Roy de Jesús Herrera

Practice Areas

Arbitration

Banking and Finance,

Intellectual Property and Technology

Litigation and Arbitration.

Professional Memberships

Arbitrator, AMCHAM International Center for Conciliation and Arbitration.

Member, Latin American Arbitration Association.

Member, Board of Directors of the International Center for Conciliation and Arbitration of the Costa Rican-American Chamber of Commerce

Former President, Board of Directors of the International Chamber of Commerce (ICC), Costa Rica Chapter

Founding member, Costa Rica Chapter of the Spanish Arbitration Club

Arbitration Commission of the International Chamber of Commerce, Costa Rica Chapter

Founding member, Young Arbitrators Forum, Costa Rica Chapter

Member, American Association of Private International Law

Member, International Bar Association

Arbitrator, International Center for Conciliation and Arbitration of the Costa Rican-American Chamber of Commerce

Arbitrator, Costa Rican Chamber of Commerce’s Center for Conciliation and Arbitration

"Curator Ad Litem" approved by the Costa Rican Supreme Court of Justice

Publications

• “25 años de la Ley RAC – del dualismo al monismo”; Co-author, 2023, Editorial ED Nexo.

Personal

Roy heads the Firm's litigation team in Central America and focuses his practice on complex litigation and arbitration. Under his leadership, the litigation and dispute resolution team has developed a renowned national and international reputation thanks to his creative legal solutions, his implementation of clear and effective strategies, and his skillful management of multi-jurisdictional litigation that frequently involves the participation of multiple lawyers and practice areas.

He is a powerful, analytic, and reliable litigator with a great business vision. His clients appreciate his adroitness in finding simple solutions to complex problems, his role as leader of a solid and efficient team, and his ability to handle really difficult and complicated negotiation processes.

Moreover, Roy is very knowledgeable about banking and securitization of assets, public and modern commercial contracts, development of preventive legal strategies, and litigation in environmental law. Additionally, he advises on matters of intellectual property and on civil law, and counsels energy companies.

Work Highlights

● A Chinese oil and gas company and a public institution: Acting as local counsel to our client, which was involved in the first international commercial arbitration against a Costa Rican state-owned oil refinery. The arbitration was held before the International Chamber of Commerce (ICC) for the breach of a joint venture agreement entered between the parties. These breaches stalled the project to expand a refinery in Costa Rica. The award was favorable to our client’s interest, since it was demonstrated that our client always acted in good faith and in compliance with the joint venture agreement. Additionally, our client was not forced to pay any damage.

● A Costa Rican airport: Representing a multinational consortium of creditors that seeks to secure the collection of an approximately US$ 200 million loan borrowed under a bond secured credit by the Costa Rica Juan Santamarina Airport operator (“AERIS”).

● Two European lenders/financial entities: Providing advice on the strategy for achieving the foreclosure of securities of a Trust Agreement, and the collection of the investment for the amount owed by the counterparty, one of the biggest pineapple production company in Costa Rica. We designed a strategy to restructure the debt and/or file a potential arbitration proceeding in New York, pursuant to the Guaranty Agreement and we obtained a favorable outcome due to the debt was restructured and our client was able to transfer (sell) its credit to Promerica Bank.

● A public institution: Representing the Costa Rican governmental institution, in an ICC arbitration filed by a Spanish construction engineering company. The counterparty argues that our client applied unlawful penalties to the price of the contract, and filed the arbitration requesting compensation. Nonetheless, the contract established a dispute board mechanism, prior to filing the arbitration, which the counterparty did not pursue.

● A Spanish construction company: Representing our client in an arbitration held before the International Conciliation and Arbitration Centre of the Costa Rican-North American Chamber of Commerce (CICA), filed by two Costa Rican companies that had been subcontracted by our client for the construction of a highway. Claimants argue that our client owes them several invoices, while our client argues that Claimants abandoned the project without notice, and constantly failed to comply with its contractual obligations.

Expert in these Jurisdictions

Central America

Languages Spoken

Spanish

English

Education