Claudio Cajina

Arbitration

Litigation and Dispute Resolution

White Collar and Government Investigations

Claudio leads the litigation and dispute resolution team in Dentons' Peru office. He has extensive experience representing and litigating on behalf of major domestic and international corporate clients from multiple sectors including mining, real estate, manufacturing, health care and restaurants.

His academic and professional training allows him to have a complete vision of a conflict and to design comprehensive strategies that can, when necessary, involve criminal, civil, arbitration and / or constitutional processes. This comprehensive vision has made Claudio highly sought after in highly publicized cases, where he is able to craft an effective communication plan to defend our client´s message, brand or operation.

During his more than 20 years of professional practice, he has participated in some of the most important judicial processes in the country, and has appeared in civil, criminal, administrative and constitutional courts and even foreign courts, to which he has been summoned as an expert in Peruvian procedural law. This extensive experience in dispute resolution allows Claudio to provide his clients with strategic legal advice and achieve optimal results.

Currently, given the rise of the use or arbitration as a means of dispute settlement, Claudio has developed his arbitration practice and has sponsored clients in important arbitration processes on investments, mining, real estate, corporate, contractual, construction, contracting with the State, among others. He is also a highly sought-after arbitrator in Lima, giving him in-depth insight into refereeing strategy.

- Backus ABInBev: Representing this leading beer and non-alcoholic beverage company in Peru, in legal proceedings to challenge administrative decisions that determine our client´s obligation to pay significant sums of money in terms of taxes, interest, and fines.

- Backus AB InBev: Advising in a defense strategy against a "double-charge" from the District Municipality of Rimac. The success of the strategy has meant the that formal legal proceeding have been avoided and we have successfully defended our client against an irregular action of an entity with many competencies and powers over our client's factory.

- Empresa Ariana Operaciones Mineras S.A.C.: Representing our client, owner of the “Ariana” mining project, in a constitutional protection trial (Amparo), started by a group of congressmen and an NGO who consider that the project's execution could undermine the safety Lima's drinking water.

- Arcos Dorados: Assisting the world's largest independent McDonald's franchisee and the largest quick-service restaurant chain in Latin America and the Caribbean, on the damage control strategy as a result of a work accident which resulted in the death of two employees, for which our client received excessive backlash, including from public officials. Representing in several administrative process related to the fines imposed stemming from the work incident as well as in the extrajudicial negotiations with the victims´ families.

- Rutas de Lima S.A.C: Assisting the company responsible for the concession of a large part of the tracks, bridges, tolls, and roads surrounding Lima, in several compensation processes for elevated sums as a result of the deficient or incomplete process of expropriation of land carried out by the Municipality of Lima.

- Rutas de Lima S.A.C: Representing the concessionaire of a large part of the tracks, bridges, tolls, and roads surrounding Lima, in several constitutional court proceedings where our client is a defendant from alleged violations to the freedom of movement because of the presence of tolls or rights of way. These processes put the company´s operations financial viability at risk.

- Paz Centenario S.A.: Representing one of the most important real estate developers in Peru, in various contentious-administrative processes derived from decisions issued by the Consumer Protection Commission (INDECOPI) within the framework of consumer protection processes, in which several clients allege the breach of any end of the real estate sale offers made by Paz Centenario.

- Industrias Fibraforte S.A.: Representing one of the leading producers of fiber roofing in Peru in a judicial process. The claimant alleges that the land acquisition of their new manufacturing plant violates the right of ownership of a Human Settlement. Matter value US$28 million.

Arbitration

- Agríbusiness Export Company: Advising in an arbitration proceeding with a minority shareholder who alleges a breach of a preferential acquisition right of their product destined for the US market. Matter value US$2.7 million.

- Mining Company: Representing in an arbitral proceeding for alleged damaged in excess of US$6 million stemming from a breach of contract.

- Aeropuertos de Peru S.A.: Assisting in pre-arbitration proceedings between our client and the Ministry of Transport and Communications for imposition of penalties for breach of contact on behalf of our client.

- Aeropuertos Andinos del Peru S.A.: Representing our client in five arbitration proceedings in which the Government of Peru is claiming that our client failed to carry out periodic environmental monitoring at the five airports concessions. The repercussions of these arbitration proceedings could go as far as revoking the concession contract.

University of Lima

Law

2000