Sáenz & Associates has had the opportunity to participate actively in several international arbitrations promoted according to the rules of the AAA, CCI, CANACO, CIAC, CENAC, CECAP, CIADI, UNCITRAL and ad-hoc arbitrations. In these arbitration proceedings, companies representing Salvadoran, Spanish, Argentine, Chilean, United States, Guatemalan and Nicaraguan capital have been represented.
Sáenz & Asociados has actively participated in several local arbitrations, representing private companies and public institutions, and has intervened in negotiation and mediation processes in which governmental, municipal and autonomous institutions have been involved. The local arbitrations in which Sáenz & Asociados has been involved in the telecommunications sector, the construction industry, public works and infrastructure, corporate conflicts, distribution and representation agencies, energy, electricity, banking, insurance, solid waste treatment and various industries.
Sáenz & Asociados has also had the opportunity to participate in arbitrations as auxiliary agents of the Attorney General of the Republic of El Salvador, in arbitrations that have required defending the interests of the Salvadoran State. The experience of Sáenz & Associates in representing interests of public institutions, includes Secretariats, Ministries, Autonomous Institutions and Decentralized Institutions and it is extended to commercial and investment arbitrations.
In Nicaragua, Guatemala and Costa Rica, Sáenz & Asociados has represented Spanish, Nicaraguan, Salvadoran and Guatemalan investors, both against private entities and against public institutions.
In terms of litigation, the firm has stood out for having integrated and consolidated a strong group of specialists in civil, commercial, labor litigation, administrative litigation and constitutional litigation.
The above has allowed Sáenz & Associates represent national and international companies, as well as state and decentralized institutions, in complex litigation related to the construction sector, banking, insurance, bonds, agencies, franchises, intellectual property, technology, telecommunications, energy, fuels, public works, attraction of investment and contracting in general.
Sáenz & Associates also provides advice on the prevention of litigation, both commercial and labor. Always in matters of litigation, Sáenz & Associates has participated in important cases in contentious administrative and constitutional matters. In this last area, the firm has participated in unconstitutionality and amparo appeals on matters of national importance.
Our firm has advised and represented a large number of companies belonging to the construction sector. In this area, our advice has been related to:
• Negotiation of contracts for large construction projects
• Structuring of syndicated loans with local and international banks
• Structuring of other housing finance methods
• Constitution of condominium regimes and preparation of administrative regulations
• Mediation in conflicts with condominium owners and administrators
• Participation in dispute resolution boards (DBR’s) under FIDIC rules
• Representation in arbitration processes and complex litigation
Sáenz & Asociados has advised different public and private companies since 1990 when the process of privatization and liberalization of this sector began in the region. Lawyers of our firm have worked in regulatory bodies in the field of electricity and in some electric power distribution companies. In this industry, we have had experience in:
• Representation before regulatory and competition authorities
• Negotiation of supply and power generation contracts
• Participation in bidding processes, both public and private
• Commercial Arbitration, both international and domestic
Sáenz & Asociados has participated in the telecommunications sector since its privatization in the region. The firm has been directly involved in the negotiation of the first interconnection contracts and the establishment of the first private companies that provide telecommunications services.
In addition, our firm has participated in the negotiation of “calling party pays” contracts, settlement of international traffic, internet services, data transmission and others. We have advised companies that manage the number portability system and we have represented telecommunications companies before the respective supervisory bodies of that activity.
Sáenz & Asociados has formed an expert team in regulatory and competition matters, which is formed not only by lawyers but also by economists who have been directly involved with regulatory and competition matters. The conformation of this equipment allows the firm to provide services such as:Sáenz & Asociados has formed an expert team in regulatory and competition matters, which is formed not only by lawyers but also by economists who have been directly involved with regulatory and competition matters. The conformation of this equipment allows the firm to provide services such as:
• Legal and economic specialized advice
• Preparation of proposals for contributions to studies and research
• Analysis of requirements and advice in responses to the corresponding authority
• Prospective analysis of results
• Participation and representation in administrative processes before the corresponding authorities.
In the area of competition law SÁENZ & ASOCIADOS offers its clients advice on restrictive agreements and abuses of dominant position, as well as claims for damages derived from anticompetitive actions, sanctioning procedures of a contractual and commercial nature that present restrictive aspects affected by competition law, distribution agreements , agency or collaboration between operators.
Our firm has participated in important processes of merger and acquisition of companies and has provided comprehensive advisory services to local, regional and international companies in different matters of a corporate nature.
Among the firm’s experiences is the participation in complex acquisition processes that have involved the carrying out of sophisticated audits and legal consultancies in El Salvador, Guatemala, Nicaragua and Costa Rica.
The firm has also been a fundamental factor in the restructuring of financial liabilities and advisory services in the consolidation of syndicated loans and other forms of financing, both in the region and in the United States of America. SÁENZ & ASOCIADOS offers advice to individual and corporate clients. In relation to:
• Constitution of mercantile companies
• Planning of corporate structures
• Preparation of shareholder agreements
• Resolution of disputes between shareholders Dissolution of companies and general corporate services
The Intellectual Property Area of SÁENZ & ASOCIADOS offers trademark and patent registration, SÁENZ & ASOCIADOS serves national and foreign clients at a regional level advising them on the protection of the different forms and aspects of intellectual property, this includes the renewal and registration of:
• Domain names
• Copyright and surveillance in all its aspects
• Advice on obtaining patents for inventions
• Advice to the chemical, pharmaceutical industries
SÁENZ & ASOCIADOS provides advice to banks and financial institutions, as well as to companies in relation to:
• Financial agreements
• Syndicated loans
• Guarantee documents
• Preparation and negotiation of financial documents
• Other financial transactions
Our firm has been hired by state institutions, unions and non-governmental organizations to provide consultancy services in different areas.
We have been advisors of associations related to Free Trade Zones, Telecommunications Operators, Porcinocultors and Distributors, having actively participated in the formulation and study of norms and laws related to the aforementioned sectors and with the protection of investments made by them.
We have been directly linked to the development of important reforms in the areas of Free Trade Zones, Consumer Protection Law and Arbitration.
Our firm has made opinions and legal diagnoses to FOVIAL and UNDP on the creation of associative groups and organization of road maintenance microenterprises.
We have also provided advice on development and infrastructure issues, investment promotion and mining activities.
In addition to the traditional notarial services that are offered throughout the region, Sáenz & Associates has appointed Salvadoran notaries in their offices in Guatemala, Costa Rica and Nicaragua.
This means that, with much greater ease and agility, different types of instruments can be formalized. Having this tool allows our clients in Guatemala, Costa Rica and Nicaragua to have no need to carry out consularization or apostille procedures when such instruments are to have an effect in El Salvador.
Sáenz & Asociados It also provides services in the following areas:
• Labor advice
• Aeronautical Law
• Real estate and registry matters
• Advice on public and private tenders
• Migration procedures