration brought by Jaime Gilinsky et al arising out of the Bancolombia’s ADRs (American Depositary Receipt) trade on the New York Stock Exchange. Such arbitration is most likely the biggest commercial arbitration ever in Colombia (not including a public entity). The Tribunal held that Claimants’ damages were less than 3% of the amount Gilinsky sought. Such result was obtained against no fewer than five nationally recognized law firms that represented Gilinsky throughout the case.

- Successfully represented Bancolombia in a US$200 million class action (arbitration) brought by its minority shareholders arising out of the acquisition of and merger with the former Banco de Colombia. The Tribunal held that Claimants’ damages were less than 4% of the amount sought. Such result was obtained against two nationally recognized law firms that represented Claimants throughout the case.

- Successfully represented a Spanish company in a domestic arbitration related to an M&A of energy companies (I)

- Successfully represented a Spanish company in a domestic arbitration related to an M&A of energy companies (II)
mining
- Defending two subsidiary companies of Goldman Sachs in a US$1.6 billion multi-party ICC international arbitration related to transport of coal though a railway network in Colombia.

- Represented a subsidiary company of Goldman Sachs in a US$200 million domestic arbitration, arising out the extraction of coal

- Representing Carbones del Cerrejón Limited, the largest exporter of coal in Colombia, in a US$200 million ICC international arbitration related to the construction of marine works and structures
oil & gas
- Served as chairman in COMMISA v PEMEX, a US$430 million ICC international commercial arbitration held in Mexico City under ICC Rules, related to the construction of offshore gas plants. This is becoming a seminal case in international arbitration since it is one of the few cases around the world which have been set aside in the seat and meanwhile enforced in a different jurisdiction (New York).

- Served as arbitrator in an international commercial arbitration held in Paris under ICC Rules, related to gas transport by means of a gas pipeline. (I)

- Served as arbitrator in an international commercial arbitration held in Paris under ICC Rules, related to gas transport by means of a gas pipeline. (II)

- Served as witness expert in an international commercial arbitration held in New York City under ICC Rules, related to the construction of gas pipelines

- Served as sole arbitrator in an International commercial arbitration held in Mexico City under ICC Rules, related to an international contract for the sale of oil and maritime freight services
telecommunications
- Serving as chairman in a US$130 million domestic arbitration arising out a mobile network concession

- Served as chairman in three domestic arbitrations (US$ 700 million in total) related to joint ventures agreements between the Colombian public-owned telecommunication company and international suppliers of telecommunication equipment

- Served as arbitrator in Casa Editorial El Tiempo v. Comisión Nacional de Televisión, a domestic arbitration arasing out a television concession contract
trusts
- Served as chairman in Monómeros Colombo Venezolanos v. Lloyds Trust S.A., a domestic arbitration arising out a guarantee trust

- Served as arbitrator in Beneficencia de Cundinamarca v. Banco Central Hipotecario and Fiduciaria Central, a US$200 million domestic arbitration related to the management and sale of real estate

- Served as arbitrator in Inurbe v. Fiduagraria, a landmark arbitration related to the professional liability of a trust regarding management and investment of financial assets

- Served as arbitrator in Corficolombiana v. Fiduciaria Granahorrar, a domestic arbitration related to a loan contract and its collateral

- Served as chairman in Leasing Mundial S.A. v. Fiduciaria FES S.A., a domestic arbitration arising out a guarantee trust
general commercial disputes
- Defending two subsidiary companies of Goldman Sachs in a US$1.6 billion ICC multy-party arbitration related to transport of coal through a railway network in Colombia

- Successfully represented Inversiones Prosperidad against Hoteles Estelar for breach in the restitution of one of the biggest hotels in Colombia under a joint venture contract. (I)

- Successfully represented Inversiones Prosperidad against Hoteles Estelar for breach in the restitution of one of the biggest hotels in Colombia under a joint venture contract. (II)

- Successfully represented Standard Chartered Bank in a domestic arbitration related to the restructuring of a leasing company

- Served as sole arbitrator in an international commercial arbitration held in Mexico City under ICC Rules, related to an international contract for the sale of oil and maritime freight services

- Served as sole arbitrator in an international commercial arbitration held in Panama City under ICC Rules, related to the design, construction, technical assistance, and financing of a hotel complex

- Successfully represented Banco Cafetero New York Inc. against Banco de Caldas et al related to loans guaranteed with bill of ladings

- Served as arbitrator in a domestic arbitration related to a fuel supply contract with an exclusivity clause