One of our clients in the mining sector, which acquired units from Empresa Minera del Perú S.A. (CENTROMIN) in the 1990s, has received hundreds of claims for damages from former employees who worked for the company and are now suffering from pneumoconiosis or hypoacusis.
For years, there has been a dispute in court over whether liability for these damages should be assumed by the new employer, to the exclusion of CENTROMIN, which would imply assuming the total payment of such concept. However, in a recent Supreme Court ruling obtained by our team (Casación Laboral N° 25104-2017 Lima), the eventual joint and several liabilities for compensation was declared.
Area: Labor - Shared Liability
We represented a major mining company in the defense of a legal dispute in which the nullity of some contracts of usufruct on ownership interests entered into with third parties, as well as a financial compensation in the amount of US$10 million, was requested against our client. In the first instance, we proved that no economic damage was caused, and we expect that the opposing party will confirm the rejection of the decision on appeal.
Area: Litigation - Civil
We represented a prestigious mining company in arbitration proceedings in which the validity of the contract under the national regulations applicable to insurance and insurance companies, as well as the value of the economic benefits contained therein, were in dispute. As a result of our legal strategy in the arbitration proceedings, the arbitration center's competence to settle the dispute is also being discussed.