Marcos Peña Rodríguez

Practice Areas

Marcos Peña R. is founding partner of JP, law firm located in Santo Domingo, D.R. He is former member of the Board of Directors of the Consumer Protection Agency, nominated by the Dominican business community and former president of the British Chamber of Commerce. Marcos is currently a member of the ICC International Court of Arbitration representing the Dominican Republic. He is a member of the Board of Directors of the Center for Dispute Resolution of the Chamber of Commerce of Santo Domingo. He is an independent director at the Bolsa de Valores de la Republica Dominicana (BVRD) and at Primera ARS de Humano. At Jimenez Peña, he focuses his professional practice on litigation and alternative dispute resolution (local and international arbitration), as well as economic regulation, energy, project finance, and government (contracts, concessions, and legislation).

Mr. Peña has been recognized by Chambers Latin America, Chambers Global, IFLR, Who’s Who and Legal 500.

Marcos has acted as arbitrator in international and local arbitrations and as local and lead counsel in international and local arbitrations. He has also appeared as expert witness in matters of Dominican law.

Professional Memberships

Member of the board of directors of Instituto Dominicano de las Telecomunicaciones, INDOTEL (2016-2020)

Member of the board of directors of Instituto de Protección al Consumidor (ProConsumidor)

Dominican Member of Corte Internacional de Arbitraje CCI (2012- 2015)

Member of the board of directors of Asociación Nacional de Jóvenes Empresarios, Inc., ANJE (2002-2005)

Member of the board of directors of Fundación Institucionalidad y Justicia, Inc. FINJUS (2002-2007)

Member and vicepresident of the board of directors of Centro de Resolución Alternativa de Controversias de la Cámara de Comercio y Producción de Santo Domingo (2002-present)

Vicepresident of Cámara Británica de Comercio BRITCHAM (2002-2006) vicepresidente (2006-2010) Presidente (2010-2012)

Member of TRACE International para la República Dominicana

Past President of Asociación de Abogados Empresariales, Inc. (ADAE)

Independent director of Bolsa de Valores de la República Dominicana (BVRD),

Independent director of Primera ARS de Humano

Publications

La producción de documentos en el arbitraje internacional: el rol del Redfern Schedule

Doing Business In… 2022

La intervención de terceros ante la jurisdicción ordinaria y ante la jurisdicción arbitral

JCP contribuye con la publicación Getting the Deal Through 2012

JCP contribuye con la publicación International Comparative Legal Guide en su edición especial del 2012 Business Crime

Work Highlights

- Advised V Energy, S.A., a subsidiary of Total on the acquisition of a majority stake in Plater Investment, S.A., one of the main distributors of liquified natural gas (LNG) in the Dominican Republic, the operations of which include transport through virtual and traditional pipelines, regasification plants, and service stations, as well as the design, operation and maintenance of all its installations. The deal strengthens Total’s position in the Dominican energy sector, and forms part of its growth strategy throughout the LNG supply chain, as well as signals its entrance into the local gas distribution sector.

- Proposed senior secured loan for an amount up to US$10,000,000.00, to an educational foundation in the Dominican Republic, with the purpose of financing CAPEX investments and related working capital needs in connection with its investment plan to guarantee the future needs of educational programs, facilities and laboratories, and the acquisition and application of educational software.

- Performed the legal due diligence for a prospective investment in a 34 MW wind farm currently in operation in the municipality of Baní, province of Peravia, Dominican Republic, as well as in two 50 MW wind farms and one 45 MW photovoltaic project, which are in the early stages of development. JP assisted with the review and analysis of all corporate, regulatory, real property, insurance, and tax matters, as well as of each project’s material agreements, holding discussions with the energy authorities related to the potential granting of the expansion of the project capacity, and conducting negotiations related to obtaining a PPA for the additional capacity.

- Assisted Alstom Group, Alstom International, Alstom Grid and Alstom Transport in the claim Megabar brought before local courts in the Dominican Republic against Alstom Group, Alstom International, Alstom Grid and Alstom Transport for payment of over €5 million in commissions arising out of a Representation and Consulting Agreement, and indemnity for the alleged damages caused due to the breach of contract by the defendants. The legal basis of the claim is Law 173 for the Protection of Agents Importers of Merchandise and Products dated April 6, 1966. The agreements include an arbitration clause. JP prevailed in its defense regarding the lack of application of indicated Law 173 as well as the applicability of the arbitration clause. This case set an important precedent considering that it was established that the protection of public order established by Law 173 did not apply and the arbitration clause prevailed.

Languages Spoken

Provides services in her native language, Spanish and English.