Marcos Peña is a founding partner of the firm, where he leads the Arbitration and Economic Regulation departments. In his professional practice, Mr. Peña specializes in alternative dispute and litigation resolution, international arbitration, as well as economic regulation, including telecommunications and energy.

Marcos is recognized locally and internationally for his participation in domestic and international arbitrations in matters such as concessions, construction, technology and distribution, and in investment disputes. In addition, his involvement in legislative and regulatory matters has made him part of the main processes related to the adoption of norms corresponding to regulated markets in the Dominican Republic. He has led or participated in complex financing and acquisitions particularly in the energy sector.

Marcos holds a law degree, cum laude, from Pedro Henríquez Ureña National University (UNPHU) and a Master of Laws (LLM) from King’s College (University of London) Chevening Scholar.

Relevant Recent Experience

Advised V Energy, S.A., a subsidiary of Total on the acquisition of a majority stake in Plater Investment, S.A., one of the main distributors of liquified natural gas (LNG) in the Dominican Republic, the operations of which include transport through virtual and traditional pipelines, regasification plants, and service stations, as well as the design, operation and maintenance of all its installations. The deal strengthens Total’s position in the Dominican energy sector, and forms part of its growth strategy throughout the LNG supply chain, as well as signals its entrance into the local gas distribution sector.

Proposed senior secured loan for an amount up to US$10,000,000.00, to an educational foundation in the Dominican Republic, with the purpose of financing CAPEX investments and related working capital needs in connection with its investment plan to guarantee the future needs of educational programs, facilities and laboratories, and the acquisition and application of educational software.

Performed the legal due diligence for a prospective investment in a 34 MW wind farm currently in operation in the municipality of Baní, province of Peravia, Dominican Republic, as well as in two 50 MW wind farms and one 45 MW photovoltaic project, which are in the early stages of development. JP assisted with the review and analysis of all corporate, regulatory, real property, insurance, and tax matters, as well as of each project’s material agreements, holding discussions with the energy authorities related to the potential granting of the expansion of the project capacity, and conducting negotiations related to obtaining a PPA for the additional capacity.

Assisted Alstom Group, Alstom International, Alstom Grid and Alstom Transport in the claim Megabar brought before local courts in the Dominican Republic against Alstom Group, Alstom International, Alstom Grid and Alstom Transport for payment of over €5 million in commissions arising out of a Representation and Consulting Agreement, and indemnity for the alleged damages caused due to the breach of contract by the defendants. The legal basis of the claim is Law 173 for the Protection of Agents Importers of Merchandise and Products dated April 6, 1966. The agreements include an arbitration clause. This case set an important precedent considering that it was established that the protection of public order established by Law 173 did not apply and the arbitration clause prevailed.

Languages

Inglés, Español

Memberships

  • Member of the board of directors of Instituto Dominicano de las Telecomunicaciones, INDOTEL (2016-2020)
  • Member of the board of directors of Instituto de Protección al Consumidor (ProConsumidor)
  • Dominican Member of Corte Internacional de Arbitraje CCI (2012- 2015)
  • Member of the board of directors of Asociación Nacional de Jóvenes Empresarios, Inc., ANJE (2002-2005)
  • Member of the board of directors of Fundación Institucionalidad y Justicia, Inc. FINJUS (2002-2007)
  • Member and vicepresident of the board of directors of Centro de Resolución Alternativa de Controversias de la Cámara de Comercio y Producción de Santo Domingo (2002-present)
  • Vicepresident of Cámara Británica de Comercio BRITCHAM (2002-2006) vicepresidente (2006-2010) Presidente (2010-2012)
  • Member of TRACE International para la República Dominicana
  • Past President of Asociación de Abogados Empresariales, Inc. (ADAE)
  • Independent director of Bolsa de Valores de la República Dominicana (BVRD),
  • Independent director of Primera ARS de Humano