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Fernando Henriquez BN.jpg

Fernando P. Henríquez

He has had an extensive and successful experience, at the highest level, in all types of dispute resolutions and transactional matters.

 

For approximately 30 years he has been uninterruptedly involved in multiple and complex mergers and acquisitions, investment projects, international and local financing, international public tenders, initial public offerings, corporate, energy, telecommunications, tax planning, banking and contracts.

 

Likewise, he has participated in various litigations and arbitration processes in practically all areas: civil, commercial, criminal, land, labor, administrative and constitutional law.

 

He has represented various leading companies in energy, telecommunications, fuel distribution, banking, tourism, and construction for many years.  In his professional practice, his vast experience, the depth of his knowledge, his capacity for analysis and ethical convictions stand out.

 

In many of the projects he has participated in, he has worked in coordination with the leading law firms in the United States of America, Spain, England, Canada, and Latin America.

 

In February 2021, the President of the Dominican Republic appointed Fernando P. Henríquez as co-coordinator of the legal team that represents the Dominican Republic in the recovery of public assets.

Associations

Member of the Bar Association of the Dominican Republic

Member of the Colegio Dominicano de Notarios, Inc. (Dominican Association of Public Notaries, Inc.)

Arbitrator of the Centro de Resolución Alternativa de Controversias de la Cámara de Comercio y Producción de Santo Domingo (Center of Alternative Dispute Resolution of the Chamber of Commerce and Production of Santo Domingo)

Member of the Advisory Board of Investa Capital Partners

Vicepresident of Centro Juan XXIII

Member of the Economic and Social Council of the Dominican Republic (CES)

Experience

Relevant Transactions and Financing:

 

Represented the leading mobile phone company in the American continent in the purchase of the leading telecommunications company in the country, in the first M&A transaction of more than US$2 billion in the Dominican Republic.

 

Represented the company that personifies the joint venture that built and operates the Caucedo-San Pedro de Macoris gas pipeline.

 

Participated in the renegotiation of the power purchase agreement for a plant established in San Pedro de Macoris as part of the process of conversion to LNG.

 

Represented one of the leading fuel distribution companies with North American capital established in the country in the process of selling its shares.

 

Assisted the Dominican State in amending the contract for the design and construction of  Monte Grande’s Dam.

 

Assisted the Dominican State in the bidding process for phase II of the Santo Domingo cable car.

 

Represented a foreign banking entity in the purchase of assets of a financial entity in administrative liquidation.

 

Represented a foreign banking entity in purchasing assets from another foreign financial entity within the framework of a regularization process.

 

Represented the sellers of the shares of a traditional and symbolic Dominican company,  leader in the ice cream market.

 

Represented one of the largest investment banks globally and one of the leading banks in the United States of America in the private issuance of bonds to finance the construction of the only highway built and operated under private concession.

 

Represented the banking entities that financed a tourism project in the Macao area with more than US$120 million.

 

Represented the electric company that acquired one of the largest thermoelectric plants in the country located in San Pedro de Macoris.

 

Represented one of the electricity generating companies in the international private issuance of bonds for debt refinancing.

 

Represented the company that owns the country's leading private port in the financing of several hundred million dollars for its construction and expansion.

 

Represented the electricity company that operates the most significant isolated system in the country in obtaining tens of millions of dollars in financing for the expansion of its operations.

 

Represented several European and American companies in public international tenders within the framework of the reform process of public companies CDE-CEA-Molinos Dominicanos.

 

Represented a private investor in the purchase of tens of millions of dollars in assets of a Dominican bank, within the framework of a process of regularization of the same.

 

Represented the developer of one of the main shopping centers in the country with an investment of approximately US$ 100 million.

 

Advice and assistance in various processes of application for licenses of logistics centers and logistics operators.

 

Assisted the commercial and corporate departments of the main foreign banking entity based in the Dominican Republic in the financing granted to local clients.

 

Advice to the consulting company contracted by the General Directorate of Public-Private Partnerships (PPP) for the development of the first public-private partnership initiative in the country.

 

Representation of one of the leading stock exchanges in the local market in the process of placing corporate bonds with a total value of more than US$200 million.

Relevant Litigation:

Represented a multinational company accused of being civilly liable for alleged falsification of a private deed.

 

Have represented several government supply companies in disputes against public bidding processes.

 

Represented a person accused of embezzlement and association of malefactors at the Cibao’s Airport by the Prosecutor's Office of Santiago in a high-profile case against several Customs employees.

 

Represented shareholders and related companies in a corporate and criminal conflict of an important and traditional liquor company in Santiago.

 

Represented a successor in a conflict involving the most prominent liquor family in the country based in Puerto Plata.

 

Represented a Trust company in inheritance and criminal disputes.

 

Represented a foreign bank based in the Dominican Republic in civil and administrative contentious proceedings for the annulment of contracts to acquire assets of a bank in liquidation.

 

Represented the electricity company that operates the most extensive isolated system in contentious administrative disputes seeking the annulment of its concession contract.

 

Represented the leading telecommunications provider in the country in interconnection conflicts with other providers.

 

Represented a distributor of petroleum products in disputes against the Ministry of Industry and Commerce, fuel transportation companies, and drivers' unions for the termination of transportation contracts.

 

Represented for almost twenty (20) years one of the leading distributors of petroleum products in its commercial relationships and conflicts with its retailers and contractors.

 

Represented an electricity company in disputes against a city council to collect fees for the use of airspace.

 

Represented an emblematic Spanish liquor company in an arbitration dispute against a Dominican liquor company for contractual breaches.

 

Represented one of the largest telecommunications companies in the country in their disputes against the leading company for the nullity of the telephone concession.

 

Represented a construction company in a conflict against the Dominican State represented by the then Secretary of State for Public Works and Communications (SEOPC) in international arbitration under the Fédération Internationale des Ingénieurs-Conseils (FIDIC) for breach of a contract of construction of public works.

 

Represented the company that owns the main private port in the country in different conflicts with hoteliers and other port concessionaires who opposed its construction.

 

Represented the Dominican State in criminal proceedings against a former director and several officials of Customs and against some importers.

 

Represented a power company in a multimillion-dollar and controversial labor claim by a foreign official of a power plant construction company.

 

Represented an electricity generating company in conflicts with electricity distribution companies for non-compliance with payment obligations.

 

Participating in several contentious administrative processes that dispute the validity of the payment of the firm capacity to the electricity generating companies converted to natural gas.

 

Has participated as an arbitrator and as a lawyer for parties in dozens of arbitration proceedings before the Center for Alternative Dispute Resolution of the Chamber of Commerce and Production of the National District and Santiago.

Educational Experience:

Lecturer of Taxes, Pontificia Universidad Católica

Madre y Maestra (PUCMM), 1995-1997

 

Speaker in the Diploma on "Introduction to Monetary Regulation and

Financial"

Organized by the Association of Multiple Banks of the Dominican Republic (ABA) and the National School of the Judiciary (ENJ), 2018.

 

Speaker in the training event "Legal Regime of Evidence in Banking Matters"

Organized by the Association of Multiple Banks of the Dominican Republic (ABA) and the National School of the Judiciary (ENJ), 2017.

 

Speaker in the Diploma Course in "Energy Law" Organized by the National Association of Young Lawyers Dominican Republic, since 2021

Birthplace:

Moca, República Dominicana

Languages:

Spanish and English

 

Education:

 

Pontificia Universidad Católica Madre y Maestra

Santo Domingo, Dominican Republic

Masters in Business Law and Economic Legislation, 1994

 

Pontificia Universidad Católica Madre y Maestra

Santo Domingo, Dominican Republic

Law Degree, Cum Laude, 1992

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