Latin America - Latin America: International firms
Sidley Austin LLP
Sidley Austin LLP remains active in both investor-state and commercial arbitrations, most notably in the energy, construction, financial services, mining and real estate sectors. In state representation, the firm has acted for the Republic of Peru in a series of cases, and also has successfully defended the Republic of Colombia. New York and Singapore-based partner Tai-Heng Cheng has represented a number of Asian clients in cases against Latin American states, while New York partner Simon Navarro handles a mix of commercial and investor-state work, particularly in representing Spanish and European clients in energy disputes against Latin American entities. Former (international arbitration) senior managing associate María Carolina Durán and counsel Courtney Hikawa left the firm in August and October 2023, respectively.
Legal 500 Editorial commentary
Testimonials
Collated independently by Legal 500 research team.
‘The Sidley Austin team is discerning, skilled and highly trained.’
‘The Sidley Austin team is without a doubt the best in the business when it comes to investment arbitration. We act as their local partners in various ICSID arbitrations and the quality of their work and dedication to cases is unmatched.’
- ‘The Sidley Austin team is highly trained to resolve complex issues in complex disputes. Their lawyers are very skilled and understand the perspectives of international arbitration very well.’
Key clients
- PACC Offshore Services Holdings (POSH)
- TC Energy Corporation
- The Republic of Peru
Work highlights
- Obtained a victory for PACC Offshore Services Holdings (part of the Kuok Group of Singapore), in an investment treaty arbitration against Mexico administered by ICSID under UNCITRAL Rules (ICSID Case No. UNCT/18/5), which concerned the expropriation of the claimant’s investment in the Mexican offshore marine services industry.
- Represented long-time client the Republic of Peru in successfully limiting the ICSID tribunal’s award to just 5% of the more than $150m in damages sought by Autopista del Norte S.A.C. (AUNOR) for alleged cost overruns incurred by AUNOR and its subcontractor, OHL Construcción, in relation to the upgrading of a stretch of the Pan-American Highway; the Tribunal agreed with Peru on various aspects of the dispute between the parties regarding the quantification of damages, including the applicable interest rate and the application of taxes.
- Representing Peru in a pair of parallel ICSID cases brought separately by US (majority) and Netherlands (minority) shareholders in a copper mining project in connection with billions of dollars in taxes imposed on portions of the project; Freeport-McMoRan v. Republic of Peru (ICSID Case No. ARB/20/8) and SMM Cerro Verde v. Republic of Peru (ICSID Case No. ARB/20/14)).
Lawyers
Next Generation Partners
Practice head
The lawyer(s) leading their teams.
Tai-Heng Cheng