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Suescún Abogados is a leading law firm for domestic and international arbitration and dispute resolution

Arbitration

We have been involved in some of the largest, most complex and demanding domestic and international arbitrations in Colombia.

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Suescún Abogados is a leading firm in Colombia for domestic and international arbitration. We have been recognized by independent industry guides and rankings as Band 1 firm in Colombia for arbitration.
The members of the firm have participated in over 200 arbitrations as lead counsel, chairman and arbitrator.

Commercial disputes

Following is a list of some of the arbitration tribunals on which members of Suescún 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 (Chile) under ICC rules, related to agency and distribution.
  • Successfully represented Tecnoquimicas against Comcel S.A. (Claro Colombia S.A.) in a USD$50 million dollars 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
  • Suescún Abogados advised an international bank in disputes with a public entity, valued at hundreds of millions of dollars, arising out from outstanding debt. The disputes are submitted to interntaional arbitration.
  • Advised an international bank in disputes arising out from the merger of a domestic bank.
  • Successfully defended Bancolombia, the largest commercial bank in Colombia, in a USD$700 million dollars domestic arbitration brought by Gilinsky Group et al arising out of the Bancolombia’s ADRs (American Depositary Receipt) trade on the New York Stock Exchange. At the moment such arbitration was 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 Group 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 USD$30 million dollars award.
  • Successfully represented Bancolombia in a USD$200 million dollars 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
  • Suescún Abogados is representing Refinería de Cartagena in an ICC international commercial arbitration, seated in New York, under Colombian and New York law, against Chicago Bridge & Iron Company (CB&I), an EPC contractor. The dispute concerns costs and delays in connection with the construction of a refinery in Colombia (a mega-project), with the claim valued at several Billion dollars. Currently being the largest and one of the most complex construction disputes in the world.
  • Served as arbitrator in a USD$100 million dollars ICC international commercial arbitration, under Colombian law, with the seat in New York, between Colombian and Korean companies, related to the construction of a water treatment plant.
  • Arbitrator in a USD$60 million dollars international commercial arbitration under the ICC Rules, under Argentinian law and with the seat in Montevideo (Uruguay), between Argentinian and Spanish companies, related to the enlargement of a thermoelectric plant in Argentina.
  • Suescún Abogados successfully represented Carbones del Cerrejón Limited (Glencore), multinational which is the largest mining company in Colombia, in a ICC international arbitration, under Colombian law, against a multinational consortium, related to the construction of marine works and structures. The tribunal dismissed all claims (USD$60 million dollars) brought by the consortium and awarded all claims and damages sought by Cerrejón (USD$40 million dollars). Consequently, the Tribunal ordered the consortium paying 100% of both the costs of the arbitration and of the costs of Cerrejón´s legal representation.
  • Suescún 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 (USD$50 million dollars) brought by Conalvias. The Tribunal ordered Conalvias to pay 95% of the costs of the arbitration proceedings.
  • Serving as Chairman in Paris, in a USD$370 million dollars 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 USD$70 million dollars award. The Council of State of Colombia confirmed such award; being the first it revises an international award rendered by an arbitral tribunal seated in Colombia. In addition, 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 USD$430 million dollars ICC international commercial arbitration held in Mexico City under ICC Rules, related to the construction of offshore gas platforms. 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 USD$1600 million dollars ad hoc international commercial arbitration held in Panama City under UNCITRAL rules, related to the construction of the Medellín Metro. At the time such arbitration was 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 USD$120 million dollars 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
  • Arbitrator in a USD$60 million dollars international commercial arbitration under the ICC Rules, under Argentinian law and with the seat in Montevideo (Uruguay), between Argentinian and Spanish companies, related to the enlargement of a thermoelectric plant in Argentina.
  • Suescún Abogados represented a multinational consortium (Stork and Vepica) against Siemens in an international commercial arbitration, under the Rules of the Chamber of Commerce of Bogotá (CCB), arising out of a supply and installation of turbines contract. The dispute was settled.
  • Served as Chairman in Paris, in a USD$370 million dollars ICC international arbitration related to the enlargement of a thermoelectric plant in Argentina, under both Argentinean and Swiss law.
  • Suescún 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 (USD$50 million dollars) 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 USD$70 million dollars award. The Council of State of Colombia confirmed such award; being the first it revises an international award rendered by an arbitral tribunal seated in Colombia. In addition, 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 USD$800 million dollars 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) (II)
Financial matters
  • Advised an international bank in disputes with a public entity arising out from outstanding debt.
  • 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.
Insurances
  • 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 (USD$ 700 million dollars 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
  • Advised an international bank in disputes arising out from the merger of a domestic bank.
  • Represented Colombian and Venezuelan companies in a USD$30 million dollars domestic arbitration arising out of 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 USD$190 million dollars domestic arbitration arising out of 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 USD$30 million dollars award.
  • Successfully defended Bancolombia, the largest commercial bank in Colombia, in a USD$700 million dollars domestic arbitration brought by Gilinsky Group et al arising out of the Bancolombia’s ADRs (American Depositary Receipt) trade on the New York Stock Exchange. At the moment such arbitration was 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 Group throughout the case.
  • Successfully represented Bancolombia in a USD$200 million dollars 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
  • Suescún Abogados led the defense of two subsidiary companies of Goldman Sachs in a USD$1650 million dollars ICC multy-party arbitration, entirely conducted in English, related to transport of coal through a railway network in Colombia.
  • Represented a subsidiary company of Goldman Sachs in a USD$200 million dollars domestic arbitration, arising out the extraction of coal.
  • Suescún Abogados successfully represented Carbones del Cerrejón Limited (Glencore), multinational which is the largest mining company in Colombia, in a ICC international arbitration, under Colombian law, against a multinational consortium, related to the construction of marine works and structures. The tribunal dismissed all claims (USD$60 million dollars) brought by the consortium and awarded all claims and damages sought by Cerrejón (USD$40 million dollars). Consequently, the Tribunal ordered the consortium paying 100% of both the costs of the arbitration and of the costs of Cerrejón´s legal representation.
Oil & gas
  • Suescún Abogados is representing Refinería de Cartagena in an ICC international commercial arbitration, seated in New York, under Colombian and New York law, against Chicago Bridge & Iron Company (CB&I), an EPC contractor. The dispute concerns costs and delays in connection with the construction of a refinery in Colombia (a mega-project), with the claim valued at several Billion dollars. Currently being the largest and one of the most complex construction disputes in the world.
  • Served as arbitrator in an ICC USD$200 million dollars international commercial arbitration, under Argentinean law, seated in Buenos Aires, related to the transport of gas.
  • Served as chairman in COMMISA v PEMEX, a USD$430 million dollars ICC international commercial arbitration held in Mexico City under ICC Rules, related to the construction of offshore gas platforms. 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
  • Served as chairman in a USD$130 million dollars domestic arbitration arising out a mobile network concession.
  • Served as chairman in three domestic arbitrations (USD$700 million dollars 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 USD$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
  • Suescún Abogados advised a confidential client in disputes concerning a consulting contract executed with a global engineering contractor. The dispute was submitted to international arbitration (ICC Rules) and the seat was Paris.
  • Suescún Abogados led the defense of two subsidiary companies of Goldman Sachs in a USD$1650 million dollars ICC multy-party arbitration, entirely conducted in English, related to transport of coal through a railway network in Colombia.
  • Serving as arbitrator in an ICC international commercial arbitration arising out a settlement agreement.
  • Served as arbitrator in an international commercial arbitration held in Bogota, under the International Arbitration Rules of the Chamber of Commerce of Bogota (CCB), between a brazilian and a colombian companies, arising out of a share purchase agreement.
  • 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.
  • 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 Panama City under ICC Rules, related to the design, construction, technical assistance, and financing of a hotel complex.
  • 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.
  • 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.
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