Author: Juan Carlos Herrera Quenguan

Legal Survival Guide for Foreigners in Ecuador

An unpaid invoice. A property investment that does not move forward. A business partner who fails to honour an agreement. For foreign companies and investors dealing with Ecuador, these problems raise an immediate question: how can you protect your interests and pursue an effective remedy? Understanding the local legal framework is the starting point. Contractual […]

Practical Guide to Dispute Resolution Clauses in Ecuador

In many negotiations, the parties spend weeks discussing the commercial aspects of the contract and only a few minutes on the dispute resolution clause. That can be one of the most costly mistakes in the entire transaction. Our Practical Guide to Dispute Resolution Clauses in Ecuador explains why these clauses should be treated as a […]

Our partner has been recognised by Legal 500

Our partner, Juan Carlos Herrera Quenguan, has been recognised by Legal 500 Latin America as a recommended lawyer in dispute resolution for Ecuador. According to the directory: “…Juan Carlos Herrera stands out for acting as lead counsel before local courts.” We expect this recognition to be only the beginning, as HvKN and Juan Carlos Herrera […]

Emergency Arbitration Involving State Parties in Ecuador

What happens when, in a matter of days, an arbitrator can order the State to suspend administrative acts or the execution of guarantees? As is known, Article 4 of the Ecuadorian Arbitration and Mediation Law (LAM) authorizes the public sector to submit to arbitration under two critical conditions: the existence of a valid arbitration agreement […]

Mining Fee: A Potential Indirect Expropriation by the State?

The Mining Fee created by ARCOM not only has the unintended effect of deterring and discouraging the exploratory potential of the mining industry in Ecuador, but it also poses a potential threat to the vested rights of mining concessionaires. These vested rights can be found in the applicable Bilateral Investment Treaties (BITs) and in the […]

Ecuadorian boutique dispute resolution firm HvKN has announced its launch

The firm was founded by attorney Juan Herrera, who brings a wealth of experience, having worked at Flor Bustamante Pizarro & Hurtado in treaty and commercial arbitration for almost seven years, and where he participated in a number of arbitration cases. Juan has more than a decade of experience in international arbitration, investment protection, and […]

Ecuadorean lawyer sets up Quito boutique

Juan Carlos Herrerra has left Ecuadorean firm Flor Bustamante Pizarro & Hurtado where he focused on energy and natural resources disputes to set up a boutique in Quito. Herrera launched HvKN Dispute Resolution this month after six years at Flor Bustamante in Quito, where he was senior attorney. He will shortly name two associates who […]