Experience
Ximena is a partner at the Firm in the Public Law, Infrastructure, Projects, and Government Contracting practice groups. She also plays an active role in the Litigation and Arbitration and Competition practices. Ximena has been consistently recognized as a leading lawyer by major international legal directories. Her 35 years of experience include involvement in significant public tenders as well as contentious matters, including domestic and international litigation and arbitration related to infrastructure projects. She regularly advises foreign companies on the execution of government contracts, including representation in administrative sanction proceedings and fiscal liability cases.
Ximena benefits from an international education at Pace University and holds an LL.M. from Harvard Law School. She also gained valuable experience as an attorney at the boutique law firm specializing in dispute resolution, Fernández de Soto & Asociados (formerly Fernando Londoño Abogados, 1997–2010).
Experience
Public Law
Aqualia Latinoamérica S.A. E.S.P. (Spain): Legal advice regarding the public invitation issued by Espuflan S.P. for the contracting of (i) operation; (ii) expansion; (iii) rehabilitation; (iv) maintenance of infrastructure; and (v) commercial management of the public water supply and sewerage services in the municipality of Flandes, Tolima, as well as the contract execution.
STRABAG (Austria) – 5G Northern Access II Concession: Legal advice in the public bidding process launched by the National Infrastructure Agency (ANI) for the award of the fifth-generation (5G) road concession project, Northern Access II.
STRABAG (Austria) – 5G Magdalena Trunk Concession: Legal advice in the public tenders launched by ANI for the award of fifth-generation (5G) road concessions, Magdalena Trunk routes.
STRABAG (Austria) – 5G Cali–Palmira Access Concession: Legal advice in the public bidding process launched by ANI for the award of the fifth-generation (5G) road concession, Cali–Palmira Access.
Sunrise Consortium (Acciona, Impregilo, Ansaldo, Hitachi) – Bogotá Metro Line 1: Legal counsel during the prequalification and public bidding process for the First Line of the Bogotá Metro.
Regiotram: Legal counsel to a consortium in the public bidding process for the Regiotram project.
Volvo do Brasil Veículos Ltda: Legal counsel to VOLVO, as manufacturer, in: (i) the public tender launched by TransMilenio (Bogotá’s mass transit system) for the award of six concession contracts for the provision, financing, operation, and maintenance of the entire fleet (1,440 buses); and (ii) the drafting and negotiation of the contracts signed with clients for the sale of the buses. Our firm also acted as local counsel to Volvo Trade Finance in the financing of the fleet purchase.
Graña y Montero (Peru): Legal advice in six prequalification processes launched by ANI for the award of 4G highway concession contracts.
Controladora de Operaciones de Infraestructura S.A. de C.V. (Mexico): Legal advice in prequalification processes for the award of 4G highway concession contracts for the Honda – Puerto Salgar – Girardot and Mulaló – Loboguerrero and Cali – Dagua – Loboguerrero corridors, convened by ANI as part of bidding procedures.
Agunsa (Chile): Legal counsel during the prequalification process for the concession contract of the Barranquilla International Airport, launched by ANI.
Graña y Montero (Peru) and Pavimentos Colombia: Legal advice in the public bidding process launched by ANI for the award of the concession contract for the Barranquilla International Airport.
Graña y Montero (Peru): Legal counsel during the prequalification process launched by the Office of the Attorney General for the bidding of a concession (PPP) contract for the design, construction, operation, and maintenance of its headquarters in Cali.
Graña y Montero (Peru): Legal advice in the (i) prequalification process for the future concession tender of the Pereira Airport, and (ii) public bidding process.
Colbún S.A. (Chile): Legal counsel during the bidding/auction process carried out by the Colombian Government for the sale of shares in ISAGEN S.A. E.S.P. The estimated transaction value was over US$2 billion.
TV Azteca S.A.B. de C.V. and Total Play Telecomunicaciones S.A. de C.V. (Mexico) – Digital Connections Project: Legal advice in (i) the public bidding process launched by the Ministry of Information Technologies and Communications (MinTIC) for the award of a contract to provide internet connections to 140,000 households in Colombia’s poorest areas across over 500 municipalities, up to the contract award in December 2013; and (ii) subsequently, throughout more than six years of contract execution.
TV Azteca S.A.B. de C.V. and Total Play Telecomunicaciones S.A. de C.V. – National Fiber Optic Project: Legal advice in the public bidding process launched by MinTIC for the award of a contract to install fiber optic infrastructure in 788 municipalities in Colombia. We have advised these clients on this project from the contract award in 2011 to date.
TV Azteca S.A.B. de C.V. and Total Play Telecomunicaciones S.A. de C.V. – Vive Digital Kiosks Project: Legal advice in the public bidding process launched by MinTIC for the award of a contract to install 1,500 Vive Digital Kiosks in various municipalities in Colombia.
TV Azteca S.A.B. de C.V. – 4G Spectrum Auction: Legal counsel in the process for the granting of rights to use up to 225 MHz of radio spectrum in the 1,850 MHz–1,990 MHz, 1,710 MHz–1,755 MHz paired with 2,110 MHz–2,155 MHz, and 2,500 MHz–2,690 MHz frequency bands, for the operation and provision of mobile terrestrial service, launched by MinTIC.
Controladora de Operaciones de Infraestructura, S.A. de C.V. (CONOISA), ALCA Engineering S.A.S., NOARCO S.A. and DICON Ltda.: Legal advice in public tenders conducted by INVIAS – “Priority Corridors for Prosperity” Program.
Ingenieros Civiles Asociados, S.A. de C.V., Masering S.A.S., Constructora MECO S.A., TARSCO, INC. and A&D Alvarado y Durante. S.A.S.: Legal advice in the bidding process launched by Sociedad Portuaria Puerto Bahía S.A. for the construction of an oil port in Cartagena Bay, Colombia, near the mouth of the Canal del Dique, at the northern end of Barú Island (Puerto Bahía Project).
Ingenieros Civiles Asociados, S.A. de C.V. – ICA: Legal counsel in Public Tender No. 5/439 (Sogamoso III), launched by ISAGEN S.A. E.S.P., for the construction of replacement works for the Bucaramanga–San Vicente de Chucurí road in the Lisboa–La Canana section, including road connections to Montebello and Peñamorada (Group III), and including bridges.
Smartmatic International Holding B.V. and Dataprom Equipamentos e Serviços de Informática Industrial Ltda.: Legal counsel in Public Tender No. TC-LPN-005 of 2010 launched by Transcaribe S.A., for the concession of the design and operation of the fare collection and operations management system of the integrated mass transit system in Cartagena de Indias. We advised Smartmatic and Dataprom, the contract awardees, in April 2011.
Ingenieros Civiles Asociados, S.A. de C.V. and Atlatec: Legal advice in International Public Tender No. PR-2011-001 launched by Aguas Nacionales EPM S.A. E.S.P., for the design, manufacture, supply, assembly, and field testing of electromechanical equipment, execution of civil works, and commissioning and operation of the Bello Wastewater Treatment Plant.
Ingenieros Civiles Asociados, S.A. de C.V., Construcciones y Trituraciones, S.A. de C.V. and Estyma Estudios y Manejos S.A.: Legal counsel in International Public Tender No. PR-2010-031, launched by Aguas Nacionales EPM S.A. E.S.P., for the detailed design and construction of the Medellín River North Interceptor Tunnel and related works under a lump-sum contract (US$60 million).
Litigation and Dispute Resolution
Consortium of the Medellín Metro Construction: Advised in the International Arbitration Tribunal (UNCITRAL Rules) that resolved the disputes between the construction consortium and ETMVA (now Metro de Medellín Ltda.). The arbitral award was issued in November 2007, resulting in a ruling in favor of the construction consortium for US$160 million. The disputes involved technical claims for extended stay on site and other related issues.
Construction consortium of a wastewater treatment plant:
Advised and represented the client before a Dispute Board that decided on claims related to extended stay on site and other technical claims.
