Monteblanco Law Group https://monteblancolaw.com/ INTERNATIONAL LAW BOUTIQUE Sat, 03 Dec 2022 20:04:14 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 https://monteblancolaw.com/wp-content/uploads/2022/04/cropped-Untitled-500-×-500-px-3-32x32.png Monteblanco Law Group https://monteblancolaw.com/ 32 32 Business Formation & Start-Ups https://monteblancolaw.com/2022/12/03/business-formation-start-ups/ https://monteblancolaw.com/2022/12/03/business-formation-start-ups/#respond Sat, 03 Dec 2022 18:18:06 +0000 https://monteblancolaw.com/?p=1157 Our services for Lima, New York, Madrid, and London include: – Selecting the right International corporate structure of operation – Formation of tax-exempt (not-for-profit) companies – Employment agreements, contractor agreements and termination/severance agreements – Negotiation and preparation of deal term sheets, International operating agreements and shareholder agreements – International Business formation and dissolution – Commercial […]

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Our services for Lima, New York, Madrid, and London include:

  • - Selecting the right International corporate structure of operation
  • - Formation of tax-exempt (not-for-profit) companies
  • - Employment agreements, contractor agreements and termination/severance agreements
  • - Negotiation and preparation of deal term sheets, International operating agreements and shareholder agreements
  • - International Business formation and dissolution
  • - Commercial leasing, financing and closings
  • - International Partnership agreements, joint venture agreements and strategic alliance agreements
  • - Non-disclosure agreements, confidentiality agreements, non-compete, and non-solicitation agreements

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]]> https://monteblancolaw.com/2022/12/03/business-formation-start-ups/feed/ 0 Corporate Litigation https://monteblancolaw.com/2022/12/03/corporate-litigation/ https://monteblancolaw.com/2022/12/03/corporate-litigation/#respond Sat, 03 Dec 2022 18:00:51 +0000 https://monteblancolaw.com/?p=1132 A reality in corporate life is that commercial transactions and contractual relationships don’t always go as planned. When disputes arise, having a strong litigation team in your corner is crucial to protecting your interests and legal rights. The attorneys at Monteblanco Law Group can help. With a solid understanding of the nuances and complexities that […]

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A reality in corporate life is that commercial transactions and contractual relationships don’t always go as planned. When disputes arise, having a strong litigation team in your corner is crucial to protecting your interests and legal rights.

The attorneys at Monteblanco Law Group can help. With a solid understanding of the nuances and complexities that can come with corporate litigation and experience representing individuals and businesses of all sizes in the Peruvian Court System, you can be confident your legal matters are in talented and experienced hands.

Representation That Meets Your Needs
The experienced litigation attorneys at Monteblanco Law Group are committed to fighting for our clients’ rights in a wide range of legal matters, including derivative suits, shareholder disputes, partnership disputes and dissolutions, breach of contract matters, and more.

Business disputes may indicate a fundamental misunderstanding about a provision in a contract or agreement, or they may be indicative of larger, more systemic problems.

Contract-Related Disputes
Corporate litigation often stems from a disagreement about a contract, including claims that the other party has breached the obligations set forth in the agreement. Another common yet complex contract issue that arises relates to disputes between business partners, these can prove cumbersome to resolve in a non-litigious way.

At the Monteblanco Law Group, our attorneys assist clients with breach of contract matters, whether a formal, written contract governed the relationship and transaction, or if a contract was merely implied by the parties’ intentions and subsequent actions. We also handle partnership disputes whether or not there was an underlying partnership agreement. When necessary, we also help handle partnership dissolutions, advising clients on the necessary process for winding down partnership businesses.

Shareholder-Related Disputes
Not just corporations and partnerships that can bring litigation against each other; shareholders have the right to initiate litigation as well.

If company shareholders believe management should have brought a lawsuit against (or defended against a lawsuit brought by) a third party but failed to do so, Peruvian corporate law allows them to bring a shareholder derivative lawsuit in the name of the corporation.

Shareholder disputes in Peru can also take the form of allegations that management wasted corporate assets, breached fiduciary duties, abused control and more. These types of lawsuits can be brought by shareholders with any size interest in the business.

The attorneys at Monteblanco Law Group can represent shareholders, corporations or third-party defendants in all types of shareholder disputes.

Why Choose Monteblanco Law Group Corporate Law Attorneys?

There are plenty of attorneys offering their services to individuals and businesses involved in commercial disputes or litigation matters in Lima. However, you should not assume that all litigation attorneys are equal.

When evaluating a firm’s or attorney’s ability to effectively represent you in your legal matter, look for one that has a solid understanding of and experience with the Peruvian law, international treaties that Peru is a part of, and a clear understand of how the Uniform Commercial Code, Peruvian/International Corporate law, Partnership and Limited Liability Company laws work and/or liaise with each other. 

At Monteblanco Law Group, we strive to steer commercial disputes towards ADR in an effort to mitigate the adverse effects of litigation. However, when a litigious path becomes the only option, it becomes imperative to choose a professional firm that has the necessary resources to annihilate the opposing side on your behalf. You want a legal professional capable of determining when its ok to negotiate a fair settlement, and when to argue your case convincingly in a court of law.

Lastly, Monteblanco Law Group is a firm that makes legal services convenient, modern and affordable, leveraging today’s technologies to serve the firm’s clients efficiently and effectively.

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]]> https://monteblancolaw.com/2022/12/03/corporate-litigation/feed/ 0 Arbitration/Mediation https://monteblancolaw.com/2022/12/03/arbitration-mediation/ https://monteblancolaw.com/2022/12/03/arbitration-mediation/#respond Sat, 03 Dec 2022 17:43:26 +0000 https://monteblancolaw.com/?p=1114 The Monteblanco Law Group practices International Arbitration and Mediation in Lima, New York, Madrid, and London. In all the jurisdictions where we practice, arbitration represents an alternative to dispute resolution; an encouraged mechanism increasingly used by companies, due in great part to the quality of arbitral awards and a legal system that guarantees enforcement of […]

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The Monteblanco Law Group practices International Arbitration and Mediation in Lima, New York, Madrid, and London. In all the jurisdictions where we practice, arbitration represents an alternative to dispute resolution; an encouraged mechanism increasingly used by companies, due in great part to the quality of arbitral awards and a legal system that guarantees enforcement of arbitral decisions.

In the case of Peru, the Arbitration Act regulating arbitration is applicable to arbitration proceedings carried out within the territory of Peru, regardless of whether it is domestic or international arbitration. However, the Arbitration Act shall be applied on a supplementary basis in the presence of international treaties to which Peru is a party to. Currently, Peru is a party to (i) the Convention on the recognition and enforcement of foreign arbitral awards (the New York Convention) since 24 May 1988 pursuant to Resolution No. 24810, (ii) the Inter-American Convention on International Commercial Arbitration (the Panama Convention) since 7 November 1988 pursuant to Resolution No. 24924 and (iii) the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards (the Montevideo Convention) since 26 March 1980 pursuant to Legislative Decree No. 22953. Should any of these conventions apply to a particular case, then the provisions of the Peruvian Arbitration Act shall apply in default.

Arbitration may be used in the following circumstances:

  • When the parties’ domiciles, are in different states at the time the arbitration agreement is concluded.
  • When the place of arbitration, as determined by the agreement, is outside the state in which the parties’ domiciles are located.
  • In the case of parties domiciled in Peru, when the place of performance of a substantial part of the obligations arising from the legal relationship, or when the place with which the subject-matter of the dispute has a closer relationship is outside Peruvian territory.

 

Principles of Arbitration

Under Peruvian Law, the Arbitration Act adheres to the principle of non-intervention. This principle restricts the intervention of a Court of law in arbitration disputes subject to the rules established by the Arbitration Act and establishes the assistance and collaboration of the Court in the cases expressly contemplated by the Arbitration Act.

There is also the principle of independence. Because of this principle, the arbitral tribunal has full independence whereby its actions are not subject to the approval of any external authority or provision.

The Arbitration Act also boasts the principles of autonomy, separability and kompetenz-kompetenz, under which the arbitral tribunal has full powers to initiate and continue arbitral proceedings within the process, to rule on the validity of an arbitration agreement, to decide on its competence, and to arrive at an arbitral award.

Arbitral awards procured outside Peruvian jurisdiction shall be recognized and enforced in Peru in accordance with the above-mentioned treaties. Recognition will require a judicial proceeding called exequatur. Unless the parties agree otherwise, the Convention most favorable to the party seeking the recognition and enforcement of a foreign award shall apply.

Ad Hoc v. Institutional Arbitration

Arbitration may be ad hoc or institutional, depending on whether it is provided by an arbitral tribunal directly appointed by the parties or performed by an arbitral institution.

In the absence of specific determination, the arbitration will be deemed to be ad hoc. Where an institutional arbitration is involved, the arbitration rules of the institution administering the arbitration will most likely apply.

Arbitration with the Peruvian State

In the event of disputes against the Peruvian State, parties shall follow proper procedure in compliance the State Procurement Act, and its Regulations. In these cases, the Arbitration Act shall apply on a supplementary basis.

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