- International Arbitration
A pioneer of the international arbitration practice in the Dominican Republic, the firm possesses unmatched expertise in matters involving Dominican interests, acting both as lead and local counsel. The members of Jiménez Cruz Peña have participated in international arbitration proceedings as experts on Dominican law and as local attorneys in arbitration under the rules of the American Arbitration Association (AAA/ICDR), ICC International Court of Arbitration (ICC), and United Nations Commission on International Trade Law (UNCITRAL).
The firm has been involved in a number of major arbitrations relating to energy, infrastructure, mining, and hospitality sectors, among others, representing both foreign investors and the Dominican State.
The firm is also successful in obtaining recognition and enforcement of foreign arbitral awards in the Dominican courts.
The JCP team played a pivotal role in drafting and passing the country’s UNCITRAL based law on international commercial arbitration in 2008.
The Legal 500 notes “a very strong disputes practice at Jiménez Cruz Peña” under the leadership of the “highly experienced Marcos Peña,” who is a genuine market leader for disputes that go to international arbitration.” It hails JCP as ‘very competent’, has a deep bench’ and is ‘reliable and well versed in arbitration…. The practice is particularly known for high-value ICC proceedings. Among highlights, it assisted various high-profile clients from the financial, mining and electricity sectors with securing multimillion-dollar awards. ‘Good listener’ Marcos Peña ‘knows the law and the local players well’ and is ‘an excellent choice for international arbitration matters’.
Chambers & Partners Latin America praises the firm, which, after a decade in the market, “continues to grow in prestige for its handling of complex commercial litigation” and “high-profile arbitration cases for international clients, particularly in the energy sector.” Chambers also notes that “the firm frequently handles ICC arbitrations and is routinely involved in disputes in the local electricity sector, tackling contractual dispute claims before the regulator.” JCP clients note: "They take care to listen to their clients and understand their opinions. They're an excellent team."
Key Representations
- Representation of a foreign investor in several cases for damages over US$700 million, including the settlement of a major arbitration under a BIT between France and the Dominican Republic, a claim under the DR-CAFTA, and a case before the ICC court
- Representing a state-owned entity in a successful settlement of an ICC arbitration to enforce a power purchase agreement, resulting in client savings of US$440 million over five years
- Successfully represented a consortium of international investors in an ICC arbitration of a dispute relating to a major toll road project, which ultimately resulted in a US$40 million award to the client