Marcos Peña is a founding partner of the firm. He focuses his professional practice on litigation and alternative dispute resolution, international arbitration, as well as economic regulation, telecommunications, energy and project finance.
Before founding JCP in 2003, Mr. Peña completed nine years at the local office of an international firm, first as an associate and later as a partner in charge of litigation. He subsequently joined as a partner a Santo Domingo branch of a US law firm, spearheading its litigation and alternative dispute resolution for the Dominican Republic.
Relevant Recent Experience
- Participated in international arbitration proceedings under the ICC and AAA rules, as counsel, arbitrator and expert on the Dominican law
- Participated in local arbitrations (institutional and ad hoc) both as counsel and an arbitrator, in addition to his role as the Vice-President of the Center for Alternative Dispute Resolution of Chamber of Commerce and Production of Santo Domingo.
- Served as local counterparty in litigation proceedings originating outside the Dominican Republic, mainly in the United States.
- Led a legal team in a recent international arbitration with ramifications in local courts, representing a state company, claiming a violation of contract whose solution meant for client savings of approximately U.S. $ 440 million over five years.
- Local participated himself as arbitration counsel in a dispute against the Dominican government that resulted in a compensation of U.S. $ 30 million to a subsidiary of a French bank.
- He has worked in contract negotiations for the purchase of electricity, financing wind generation companies, among others.
- Advised on contract negotiations for the purchase of electricity, financing wind generation companies, among others.
- Assisted a group of lenders in the renegotiation of a US$110 million collateralized long-term loan for a 300MW generation plant
- Represented electricity distribution companies in syndicated financing of about US $75 million
Recognitions
- Chambers Latin America (2008-2013)
- Corporate & Commercial (“‘He's an experienced attorney who understands our business and our needs,’ say sources, who also highlight his crossover disputes skills.”)
- Dispute Resolution (“Marcos Peña Rodríguez … is the standout name for arbitration and litigation cases at the firm. ‘He's a dynamic and innovative lawyer who's always on top of things,’ say sources.”)
- Labor and Employment (“Sources praise him as a brilliant litigator of vast experience.”)
- Chambers Global (2008-2013) (Corporate & Commercial, Dispute Resolution)
- IFLR 1000 (2009-2012) (“Name partner Luis Julio Jiménez and Marcos Peña Rodriguez have both had a hand on most of the firm's important work during the past year and receive impressive market feedback. ‘Marcos is practical and well- regarded,’ one competitor notes, while another adds: ‘They are strong in financial deals’.”)
- Latin American Energy and Infrastructure Guide (2013) (“Leading Lawyer”)
- Who’s Who Aviation Lawyers (2011-2013)
- The Legal 500 (20__ - 2012) (“The highly experienced Marcos Peña heads a very strong disputes practice at Jiménez Cruz Peña.”)
Publications
- Comments on the judgment of August 29, 2012 of the Civil and Commercial Chamber of the Supreme Court of Justice: Mandatory Arbitration in Insurance Matters Violates the Right of Access to Justice [Comentarios a la sentencia del 29 de agosto de 2012 de la Sala Civil y Comercial de la Suprema Corte de Justicia: Arbitraje obligatorio en materia de seguros viola derecho de acceso a la justicia], Revista de los Estudiantes de Derecho de UNIBE, upcoming (Spanish text).
- Posting a Bond for Legal Costs [La Fianza Judicatum Solvi], Recopilación Coloquios Jurídicos, 2011 (Spanish text).
- Getting the Deal Through Arbitration, Chapter on Dominican Republic (2010, 2011).
- Getting the Deal Through Anti-corruption, Chapter on Dominican Republic (2010, 2011).
- The International Comparative Legal Guide, Business Crime, Chapter on Dominican Republic (2011-2013).
- The International Comparative Legal Guide, International Arbitration, capítulo República Dominicana (2012).
- Arbitration in the Dominican Republic, LATINLAWYER, 2013
- Litigation in the Dominican Republic, LATINLAWYER 2013 (coautor con Lisa Diaz y Laura Medina)
- The International Comparative Legal Guide, Litigation and Dispute Resolution, Chapter on Dominican Republic (2011).
