Javier De Belaunde advises on civil matters and represents on civil legal processes, commercial, administrative litigation, among others. He has represented constitutional process before the Judicial Branch and the Constitutional Court. He has participated in the constitutional and legislative reforms aiming at promoting the Judiciary Reform. He has been member of the Board of Directors of the Judicial Academy in representation of the bar associations and has been ad–hoc judge at the Inter American Court of Human Rights.
Javier has significant experience in all types of constitutional proceedings filed before the Judiciary and the Constitutional Court. He has defended clients in arbitration proceedings, and has also acted as an arbitrator.
Representative Legal Matters
- Advised Republica de Ecuador. Consorcio Fronterizo began an annulment process against the arbitral award issued by Tribunal composed for Mario Castillo (President), Augusto Eguiguren, and Fernando Cantuarias. (Case N° 023–2016). As arguments of its lawsuit, Consorcio Fronterizo has indicated that the Arbitral Tribunal would not adequately motivated its decision when it analyzed the possibility of executing the studies of the Puyango Tumbes Binational Project in a National Peruvian Park. Contrary to what is established in the Peruvian Arbitration Law, the consortium intends that the Superior Court issues a ruling on the merits of the controversy, by challenging the criteria of the Arbitral Tribunal. This case is important because the Superior Court will issue a decision about the validity of the arbitration award referred to a project, whose was born in the frame of an International Treaty subscribed by Both nations in 1971, and then was Ratified by the Peace Treaty Between the Peru and Ecuador in 1998. In that sense, the project, and therefore the validity of the arbitral award, are very important in the bilateral relationship between both countries. Role: Republic of Ecuador's attorneys.
- Advised one of the most important cement companies of the country in a judicial case against the Peruvian Mining Regulatory Agency (OSINERGMIN) questioning a sanction in relation to the authorized operation capacity. OSINERGMIN sanctioned the Company because the production of the cement plant exceeded the capacity approved by them.
- Advised a national housing fund (the company), CG&M Proyectos y Construcciones SAC filed a request for arbitration against a the company claiming a rise per square meter in the selling price of the social houses, which imply an increment in the price of the houses.
- Advised the Government of Lima in a procedure before the National Election Board, the highest Peruvian electoral authority. The procedure decided which member of the Lima's council should act as Deputy Mayor. Lima is the capital city of Peru and home to around 8 million people. Based on a National Election Board precedent, the electoral judge reported the 2013 recall election results defining Lima's Deputy Mayor. As the decision differs from the rules of the Local Government Law, the Government of Lima appealed the decision. The National Election Board ruled favourably our appeal, reversing the earlier precedent.
- Advised Talingo Corporation in a lawsuit filed against Compañía Minera San Ignacio de Morococha S.A. (SIMSA) requesting the nullity of one of the Shareholders Meeting of said company on which the Board of Directors was elected. Talingo obtained a final favorable ruling, by which the Supreme Court declared the nullity of the Shareholders Meeting and all the acts made by the invalid Board of Directors. This final ruling is very important because is going to serve as precedent for the remaining 11 nullity proceedings initiated against SIMSA that aim to defend our client against the attempt by one of the shareholders to take over control of the said company, which are pending to be solved at the Court.
Professional Associations and Memberships
- Lima Bar Association - Arbitration Center Member
- American Chamber of Commerce - Member
- Organismo Supervisor de las Contrataciones del Estado - OSCE
- Consultant Councils of the Law Reviewa - Ius Et Veritas and Themis; Aequitas; Folio Real; ); Scribas (Arequipa)
- Pontificia Universidad Catolica del Peru - Arbitration Center
- Peru (1973)
- Pontificia Universidad Católica del Perú (Law Degree) (1973)
- University of Wisconsin (1972)
Author, "The reform in the Judicial System. Is it the right path?," Konrad Adenauer Stiftung–Instituto Peruano de Economia Social de Mercado, 2006
Author, "Some proposals for the reform of the Peruvian Judicial System," -Instituto de Estudios Social Cristianos, 2005
Advisory Committee, "Civil Code – Commented", Legal Gazette, 2004
Co–author, "How to promote entrepreneurs' social responsibility in Peru. Legal and institutional framework," Universidad del Pacifico, 2001
Editor, "The Court of Constitutional Guarantees on Debate," Consejo Latinoamericano de Derecho y Desarrollo and Comision Andina de Juristas, 1987