Arbitration & litigation

AVL Abogados has specialized attorneys ready to represent our clients at every stage of a conflict, from assisted negotiation between parties to advocacy in mediation and arbitration (both national and international) as well as in judicial and constitutional proceedings.

We specialize in disputes that require meticulous and strategic handling. Our cases often involve a combination of alternative dispute resolution mechanisms (such as mediation and arbitration) along with actions before ordinary courts.

We are one of the few Ecuadorian firms that combine a range of experiences and factors, making us ideally suited to advise major companies in arbitration and litigation processes. Our team includes professionals with experience as arbitrators, arbitral secretaries, and counsel. They have also worked in global law firms, being part of prestigious litigation teams (such as Dechert in Paris, Holland & Knight in Washington D.C., among others). They are fluent in multiple languages, have an in-depth understanding of how arbitration and judicial procedures operate in Ecuador, and have advised numerous multinational clients, among other qualities.

Our team has extensive experience representing clients in arbitration and litigation proceedings, both nationally and internationally. We have successfully handled a wide range of legal disputes, demonstrating our ability to achieve favorable outcomes for our clients.

The arbitration team at AVL Abogados has represented private clients, investors, and States in international arbitration proceedings under ICSID, International Chamber of Commerce (ICC), and UNCITRAL rules, as well as in local proceedings under the rules of the Quito Chamber of Commerce (CCQ), the Ecuadorian American Chamber of Commerce (AMCHAM), and the Guayaquil Chamber of Commerce.

The litigation team at AVL has over two decades of extensive experience in ordinary commercial and civil disputes, as well as contentious administrative and tax proceedings.

Our team has extensive experience and specialization in conflict resolution.

We have handled a wide range of cases across various sectors and jurisdictions, allowing us to effectively address even the most complex disputes. We operate with the highest standards of a global firm, thanks to our experience with international cases.

Our cases often involve a combination of alternative dispute resolution mechanisms and legal actions before the courts as part of a unified strategy.

The team applies innovative and international practices to all proceedings.

We stand out for our strategic and analytical approach to conflict resolution. We meticulously analyze each case, identify key points, and develop robust and effective strategies to achieve the desired objectives.

We maintain open and transparent communication with our clients throughout the entire process. We provide regular updates on the progress of their cases, clearly explain the available options, and guide them in making informed decisions.

Our priority is to achieve an effective and timely resolution of our clients’ conflicts. We strive to find prompt and fair solutions that meet their interests and allow them to move forward without unnecessary delays.

We have an extensive network of contacts and alliances with law firms and expert witnesses both locally and internationally, allowing us to form strategic collaborations with specialists in various fields.

Learn about our firm's notable cases

Arbitration

  • Advising a Toronto Stock Exchange-listed investment fund on a commercial dispute related to the sale of shares under New York law.

  • Defense in several investment arbitrations in the hydrocarbon industry initiated against the Ecuadorian State under ICSID rules.

  • Defense of an Ecuadorian municipality in two international arbitrations, based in Santiago, Chile, under ICC rules, concerning the construction of a railway project.

  • Advising on a dispute in the telecommunications sector under the Ecuador-Bolivia investment treaty.

  • Advising a Latin American State on the constitutional and legal regime applicable to foreign investments in Ecuador.

  • Several international commercial arbitrations under ICC rules in the infrastructure, security, and aviation industries.

  • Advising a Chilean state-owned oil company in an arbitration before the AMCHAM Quito, where we alleged contractual breaches, abuse of rights, and piercing of the corporate veil.

  • Combining arbitration and constitutional actions to prevent environmental damage related to mining exploitation.

  • Advising an Ecuadorian state oil company in an arbitration initiated by foreign investors for US $120 million before the CCQ.

  • Advising a leading multinational beverage company in an arbitration over the termination of a distribution contract worth over US $10 million before the Arbitration and Mediation Center of the Guayaquil Chamber of Commerce, .

  • Advising a logistics company in an arbitration against a construction firm for construction defects and gross negligence.

  • Dozens of local mediation and arbitration processes in the telecommunications, financial, mining, services, hydrocarbons, and construction industries under the rules of the Quito Chamber of Commerce, AMCHAM, and the Guayaquil Chamber of Commerce.

Litigation

  • Advised on dozens of moral damage lawsuits in local courts for companies providing mass services, saving our clients over US $10 million.

  • Advised one of the largest mining companies in the country in civil proceedings related to alleged damages caused by its operations.

  • Provided counsel to several mining companies in constitutional proceedings seeking to annul environmental permits and mining concessions, including defending our clients before the Constitutional Court of Ecuador.

  • Advised various companies in highly regulated sectors on challenges to administrative acts and contractual disputes.

  • Advised a leading oil services company in lawsuits for the payment of outstanding claims (monitoring, executive, summary, and ordinary processes) totaling over US $14 million.

  • Advised national and international companies in the enforcement of arbitral awards before ordinary courts.

  • Advised one of the leading telecommunications companies in civil judicial processes for the enforcement of real and personal guarantees provided in distribution contracts.

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Recognitions

Chambers Latin America. Dispute Resolution (Desde 2014)

What the team is known for

AVL Abogados has a dynamic disputes practice with a strong track record representing clients in domestic and international arbitration proceedings in Ecuador, particularly those under ICC rules. The team is well placed to assist clients with commercial and administrative litigation, including breach of contract, damages claim, and settlement agreements. AVL Abogados also provides counsel to an impressive client roster from the telecommunications and mining industries.

Strengths

“AVL Abogados has a deep bench with strong expertise when it comes to Ecuadorian litigation.”

Work highlights

AVL Abogados represented CLARO in multiple courts and arbitration proceedings related to contractual breaches and moral damages claims.

What the team is known for

AVL Abogados has a dynamic disputes practice with a strong track record representing clients in domestic and international arbitration proceedings in Ecuador, particularly those under ICC rules. The legal team is well placed to assist clients with commercial and administrative litigation, including breach of contract, damages claims, and settlement agreements. AVL Abogados also provides counsel to an impressive client roster from the telecommunications and mining industries. Club Deportivo Universidad San Martín de Porres is a new addition to the law firm’s client roster.

Strengths

“AVL Abogados has a team capable of handling matters of very high complexity and they are excellent at structuring the strategies.”

Work highlights

AVL Abogados advised Cornerstone Ecuador in different proceedings before local courts as well as the Constitutional Court regarding mining activities in Imbaura, in Ecuador.

What the team is known for

Significant disputes practice with a strong track record representing clients in domestic and international arbitration proceedings, particularly those under ICC rules. Well placed to assist clients with commercial and administrative litigation, including breach of contract, damages claims and settlement agreements. Routinely provides counsel to an impressive client roster from the telecommunications and mining industries.

“AVL Abogados’ service levels and responsiveness are very strong. Its team is excellent and always attentive to our needs.”

Strengths

An impressed client enthuses: “AVL Abogados work very well as a team and they stand out in the market for their transparency, excellent advice and close, personalised service.”

Work highlights

AVL Abogados advised CLARO on several commercial litigation cases, including contractual breaches and damages claims.

What the team is known for

Significant disputes practice with a strong track record representing clients in domestic and international arbitration proceedings, particularly those under ICC rules. Well placed to assist clients with commercial and administrative litigation, including breach of contract, damages claims and settlement agreements. Routinely provides counsel to an impressive client roster from the telecommunications and mining industries.

Strengths

An interviewee commends the firm, stating: “They have a very good international arbitration practice with a team of professional lawyers who offer strong technical knowledge of the area.”

Work highlights

Represented the Municipality of Cuenca in an international arbitration under ICC rules, related to a breach of the contract for the construction of the Tramway of Cuenca. The matter was valued at approximately US $120 million.

Xavier Andrade

“Xavier Andrade Cadena’s contributions to the case strategy are always on point. He delivers excellent work, possesses business acumen, and has key knowledge of litigation in Ecuador.”

Estefanía Fierro Valle

“Estefanía Fierro Valle is a very committed lawyer with deep knowledge of Ecuadorian law and litigation practice.”

Chambers and Partners, Global. Dispute Resolution (Desde 2014)

Leaders League

Litigio civil y comercial

Excelente

Arbitraje

Excelente

When is a Lawyer Needed in the Area of Arbitration and Litigation?

  • Preventing a Dispute: Developing a defense strategy, assisting in negotiations, reviewing agreements, and drafting settlement documents.

  • Mediation: Preparing the case strategy, reviewing potential settlements, analyzing the economic aspects of the law, and assisting in various hearings.

  • Representation in Judicial Proceedings: Developing the defense strategy and case theory; representing clients in first-instance trials, appeals, cassations; preparing written arguments, producing evidence, conducting expert and witness examinations, and defending oral arguments.

  • Representation in Arbitral Proceedings: Developing the defense strategy and case theory; preparing evidence, drafting written arguments, producing evidence, conducting expert examinations, and preparing for and attending substantive and procedural hearings.

What services does AVL Abogados provide in this area?

  • Commercial and investment arbitration: trade and international relations inevitably lead to disputes between parties. We have extensive experience in international arbitration representing companies and States in commercial and investment disputes. Our services include advice in arbitration proceedings under different rules.

  • Negotiation and Mediation: We incorporate alternative dispute resolution mechanisms such as negotiation and mediation into our practice, helping our clients resolve conflicts effectively before initiating arbitration or judicial proceedings.

  • Administrative Litigation: We represent our clients in all types of contentious cases related to actions by administrative authorities, from administrative appeals to judicial and constitutional processes.

  • Civil Litigation: We represent our clients in all types of civil disputes. We have extensive experience in cases involving contractual and non-contractual civil liability, quantification of damages, and moral damage.

  • Constitutional Litigation: We possess vast experience in constitutional trials and actions, including extraordinary protection actions.

  • Competition Litigation: We advise and represent our clients in civil and administrative matters related to competition law and decisions issued by the authorities.

  • Labor Litigation: We represent our clients in all labor-related conflicts. We implement litigation strategies to help reduce our clients’ labor contingencies.

  • Mining Litigation: Our extensive experience in litigation and mining allows us to understand disputes and provide effective advice to clients.

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