info@goldenblatt.co.uk
49 Russell Square, London, UK

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Preventive litigation

Our services begin long before a lawsuit or a formal complaint is filed.

TR advises its clients in future litigation either to prevent it or handle it properly.

Hence, we focus on mitigation and prevention, as well as on structuring strategies to avoid future disputes or increase the chances of the claim or the defense.

In every trial or arbitral proceeding and claim we conduct thorough assessments to determine whether it is possible and advisable to settle the dispute before facing or continuing with it.

Aiming to prevent litigation, we also work with our clients in structuring and designing the terms and conditions of contracts to use periodically with your clients or suppliers.

Arbitration

We stand out as a boutique and specialized firm in arbitration.

Our attorneys have and extensive experience representing clients from various industries and in different jurisdictions, arbitrators, secretaries, former Judges and Officer of Public Prosecutor’s Office. This allows us to undertake solutions from different perspectives for our clients.

We have conducted and represented clients in arbitration proceedings under the rules of the most important Arbitration Centers in Colombia, such as the Arbitration Centers of Bogotá´s Chambers of Commerce, Medellín`s Chamber of Commerce, Bucaramanga and Cali.

We advise our clients in:

  • Arbitration agreements;
  • Conducting and representing our clients in the proceeding;
  • Structuring and representing our clients before Colombian Courts in setting aside recourses or other recourses.

International Arbitration

TR and its attorneys have also experience in conducting and representing clients in international arbitrations proceeding based in Colombia and other venues.

Our attorneys, in fact, have had experience in arbitral proceedings under ICC, ICDR and UNCITRAL rules.

We also work with international law firms in arbitration proceedings when there is any connection with Colombian law or Colombian matters.

Given our experience in the field, we represent the interest of our clients as well before Colombian Courts conducting or defending their interests in setting aside recourses and recognition proceedings for enforcing awards in Colombia.

Setting aside recourses

We help our clients representing or conducting their arbitration cases before Colombian Courts as well.

The former includes of course the defense of the case in setting aside proceedings for both domestic and international arbitration.

In doing so we undertake thorough assessments to determine possible ways to challenge the award or opposing to any challenge against it.

Recognition and enforcement of awards

It is usual that an award rendered by an arbitral tribunal that had its seat in a different country should, for practical reasons, be enforced in Colombia.

TR is qualified to advise you in order to effectively and efficiently obtain recognition and enforcement of awards in Colombia.

In such cases it is advisable to act promptly and in TR we are ready and prepared for helping you.

Cassation

We advise our clients in extraordinary appeals before Civil and Administrative Courts, which includes cassation proceedings before Colombian Supreme Court of Justice.

TR has experts in techniques for both special review procedures and cassation, which allows us to advise our clients on their filing and conduction before Colombian Higher Courts.

Finance and Insurance litigation

Some of our attorneys have worked with some of the most prominent financial groups in Colombia and, moreover, advise in the incorporation of financial corporations, groups and banks as well as advise in financial products and proceedings before Colombian Financial Superintendence.

Consequently, TR may undertake and carry out preventive analysis of products and behaviors to mitigate risks in a unique fashion for the sake and benefit of litigation strategies.

Similarly, the Firm is able to represent and advise its clients as well on the special rules that govern consumer protection proceedings in finance and banking.

Our attorneys have also a wide experience in insurance litigation representing either Insurance Companies or clients aiming to file claims.

Administrative law

TR also help its clients representing their interests before Colombian Agencies and State Entities in both providing advice, assessment or preventing litigation or claims.

Amongst the various services that our Firm offers, we work as well on:

  • Proceedings to challenge administrative decisions before Administrative Courts;
  • Sanction proceedings conducted by Colombian State Agencies in state or public contracts.
  • Advising in the conclusion, execution, development and enforcement of public contracts focused on preventing litigation or conducting strategies for the benefit of our clients.
  • Representing our clients defending their interests for alleged breach of Colombian regulation on various industries such as fiscal and disciplinary law.

Construction litigation

We provide advice in construction litigation in both public and private contracts.

Amongst the cases we handle and conduct there are conflicts that stem from civil or private projects as well as public ones such as national highways, telecommunication facilities, ports, etc.

TR has represented different clients from various industries (mining, Oil & Gas, Energy, etc.) in administrative, civil, and commercial proceedings before Colombian Courts as well as before arbitration panels.

We know that is key to understand and master both technical issues and legal aspects of most of the industries and sectors in which our clients interact to better defend their case and interests effectively, acutely and promptly. We are therefore keen in working closely with their teams to better know every angle of your business.

Public contracts

We provide legal counsel in all public or administrative contracts and their stages (i.e. from public tender proceedings to negotiation, execution and enforcement) before any state entity or agency, which includes bringing up claims or defenses before arbitration panels or Colombian Administrative Courts.

We advise on the proceeding to obtain licenses and permits different industries such as telecommunications (ICT), public services and regulatory commissions, Superintendencies, etc.

We defend our clients as well before public agencies or entities in sanctioning matters, especially against superintendencies and regulatory authorities.

We assist our clients to file claims asking for damages caused by Colombian State and the action or omission of their agents.

We provide advice to both private contractors and public entities in the liquidation of public contracts.

Commercial Litigation

We represent our clients in all kind of disputes arise of or stemming from private business such as, but not limited to, distribution agreements, logistics, lease, agency, and, in general, in all type of contract involving the usual development of a running business.

Real Estate Litigation

TR has worked with an important number of its clients in complex real estate litigation, both in arbitration proceedings and proceedings before local Courts. For instance:

  • Litigation connected or linked with claims involving owner claims, possessor claims, marking proceedings, amongst others.
  • Our attorneys are experienced litigators in disputes involving real state trusts, complex works in construction matters, unforeseen events, etc.
  • Conflicts involving contractors and subcontractors.
  • Consumer litigation.
  • Lease contracts.

M&A Litigation

Some of our attorneys were part of the legal teams of some of the most prominent financial groups in Colombia. This allows us to integrate teams in which we balance our role as litigators but with a glance in a role as advisors. In so doing, we provide an acute and thorough approach in M&A Litigation preventing its occurrence or structuring solid defenses.

Our attorneys have undertaken cases and are experienced litigators in matters involving shareholders disputes, challenges of corporate decisions, administrators` liability, actions to lift or disregard the corporate structure, abuse of rights, losses in M&A transactions among others.

Competition and Antritrust litigation

TR advises its clients in investigations or proceedings carried out by Colombian competition authority or Colombian Courts regarding Antitrust and unfair competition.

We also work and help our clients preventing risks associated with antitrust by conducting due diligences, inquiries and thorough assessments, and setting and designing training, follow-up, and compliance programs.

We also advise our clients to bring up claims against other competitors who might be involved or engage in antirust or unfair competition practices.

Our experience has allowed us to undertake solid studies and successful petitions for precautionary measures to protect the interests and business of our clients.

We also advise our clients in the approval proceeding for M&A transactions.

Telecommunication litigation

TR advises and represents its clients on disputes connected with the telecommunication industry, not only from a business perspective (e.g. in contracts of the day-to-day business), but also in regulatory issues.

We therefore represent the interests of our clients before public agencies, civil and administrative courts and arbitration panels in matters related to licensing, permits, operational facilities (e.g. Roaming), distribution, lease, amongst others.

Oil & Gas litigation

TR advises its clients on different types of disputes in the Oil & Gas industry. Our experience ranges from disputes linked with joint ventures and public concessions to conflicts involving transportation and disputes between contractors and subcontractors.

TR also has experience in advising on disputes related to easements, estates and, in general, on matters associated with the management of permits and authorizations at the local and regional level.

We also have experience in assisting and representing our clients in constitutional and class action litigation.

Mining Litigation

Several controversies may arise in the mining industry in which TR team may provide professional guidance and represent the interest of our clients. For instance:

  • Mining licenses
  • Environmental matters
  • Ownership of the land
  • Disputes of an administrative nature before State Agencies.

Our attorneys have gained a valuable and key experience that will help you not only in addressing mining litigation properly, but also in assessing thoroughly complex risks and disputes.

Investment disputes

Our experience allows us to advise our clients or serve as a liaison or support to international firms for disputes involving investor claims or the defense of the State or State agencies.

Litigation on constitutional matters

TR provides legal assistance and advises in constitutional actions before Colombian Courts.

Similarly, our attorneys may represent you in complex constitutional litigation challenging, for instance, government or State decisions that may compromise fundamental rights or violate Colombian Constitution.

Consumer litigation

The enactment of Law 1480 of 2011 was a landmark for Consumer Litigation in Colombia. The rights of consumers and the proper way to protect them are gaining importance in recent years in the jurisdiction.

Our firm has been strengthening and preparing to face such challenge to assist our clients on issues and disputes connected to duties and rights of consumers and producers or suppliers.

TR offers advice and represent its clients in both jurisdictional proceedings and administrative inquiries for infringement of consumer law.

In addition, we provide advisory and conduct compliance programs so that our clients may prevent, protect and even anticipate to consumers’ claims.

Class action litigation

TR advises its clients in the prevention and attention of constitutional, and class actions in different matters such as environmental issues, consumer or competition law, third generation rights, among others.

We represent our clients in such cases in both Civil and Administrative Courts.

We focus, moreover, on minimizing the risks, structure solid defenses and preventing litigation.

Amicable Settlements

Amicable settlement is an alternative dispute resolution method whereby the parties in conflict allows that a third party settle their dispute.

Amicable composer does not necessarily have to be a lawyer, but he must have a broad and specialized knowledge on the subject matter.

Amicable settlement avoids litigation and resolves conflicts emphasizing on technical issues.

TR provides advice and represent its clients in this type of proceedings, looking for the best result and making a previous strategic analysis from a contractual standpoint.

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