LATIN AMERICA

Extensive history clients in Latin America with aviation, commodities, energy, oil and gas, insurance and shipping related matters.

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HFW IN LATIN AMERICA

We have decades of experience advising on the most complex and high-value claims across Latin America, and our strong relationships with the best local counsel in each jurisdiction enables us to provide seamless domestic and cross-border advice on a comprehensive range of contentious and non-contentious matters.

We also operate a formal cooperation with Brazil’s leading aviation and insurance firm, Costa, Albino & Rocha Advogados (CAR), which has offices in São Paulo and Rio de Janeiro. For further information on CAR, please visit www.car-law.com.br.

Our experience in AEROSPACE

Advising in connection with every major aviation crash in Brazil in the past 20 years.

Advising Caribbean Airlines and insurers in connection with claims and issues arising from the runway excursion of a B737 aircraft in Georgetown, Guyana in July 2011 giving rise to total loss and passenger claims.

Assisting TAME in connection with runway excursions in Ecuador in September 2011 and April 2016.

Our experience in Energy

Advised on bids for petroleum hydrocarbon and mineral exploration and production rights in Mexico, Colombia, Suriname, Brazil, Venezuela, Argentina and elsewhere in Latin America, involving reviewing local petroleum legislation and advising on PSAs and JOAs.

Acting for various international offshore, oil & gas contractors in the negotiation and drafting of long terms services and charter contracts for provision of services offshore Brazil.

Acting for various international oilfield services contractors and drilling contractors in tender and bid programs for oilfield services and drilling services (onshore and offshore), and in the negotiation and drafting of related oilfield services and drilling contracts, for NOCs and IOCs throughout Latin America and Mexico.

Our experience in Insurance & Reinsurance

Representing a leading independent reinsurance group in connection with a US $250 million property damage and business interruption claim following a fire at an oil refinery in Illinois USA owned by a Venezuelan state-owned oil company.

Instructed by the captive insurer of a major petroleum company in relation to two separate losses arising from explosions at two of the insured’s offshore platforms located off the coast of Mexico, allegedly caused by accelerated corrosion and manufacturing defects.

Representing a leading Peruvian utility company in a dispute with its insurers, a Peruvian insurance company, under its Contractor All Risks (CAR) and Advanced Loss of Profits (ALOP) policy for values up to US $29 million.

Advising a shipping company on the merits of an excessive demand for emergency / salvage and port fees following the grounding of the ‘Sea Melody’ at Rio Grande, Brazil (cc US $1.6 million).

Instructing London market E&O underwriters of a South American reinsurance broker in Chile in connection with alleged failures in securing back to back cover for its client’s insurance, as fronting insurer, of a state-owned port owning corporation under a US $1 billion programme.

Acting as defence counsel for a Colombian reinsurance broker arising from the placement of reinsurance in relation to professional indemnity insurance taken out by the Chamber of Commerce of Bogota valued at COP12bn.

Advising an Anglo-Australian multinational mining, metals and petroleum dual-listed public company in relation to a Brazilian mining company’s claim under US $600 million Property Damage/Business Interruption Policy following the breach of the Fundao dam on 5 November 2015.

Acting for the latent owners of a private equity and venture capital firm in respect of losses arising from the conversion of a decommissioned military patrol vessel to a superyacht.

Advising a residential public utilities company on coverage related issues to a potential loss of up to US $3 billion due to heavy floods, which occurred at Colombia’s largest hydroelectric dam project.

Advising on the constructive total loss claim of a turbine worth US $14 million after it was dropped onto the quayside in Antwerp during loading onto a vessel in 2001, now worth in excess of US$80 million.

Our experience in Shipping

Advised a global container terminal operator in relation to the acquisition of a 50% stake in a new Brazilian terminal development, including negotiating the share purchase agreement, shareholders’ agreement and long-term terminal service agreements for major affiliated container shipping lines.

Advised Pacific Basin on its participation in a newly formed US $20 million Mexican joint-venture, Nafta Gulf Bridge SAPI de C.V., which established a ferry service operating in the Gulf of Mexico between Mobil, Alabama, USA and Veracruz, Mexico. The joint venture ferry service, the first of its kind, brought together a unique mix of JV partners located around the world.

Multi-million dollar cargo claim: LMAA Arbitration – representing voyage charterers in a claim against disponent owners for substantial losses arising out of contamination (excess acidity) of the ethanol parcel of a co-loaded ethanol/ultra-low sulphur diesel cargo, involving the ports of Itaqui and Suape, Brazil and complicated issues relating to the Brazilian ANP Fuel Ethanol Specifications.

Our experience in Commodities

Advising Sucafina Brasil on a $110m syndicated pre-export finance facility with Rabobank, Société Générale, ING and Natixis for the purchase and storage of green coffee, secured inter alia by a security over inventories (penhor mercantil) governed by Brazilian law. The original transaction was awarded TXF Soft Commodities Deal of the Year 2018.

Advising an international grain trader on numerous structured trade finance transactions involving Latin American banks – Banco de Bogota, Bancolombia, Banco do Brasil, Itau Corpbanca and Bladex.

Advising a grain trader on intra-group receivables purchase agreements involving Brazilian soft commodity export flows.