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Portrait ofDaniel Rodríguez, LL.M.

Daniel Rodríguez, LL.M.

Partner

CMS Rodríguez-Azuero
Carrera 11 #77a-99
Edificio Revista Semana
Bogotá
Colombia
Languages Spanish, English

Daniel is a Partner of the Firm and co-leads the areas of Banking & Finance, Insolvency, Restructuring & Liquidation, Compliance and Corporate Criminal Law and Energy & Climate Change. He also leads the Public Procurement practice. Daniel is admitted to practice in Colombia and in the states of New York and California in the United States.

With more than 20 years of experience, Daniel has represented sponsors, banks, and other lenders, as well as infrastructure and construction companies, EPC contractors, investors, guarantee issuers and borrowers in complex infrastructure transactions and project finance matters. He has extensive experience with the social, environmental and land acquisition complexities related to project finance deals and infrastructure projects.

In addition, he has also been involved in some of the most sensitive local and cross-border white-collar controversies and investigations. Daniel has also advised national and international clients, debtors and creditors in complex local and cross-border insolvency processes.

Daniel has advised both the Colombian government and private companies on regulatory issues and on the structuring, design and implementation of energy-related projects, particularly oil and gas, mining, electricity and renewable energy projects.

Professional Experience

  • 2013-present – Partner, CMS Rodríguez-Azuero, Bogotá, Colombia
  • 2010-2013 – Senior Associate, Brigard & Urrutia Abogados, Bogotá, Colombia
  • 2008-2010 – Lawyer, Zuber & Taillieu LLP (Zuber Lawler & Del Duca LLP), Los Angeles, CA, USA
  • 2004-2008 – Associate, Rodríguez-Azuero Abogados, Bogotá, Colombia
  • 2001-2004 – In-house Counsel, Banco de Bogotá (Grupo Aval), Bogotá, Colombia
  • 1998-1999 – Curaduría Urbana Número Uno de Bogotá, Intern, Bogotá, Colombia
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Dinero Magazine, one of the most recognized business publications in Colombia, conducted a survey with the representatives of the legal vice-presidents of 18 of the largest companies in the country. In this survey, Daniel Rodríguez was highlighted as one of the most recognized lawyers in Colombia in the Compliance area.

Dinero Magazine

Relevant experience

  • Inter-American Development Bank (IDB): The Firm advised the client in the structuring of a special purpose vehicle for the operation of an innovative Efficient Energy Fund in Colombia, with a view to financing clean energy infrastructure projects developed by small and medium enterprises in Colombia.
  • Banco de Chile: The Firm has advised the client on multiple cross-border regulatory and transactional matters, including a matter related to the acquisition of an important thermoelectric facility, the financing of one of the most important groups of transportation infrastructure of the country and of the top food processing conglomerate in Colombia.
  • Banchile: The Firm has advised the client, the investment group of Banco de Chile conglomerate, in connection with important infrastructure projects in Colombia.
  • MAF Colombia S.A.S.: The Firm advised the client in the design and launch of its new financial business vehicle which consists on the granting of loans for the purchase of vehicles in Colombia.
  • Conecta Caribe S.A.S.: The Firm advised the client in connection with the contracts for the feasibility stage of the PPP project whose objective is to build a new airport in Cartagena de Indias, Colombia. The Firm also advised the client in the design of the commercial trust structure that supports the land acquisition, as well as the PPP and other projects to be developed around the airport.
  • Arbitration: Daniel served as the Chair of the arbitration panel summoned to decide disputes between Fiduciaria Bogotá S.A. (Grupo Aval) and Valorcon (leading Infrastructure Company) regarding an agreement for the construction of a water supply system (public utility) of the States of San Andrés and Santa Catalina, Colombia.

Events

  • December 15th, 2023: Speaker at "Retrospective of the 2023 DOJ directives and Guidance and their impacts on Latin America.”
  • December 15th, 2023: Speaker at "Combating fraud in bankruptcy procedures – legal tools and legal strategies in Colombia and Brazil", Pontificia Universidad Javeriana, Universidad del Salvador and Accademia Juris Roma
  • December 11th, 2023: Speaker at "UNODC 2023 International Anti-Corruption Day" United Nations Office on Drugs and Crime - UNODC https://www.youtube.com/watch?v=p0z1uByh2Yc
  • December 9th, 2023: Panelist at the 20th version of the "UN Convention against Corruption: uniting the world against corruption". Panel "Good Practices and Initiatives to Prevent and Investigate Acts of Corruption in the Private Sector".
  • October 30th, 2023: Speaker at "The role of small and medium-sized companies in the prevention of money laundering and the financing of terrorism" - XI Commemoration of the National Day for the Prevention of Money Laundering
  • October 19th, 2023: Speaker at "Arias Law's Compliance Week: Criminal liability of legal entities" https://www.youtube.com/watch?v=_wC1xotjsZg
  • September 28th, 2023: Speaker at "Leaders League Compliance Summit 2023”
  • September 12th, 2023: 42nd Latin American Congress of Financial Law, COLADE 2023, Speaker on "Responsibility of green bond issuers and the latest legal milestones in the United States" – La Antigua Guatemala
  • August 8th, 2023: Interview “Green Bonds” – Líder Legal
  • July 27th, 2023: Speaker at "II National Compliance Congress World Compliance Association Colombia"
  • June 21st, 2023: Speaker at "10th International Compliance Congress Sao Paulo, Brazil” https://congressodecompliance.com.br/schedule-en/https://congressodecompliance.com.br/schedule-en/
  • June 1st, 2023: Speaker at "Latin Lawyer & GIR Live: Anti-Corruption & Investigations Mexico"
  • April 19th, 2023: Speaker at I International Compliance Officer Congress organized by the WORLD COMPLIANCE ASSOCIATION in the city of Barcelona.
  • April 12th, 2023: Speaker at V Compliance Congress held by the Medellin Chamber of Commerce for Antioquia.
  • March 14th, 2023: Speaker at "Doing business in Venezuela: from a US, UK and European Union Sanctions perspective" - CMS and Miller & Chevalier
  • March 1st, 2023: Speaker at International Chamber of Commerce (ICC) annual meeting
  • February 7th, 2023: Speaker at Latest regulation on Ultimate Beneficial Owner-UBO: FINCEN Final Regulation in the United States and Colombian Tax authority's New Registry of Final Beneficiaries – ICC - DIAN
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Memberships & Roles

  • Member of New York Bar Association;
  • Member of California Bar Association;
  • Member of American Bar Association;
  • Member of Colombian Bar Association;
  • Vice-Chair of the ICC Global Commission on Anti-corruption and Corporate Responsibility in Paris;
  • Is the President of the ICC Commission on Anti-corruption and Corporate Responsibility in Colombia;
  • Member of the Colombian Chapter Commission on Commercial Practices of the International Chamber of Commerce -ICC-.
  • Member of the Colombian Chapter Commission on Banking Practices of the International Chamber of Commerce -ICC-.
  • Member of the “A” list of arbitrators of the Chamber of Commerce of Bogotá.
  • Was a member of the Panel of Experts summoned by the Presidency of the Republic of Colombian to report to the Organization of American States -OAS- commission on the Implementation of the Inter-American Convention against Corruption (MESICIC);
  • Was a member of the Panel on “perspective of Colombian lawyers and academics” summoned by the Colombian National Government to respond to the OECD evaluation committee to verify compliance with the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;
  • Former President of the Security and Risk Management Committee of the Colombian American Chamber of Commerce -AMCHAM-;
  • Is a member of Colombian Chapter of the World Compliance Association (WCA).”
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Awards & Rankings

  • Daniel Rodríguez, recognized as Compliance lawyer of the year, The Legal 500 Awards Colombia 2024
  • Daniel Rodríguez, Chambers and Partners Global 2023, Banking & Finance.
  • Daniel Rodríguez, Chambers and Partners Latin America 2024, Banking & Finance.
  • Recognition in Legal 500 Latin America 2024 in the areas of Banking & Finance, Litigation, Public Law, Energy & Natural Resources and Compliance & White Collar (Tier 2).
  • Daniel Rodríguez, Recognition in Legal 500 Latin America 2024 as Leading Individual in the areas of Banking & Finance, Compliance and White Collar (Tier 2).
  • Daniel Rodríguez, Recognition in Legal 500 Latin America 2023, as Recommended Lawyer in the areas of Banking & Finance, Litigation, Energy & Natural Resources (Tier 2) and Public Law.
  • Area recognition: Latin Lawyer 250 2024, Banking & Finance, Highly Recommended.
  • Leaders League 2024, recognition in the areas of Banking & Finance and Restructuring & insolvency (Excellent).
  • Recognition in Legal 500 Latin America 2023 in the areas of Banking & Finance, Projects & Energy (Latin America International Firms).
  • Best Lawyers 2023, Banking & Finance, Corporate Governance and Compliance Practice, Capital Markets Law, Construction Law.
  • Leaders League 2024, recognition in the area of Dispute Resolution– White Collar Crimes (Highly recommended).
  • Leaders League 2024, recognition in the area of Compliance (Leading).
  • IFLR 1000 2023, recognition in the areas of Banking & Finance and Project development.
  • Best Lawyers 2021, Corporate Governance and Compliance Practice (Lawyer of the year).
  • Dinero Magazine, one of the most recognized business publications in Colombia, conducted a survey with the representatives of the legal vice-presidents of 18 of the largest companies in the country. In this survey, Daniel Rodríguez was highlighted as one of the most recognized lawyers in Colombia in the Compliance area. “Así son las firmas de abogados más grandes de Colombia,” Abogados Inc., Dinero Magazine, No. 524, August 18, 2017.
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Publications

  • Author "Chambers of Commerce and Foreign Non-Profit Entities with Permanent Business in Colombia should implement SAGRILAFT and PTEE" October 11th, 2023;
  • Author "Use of proceeds financing v Sustainability-linked Financing: key differences" https://cms.law/en/col/publication/use-of-proceeds-and-sustainability-linked-financing-key-differences August 22nd, 2023;
  • Coauthor, “Changes Regarding Compliance Matters Introduced By The Transparency Law (Law 2195 Of 2022)”, CMS, March 8, 2022;
  • Coauthor, “The double taxation agreement between france and Colombia (“dta”): effects over french lenders and colombian borrowers”, CMS, February 4, 2022;
  • Coauthor, “The Superintendence of Companies has issued new instructions for the implementation of Integrity and Transparency Programs to manage corruption and transnational bribery risks”, CMS, August 20, 2021;
  • Coauthor, “Energy transition law - main aspects and regulatory developments”, CMS, August 4, 2021;
  • Coauthor “Regulation for the Treatment of the payment right by functional units on waterway project”, CMS, July 30, 2021;
  • Coauthor, "Electronic factoring in Colombia is near to become a reality”, CMS, July the 8, 2021;
  • Coauthor, "The term to adopt an AML compliance program is extended, CMS, April 10, 2021;
  • Coauthor, “The Superintendence of Companies reiterated its position: mortgages are not subjet to registration in the Registry of Securities”, CMS, March 29, 2021;
  • Coauthor, “The fund of alternative sources of payment for infrastructure projects was finally regulated”, CMS March 18, 2021;
  • Author, “Thoughts on debarment to enter into contracts with the Colombian State under Law 80 of 1993”, Asuntos Legales, March 2, 2021;
  • Author, “Comprehensive amendment to the Superintendence of Companies Resolution on AML/CFTFPWM – New SAGRILAFT measures”, CMS Rodríguez-Azuero, February 12, 2021;
  • Author, “New measures adopted to strengthen the legal mechanisms to fight against Transnational Bribery and Corruption in Colombia”, CMS, October 27 2020;
  • Author, “Recommendations and guidelines for the issuance of green bonds in Colombia”, CMS, October 23, 2020;
  • Author, "5G infraestructure, the projects will be developed gradually”, El Nuevo Siglo, October 6, 2020;
  • Author, “New LAFT regulation for FINTECH” Asuntos Legales, September 23, 2020;
  • Author, “Relevant aspects to be considered in financing transactions and structuring of security package in connection to the insolvency regime”, CMS Rodríguez-Azuero, August 27, 2020;
  • Author, “Implementation of Blockchain in Public Procurement to Reduce Corruption Risk”, CMS Rodríguez-Azuero, July 27, 2020;
  • Author, “Colombia en riesgo de enfrentar un fenómeno masivo de insolvencia”, Asuntos Legales, june 8, 2020;
  • Coauthor, “Acquisition and sale/transfer of the nation’s shareholding in the COVID-19 crisis”, CMS Rodríguez-Azuero, July 1, 2020;
  • Author, “La inversión en el programa de infraestructura 5G será equivalente al 1,67% del PIB”, La República, June 26, 2020;
  • Author, “Concesionario Chino avanza en garantizar la financiación del metro de Bogotá”, La República, June 25, 2020;
  • Author, “CMS Expert Guide Insolvencias en Latinoamérica- Reestructuraciones, liquidaciones y concursos transfronterizos”, CMS Expert Guides, June 2020;
  • Author, “CMS Expert Guide to consequential loss in the energy sector”, CMS Expert Guide, June, 2020;
  • Author, “Transitory Measures Adopted by the National Hydrocarbon Agency During COVID-19”, CMS Rodríguez-Azuero, May 15, 2020;
  • Author, “National Government measures to face the financial sector crisis in the context of the Economic, Social and Ecological Emergency”, CMS Rodríguez-Azuero, April 20, 2020;
  • Author, “Benefits and reliefs offered by credit institutions in the context of the economic, social and ecological emergency”, April 8, 2020;
  • Author, “Malla Vial del Valle del Cauca- Draft TOR of the first project of the Fifth Generation (5G) Road Concessions Program in Colombia”, CMS Rodríguez-Azuero, April 9, 2020;
  • Author, “Public procurement emergency measures adopted by the Colombian National Government to address COVID-19”, CMS Rodríguez-Azuero, March 25, 2020
  • Author, “New State contracting and criminal law measures adopted to sanction the commission of corruption acts”, CMS Rodríguez-Azuero, March 25, 2020
  • Author, “Revista de la Comisión de Arbitraje para celebrar los 100 años de la Cámara de Comercio Internacional” - “Algunas notas en materia de arbitraje internacional”, Panama International Chamber of Commerce. Revista de la Comisión de Arbitraje Conmemorativa a los 100 años de Fundación de la ICC, September 1, 2019;
  • Author, “ISA enters the highway concessions business in the country with a 4G highway”, La República, October 25, 2019;
  • Author, “Business Crime Laws and Regulations: Colombia 2020”, ICLG, October 10, 2019;
  • Author, “Sovereign guarantees issued to secure the financing of public transportation systems and its impact on their financing”, CMS Rodríguez-Azuero, July 30, 2019;
  • Author, “Protection of third parties who act in good faith in connection with Public-private partnership (PPP) infrastructure projects”, La República, July 12, 2019;
  • Author, “The Department of Justice updated guidance for evaluating Corporate Compliance Programs” CMS Rodríguez-Azuero, May 29, 2019;
  • Author, “National development plan 2018-2022- reforms to strengthen the Public Procurement Regime”, CMS Rodríguez-Azuero, April 8, 2019;
  • Author, “Some effects of Colombia’s Tax Reform for foreign lenders and the Colombian borrowers”, CMS Rodríguez-Azuero, March 6, 2019;
  • Author, “New exchange regime: new opportunities”, La República, July 27, 2018;
  • Author, “Representation: general corporate and specific rules of securities”, La República, November 29, 2017;
  • Author, “The correct interpretation of the suspension of the arbitration process", La República, October 12, 2017;
  • Author, “Security trusts are not securities over mobile assets II”, La República, September 9, 2017;
  • Author, “Security and risk management, keys to business success”, AMCHAM Business Mail, September 2017;
  • Author, “The interesting discussion of security trusts and securities over mobile assets”, La República, October 10, 2017
  • Author, “The court mistakenly disregarded a key special rule on securities”, La República, July 18, 2017;
  • Author, “Regulatory challenges regarding digitization of credit”, La República, November 25, 2016;
  • Author, “Is your company supervised by the Superintendency of Companies?”, CMS Rodríguez-Azuero Communications, November 11, 2016;
  • Author, “Changes to resolution 143 of 2002 issued by the office of the General Inspector of Colombia, which regulates the Information System of Ineligibility (Sistema de Información y Registro de Inhabilidades, or SIRI)”, CMS Rodríguez-Azuero Communications, October 24, 2016;
  • Author, “How many more Cemex are needed?”, La República, October 12, 2016;
  • Author, “Foreign investment, trust vehicles and lending: urgent amendment”, Ámbito Jurídico, August 17, 2016;
  • Author, “Anti-corruption in the health, real and financial sectors”, La República, August 10, 2016;
  • Author, “New challenges in integrated compliance systems”, AMCHAM, Business Mail, July 2016;
  • Author, “Design, implementation and enforcement of a compliance program”, Edition 121 Business Mail Colombo American Chamber of Commerce AMCHAM, September 2015;
  • Author, “Trust under new Secured Transactions Law”, Ámbito Jurídico, Legis Year XVII, No. 404, Colombia, October 27, 2014;
  • Author, “New Secured Transactions Law has a very significant impact regarding Money Laundering Compliance”, Ámbito Jurídico, Legis Year XVII, No. 391, Colombia, April 7, 2014;
  • Author, “Interview regarding infrastructure in Colombia”, Infrastructure Journal, August 29 of 2013;
  • Author, “Latest news on anti-corruption”, Lexology in cooperation with the Association of Corporate Counsel, December 20, 2012;
  • Author of nine papers on “New payroll-based lending regulation: Reasons and Purpose. I, II, III IV, V, VI, VII, VIII and IX”, La República Newspaper, December 3-8 (I-VI), 13-15 (VII-IX), 2012;
  • Coauthor, “Financial services in the Colombia-US context”, IFLR 1000, January 30, 2012;
  • Author, “New payroll-based lending regulation: Reasons and Purpose – Advances and challenges of the new regulation”, Brigard & Urrutia Abogados News Flash No. 165, 2012;
  • Author, “Limitation of liability clauses in negotiable instruments a highly risky fallacy”, Ámbito Jurídico, Legis Year XII, No. 280, Colombia, May 2, 2011;
  • Author, “Interview: Colombia has sound legislation on acquisitions”, Ámbito Jurídico, Legis Year XIII, No. 280, Colombia, August 24, 2009;
  • Author, “In the law: Criminal exposure for civil wrongs in foreign countries”, In- Park Magazine, June 9, 2009;
  • Author, “New and Emerging Framework to Access Personal Data”, American Bar Association, Legal Developments in Latin America Newsletter, April 2009;
  • Research associate to author, “Sandby Letters of Credit”, Ed. Editorial Jurídica de Chile / Editorial Universidad Colegio Mayor de Nuestra Señora del Rosario, Chile: Editorial Jurídica de Chile, 2009;
  • Author, “Low amount saving accounts: a new opportunity for ‘bancarisation’”, Ámbito Jurídico, Legis Year XI, No. 256, Colombia, August 25, 2008;
  • Peer review expert for author Francisco Reyes Villamizar, “Algunas vicisitudes del régimen societario colombiano derivadas de la interpretación constitucional”, Pontificia Universidad Javeriana Cali, June 4, 2008;
  • Author, “The new commercial invoice: a detrimental legal reform for Negotiable Instruments regime”, Ámbito Jurídico, Legis Year XI, No. 248, Colombia, May 5, 2008;
  • Research associate, “Standby Letters of Credit”, Contracts in Private Law, Ed. Legis, Universidad del Rosario, Colombia, 2007.
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Education

  • 2007 – LL.M., Master in Corporate and Business Law (Dean's Merit Grant), University of California Los Angeles (UCLA), Los Angeles, CA, USA
  • 2003 – Specialist on Commercial Law, Universidad de los Andes, Bogotá, Colombia
  • 2001 – Lawyer, Universidad Colegio Mayor de Nuestra Señora del Rosario, Bogotá, Colombia
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Daniel is a Partner of the Firm and co-leads the areas of Compliance and Corporate Criminal Law.

Daniel is admitted to practice in Colombia and in the states of New York and California in the United States.

He focuses on issues of risk management, prevention of money laundering, terrorism financing, financing of proliferation of weapons of mass destruction, smuggling of goods, and corruption in all its forms including international, domestic, cross-borders, public and private.

With more than 20 years of experience, he has been involved in some of the most delicate local and cross-border white collar controversies and investigations in the country. He is the Vice-Chair of the ICC Global Commission on Anti-corruption and Corporate Responsibility in Paris; President of the Colombian Commission on Corporate Responsibility and Anti-corruption of the International Chamber of Commerce -ICC-; he was a member of the Panel of Experts summoned by the Presidency of the Republic of Colombian to report to the Organization of American States -OAS- commission on the Implementation of the Inter-American Convention against Corruption (MESICIC); Member of the “Panel de perspectiva de abogados y académicos colombianos” summoned by the Colombian National Government to respond to the OECD evaluation committee to verify compliance with the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and President of the Security and Risk Management Committee of the Colombian American Chamber of Commerce -AMCHAM-.

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Memberships & Roles

  • Member of New York Bar Association;
  • Member of California Bar Association;
  • Member of American Bar Association;
  • Member of Colombian Bar Association;
  • Vice-Chair of the ICC Global Commission on Anti-corruption and Corporate Responsibility in Paris;
  • President of the ICC Commission on Anti-corruption and Corporate Responsibility in Colombia;
  • Member of the “A” list of arbitrators of the Chamber of Commerce of Bogotá.
  • Was a member of the Panel of Experts summoned by the Presidency of the Republic of Colombian to report to the Organization of American States -OAS- commission on the Implementation of the Inter-American Convention against Corruption (MESICIC);
  • Was a member of the Panel on “perspective of Colombian lawyers and academics” summoned by the Colombian National Government to respond to the OECD evaluation committee to verify compliance with the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;
  • Former President of the Security and Risk Management Committee of the Colombian American Chamber of Commerce -AMCHAM-;
  • Is a member of Colombian Chapter of the World Compliance Association (WCA).
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Awards & Rankings

  • Daniel Rodríguez, Chambers and Partners Global 2023, Banking & Finance.
  • Daniel Rodríguez, Chambers and Partners Latin America 2024, Banking & Finance.
  • Recognition in Legal 500 Latin America 2023 in the areas of Banking & Finance, Litigation, Projects, Public Law, Energy & Natural Resources and Compliance & White Collar.
  • Recognition in Legal 500 Latin America 2023 in the areas of Banking & Finance, Projects & Energy (Latin America International Firms).
  • Daniel Rodríguez, Recognition in Legal 500 Latin America 2023 as Leading Individual in the areas of Banking & Finance, Compliance and White Collar (Tier 2).
  • Daniel Rodríguez, Recognition in Legal 500 Latin America 2023, as Recommended Lawyer in the areas of Banking & Finance, Litigation (Tier 2), Energy & Natural Resources (Tier 2) and Public Law.
  • Area recognition: Latin Lawyer 250 2024, Banking & Finance, Highly Recommended.
  • Best Lawyers 2023, Banking & Finance, Corporate Governance and Compliance Practice, Capital Markets Law, Construction Law.
  • Leaders League 2023, recognition in the areas of Banking & Finance and Restructuring & insolvency (Excellent).
  • Leaders League 2023, recognition in the area of Dispute Resolution– White Collar Crimes (Highly recommended).
  • Leaders League 2023, recognition in the area of Compliance (Leading).
  • IFLR 1000 2022, recognition in the areas of Banking & Finance and Project development.
  • Best Lawyers 2021, Corporate Governance and Compliance Practice (Lawyer of the year).
  • Dinero Magazine, one of the most recognized business publications in Colombia, conducted a survey with the representatives of the legal vice-presidents of 18 of the largest companies in the country. In this survey, Daniel Rodríguez was highlighted as one of the most recognized lawyers in Colombia in the Compliance area. “Así son las firmas de abogados más grandes de Colombia,” Abogados Inc., Dinero Magazine, No. 524, August 18, 2017.
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Education

  • 2007 – LL.M., Master in Corporate and Business Law (Dean's Merit Grant), University of California Los Angeles (UCLA), Los Angeles, CA, USA
  • 2003 – Specialist on Commercial Law, Universidad de los Andes, Bogotá, Colombia
  • 2001 – Lawyer, Universidad Colegio Mayor de Nuestra Señora del Rosario, Bogotá, Colombia
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