Fernando P. Henríquez - Partner

Partner

FERNANDO P. HENRÍQUEZ

F.HENRIQUEZ@SEIBELHENRIQUEZ.COM

LANGUAGES

Spanish

English

EDUCATION

Pontificia Universidad Católica Madre y Maestra
Santo Domingo, Dominican Republic

Master's in Business Law and Economic Legislation, 1994

Pontificia Universidad Católica Madre y Maestra
Santo Domingo, Dominican Republic

Law Degree, Cum Laude, 1992

Fernando P. Henríquez has over thirty years of experience in the practice of law, with a distinguished career in dispute resolution and in the structuring and execution of highly complex transactional matters.

Throughout his career, Fernando has continuously participated in complex mergers and acquisitions, investment projects, international and local financings, international public tenders for construction projects, securities offerings, and corporate matters, as well as in areas related to energy, telecommunications, tax planning, banking, and general contracting.

His experience also includes extensive participation in litigation and arbitration proceedings across various areas of law, including civil, commercial, criminal, real estate, labor, administrative, and constitutional law.

For decades, Fernando has represented some of the leading companies in the electricity, telecommunications, fuel distribution, banking, tourism, and construction sectors, advising leading organizations in complex regulatory and commercial contexts.

His professional practice is distinguished by the depth of his experience, a solid analytical capacity, and a firm ethical commitment.

In numerous matters, Fernando has worked in coordination with leading law firms in the United States of America, Spain, England, Canada, and Latin America, particularly in cross-border transactions and disputes.

In February 2021, the President of the Dominican Republic appointed Fernando P. Henríquez as co-coordinator of the legal team responsible for representing the Dominican State in public asset recovery proceedings.

Associations

  • Member, Bar Association of the Dominican Republic
  • Member, Dominican College of Notaries, Inc.
  • Arbitrator, Alternative Dispute Resolution Center of the Chamber of Commerce and Production of Santo Domingo
  • Member, Economic and Social Council (CES), representing the social sector
  • Member, Advisory Council of Investa Capital Partners
  • Vice President, Executive Council of Centro Juan XXIII

Experience

Major Transactions and Financings

Represented the leading mobile telephone company in the Americas in the purchase of the country’s leading telecommunications company, in the only transaction exceeding US$2,000 million involving assets and/or companies of the Dominican Republic.

Represented the company that built and operates the Caucedo-San Pedro de Macorís gas pipeline.

Represented one of the country’s leading private electricity generating companies in the process of amending the existing power purchase agreement with the CDEEE to facilitate conversion to natural gas generation.

Represented one of the leading American-owned fuel distribution companies established in the country in the process of selling its shares.

Represented the buyers of the majority interest in one of the country’s leading private electricity generating companies.

Represented the company owning a gas pipeline located in the eastern part of the country in the company formation process, negotiation of construction agreements, and financing.

Assisted the Dominican State in the amendment to the design and construction contract for the Monte Grande dam.

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

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

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

Represented the sellers of the shares of a traditional and iconic Dominican company that is a leader in the ice cream market.

Represented one of the world’s largest investment banks and one of the leading banks in the United States of America in the private bond issuance to finance the construction of the country’s first highway built and operated under a private concession.

Represented the banking entities that financed over US$120 million for the construction of a tourism project in the Macao area.

Represented the electricity company that acquired one of the country’s largest thermoelectric power plants located in San Pedro de Macorís.

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

Represented the company owning the country’s main private port in the financing of several hundred million dollars for its construction and expansion.

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

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

Represented a private investor in the purchase of tens of millions of dollars in assets from a Dominican banking entity, within the framework of a regularization process.

Represented an international financial entity in establishing a financing program of up to US$500 million for purchasers of villas, lots, and apartments in a major tourism project located in Punta Cana.

Represented the developer of one of the country’s leading shopping centers with an approximate investment of US$100 million.

Advisory and assistance in various processes for applications for logistics center and logistics operator licenses.

Provided ongoing assistance to the commercial and corporate departments of the leading foreign banking entity based in the Dominican Republic in financings granted to local clients.

Advised the consulting firm hired by the General Directorate of Public-Private Partnerships (APP) for the development of the country’s first public-private partnership initiative.

Representation of one of the leading brokerage firms in the local market in a corporate bond placement process with a total value exceeding US$200 million.

Significant Litigation

Successfully represented a multinational company accused of being civilly liable in a case of forgery in a private document.

Has represented several State supplier companies in challenges to public tender processes.

Successfully represented one of those implicated in the embezzlement and criminal association case brought by the Santiago District Attorney’s Office against several employees of the General Directorate of Customs who worked at the Cibao Airport.

Represented shareholders and related companies in a corporate and criminal dispute of a prominent and traditional liquor company from Santiago.

Represented an heir in a dispute involving the country’s most prominent liquor family based in Puerto Plata.

Represented a Trust company in an inheritance and criminal dispute.

Represented a foreign banking entity based in the Dominican Republic in civil and administrative litigation proceedings for the annulment of asset acquisition contracts from a banking entity under liquidation.

Represented the electricity company that operates the country’s main isolated system in administrative litigation disputes seeking the annulment of its concession contract.

Represented the country’s leading telecommunications provider in interconnection disputes with other providers.

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

Represented a petroleum products distribution company in disputes against the Ministry of Industry and Commerce, fuel transport companies, and driver unions over the termination of transport contracts.

Represented for over eighteen (18) years one of the leading petroleum products distribution companies in its commercial relations and disputes with its retailers and contractors.

Represented an electricity company in disputes against a municipality over the collection of fees for airspace use.

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

Represented the country’s second-largest telecommunications company in its disputes against the leading company over the nullity of the telephone concession.

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

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

Represented the company owning the country’s main private port in various disputes with hoteliers and other port concessionaires who opposed its construction.

Represented the company owning the country’s main private port in several disputes over registered land, challenging the ownership rights of the port’s land.

Represented an electricity generating company in disputes with electricity distribution companies for breach of payment obligations.

Has participated in several administrative litigation proceedings disputing the validity of firm capacity payments to electricity generating companies converted to natural gas.

Has participated as arbitrator and as counsel in dozens of arbitration proceedings before the Alternative Dispute Resolution Center of the Chamber of Commerce and Production of the National District and Santiago.

Teaching Experience

Instructor in the Diploma Program on “Energy Law” organized by the National Association of Young Lawyers of the Dominican Republic, 2021.

Instructor in the Diploma Program on “Introduction to Monetary and Financial Regulation” organized by the Association of Multiple Banks of the Dominican Republic (ABA) and the National School of the Judiciary (ENJ), 2018.

Instructor in the “Workshop on the Legal Framework 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.

Professor of “Taxes”, Pontificia Universidad Católica Madre y Maestra (PUCMM), 1995-1997

Place of birth: Moca, Dominican Republic