Ranked in 2 Practice Areas
3

Band 3

Public Law

Colombia

10 Years Ranked

4

Band 4

Competition/Antitrust

Colombia

11 Years Ranked

About

Provided by Ximena Zuleta

Latin America

Practice Areas

Public Law, Infrastructure, Project Development, Litigation, Arbitration, Competition and Antitrust.

Career

Ximena is a partner in the firm’s (i) public law, infrastructure and project development, (ii) litigation and arbitration and (iii) competition and antitrust practice groups. She is consistently ranked as a leading lawyer by international legal directories. Her 30 years of experience include roles on a range of major government tender processes as well as government procurement and infrastructure contentious matters, including litigation and domestic and international arbitration. She benefits from an international education at Pace University and an LLM from Harvard Law School, and from a period at formerly leading dispute resolution boutique firm Fernández de Soto & Asociados. In the public law and project development area, Ximena lately advised clients in the tender processes for the award of several 5G toll road projects, the Metro de Bogota L1 and the Regiotram projects. In the dispute resolution area, Ximena is currently taking part in a construction ICC arbitration.

Work Highlights

Public law

Aqualia Latinoamérica S.A. E.S.P: Advised Aqualia in the preparation of the offer to participate in the public invitation called by the company Espuflan E.S.P. for the purposes of contracting the (i) operation; (ii) enlargement; (iii) rehabilitation; (iv) maintenance of the infrastructure and (v) commercial management of the public services of the aqueduct and sewerage of the municipality of Flanders, Tolima, as well as in the signing of the contract.

5G Toll Road Concession Accesos Norte II:Advised STRABAG in the second 5G toll road concession tender process announced in Colombia in 2021 by the Agencia Nacional de Infraestructura (ANI). The advice included complying with the tender’s requirements, submission of the offer and analysis of the concession agreement’s risks to be executed.

5G Toll Road Concession Troncal del Magdalena: Advised STRABAG in the third and fourth 5G toll road concession tender process announced in Colombia in 2021 by the Agencia Nacional de Infraestructura (ANI).

Litigation and Dispute Resolution

Construction Consortium of the Medellín Metro: Advising on the International Arbitration Tribunal (UNCITRAL Rules) that settled disputes against the ETMVA (now Metro de Medellín Ltda.). The arbitration award is November 2007; a conviction was obtained in favor of the construction consortium of US $ 160 million. The controversies were technical claims for greater permanence in the work and others. This arbitration required five different expert opinions: i) civil-technical; ii) technical-electromechanical; iii) accountant; (iv) financing of the project and (v) an expert opinion on quality issues of the rail system.

Consortium building a wastewater treatment plant:

Advice and representation in a Commission for Dispute Resolution that decided claims of greater permanence and other technical claims.

Advice and representation in an ICC arbitration against a subcontractor.

Competition and Antitrust

Representation of Cementos Andino S.A. in a cartel investigation conducted by the competition authority, the Superintendence of Industry and Commerce (SIC), in 2005, against several cement companies and their legal representatives.

Representation of two sugar mill companies (Ingenio San Carlos and Ingenio Providencia) in a cartel investigation conducted by the SIC, in 2008, against several sugar mills and their legal representatives (price agreement in the purchase of sugarcane).

Representation of MasterCard, as an interested third party, in the cartel investigation conducted by the SIC in 2011, against Asobancaria, Redeban, Credibanco and several banks, for an alleged price fixing agreement in setting the interchange fees.

Languages Spoken

English; Spanish

Education

Universidad de los Andes

JD

1989

Elisabeth Haub School of Law at Pace University

International Trade Law

1992

Harvard Law School

LL.M.

1993

Pontificia Universidad Javeriana

Competition Law and Free Trade

2009

Awards

Competition & Antitrust, Leading Individual.

The Legal 500

2023

Public Law, Leading Individual.

The Legal 500

2023

Public Law (Band 4).

Chambers Latin America

2023

Project Development, Highly Regarded.

IFLR

2022

Women Leaders.

IFLR

2022

Women Leaders.

IFLR

2021

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