Areas of Practice

Dispute Resolution: Arbitration

Many firms divide their practices into litigation and transactional or consulting. At Miró Quesada & Miranda we do not make this division. Thus, the corporate lawyers group participates in corporate arbitrations and the infrastructure lawyers group participates in construction arbitrations. Our lawyers are specialized and have been part of important International Arbitration Departments in international law firms. We complement our practice with the approach of other specialties (economics, psychology and engineering) to add value to our advice. We do not limit ourselves to the mere conduct of proceedings, we think differently. We add value. Although the fruit of our efforts in the case is demonstrated at the hearing and award stage, it often happens that we manage to settle the dispute in the best interests of our client, which would not have happened if we had not gone to arbitration in the first place.

Key contact:
Gustavo Miró Quesada M.
Email: gmiroquesada@mq-abogados.pe
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Rodolfo Miranda M.
Email: rmiranda@mq-abogados.pe
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Our services

Comprehensive review of case documentation and preparation of preliminary reports on the likelihood of success;
Case management and implementation of dispute avoidance mechanisms;
Negotiations with the counterparty to resolve disputes prior to initiating arbitration, either directly or in forums such as mediation, conciliation, Dispute Boards, negotiation during arbitration or any other type of alternative dispute resolution methods;
Preparation of the relevant documents to initiate an arbitration claim or a Dispute Board proceeding;
Analysis and evaluation of relevant evidence;
Coordination with external experts and experts according to the need of the case.

Preparation of the arbitration claim, defense, counterclaim and any other documents required during the arbitration proceedings;
Advice and representation at relevant hearings and oral arguments;
Preparation of witnesses, coordination with experts according to the needs of the case;
Preparation of domestic appeals against the final award or decision; and,
In coordination with law firms dedicated to procedural law, we advise and represent our clients in the judicial aspects of arbitration, such as injunctive relief, enforcement of awards, resistance to such enforcement, annulment of awards and amparos.

Experience

We have participated in important local and international arbitrations, investment, ad-hoc and administered by the ICC, ICSID, CCL, AMCHAM, PUCP, CAPECO and OSCE; we have also participated in judicial proceedings related to arbitrations, such as annulments and injunctions. The combined experience of our members represents approximately USD 2, 000 million in accrued arbitration claims.
Our experience includes representation in cases related to: breach of investment treaties by states, breach of preconditions and obligations arising from private and public contracts, performance excuses and available remedies, price adjustments, changes to scope, indemnities, performance of representations, variations, technical deficiencies, valuation of services and economic balance, damages, application of penalties, extensions of time, increased overhead, acceleration and disruption, corporate disputes, purchase and sale of shares, joint venture contract disputes and the like.

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