Fernando P. Henríquez - Partner

Partner

FERNANDO P. HENRÍQUEZ

F.HENRIQUEZ@SEIBELHENRIQUEZ.COM

LANGUAGES

Spanish

English

EDUCATION

Instituto OMG

Certificate in Commercial Restructuring and Judicial Liquidation, 2017

Dispute Resolution Center of the Chamber of Commerce and Production of Santo Domingo / National School of the Judiciary

Certificate in Arbitration and the Judiciary – Legal Issues and Practical Scope, 2013

Pontificia Universidad Católica Madre y Maestra
Santo Domingo, Dominican Republic

Master's in Business Law and Economic Legislation, 1994 (Thesis Pending)

Pontificia Universidad Católica Madre y Maestra
Santo Domingo, Dominican Republic

Law Degree, Cum Laude, 1992

Fernando Paíno Henríquez Dájer has had an extensive and successful legal practice in the areas of dispute resolution and transactional law.

For over 30 years he has been continuously involved in multiple complex mergers and acquisitions, investment projects, international and local financings, international public tenders for public works, securities contracts and issuances, corporate matters, energy, telecommunications, tax planning, banking, and general contracting. He has likewise participated in various litigation and arbitration proceedings across virtually all areas of law: civil and commercial, criminal, real estate, labor, administrative, and constitutional.

For decades he has represented several of the leading companies in the electricity, telecommunications, fuel distribution, banking, tourism, and construction sectors.

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

Affiliations

  • Member of the Bar Association of the Dominican Republic
  • Member of the Dominican College of Notaries, Inc.
  • Arbitrator at the Alternative Dispute Resolution Center of the Chamber of Commerce and Production of Santo Domingo
  • Member of the Advisory Council of Investa Capital Partners
  • Vice President of the Executive Council of Centro Juan XXIII
  • General Coordinator of the Public Heritage Recovery Team (ERPP)
  • Founding Member and Secretary of the Board of Directors of the Dominican Capital Market Chamber (CADOMCA)

Professional Experience

  • 2010–present — Partner at the law firm Seibel & Henríquez
  • 1993–2010 — Managing Partner at the law firm Grisolía & Bobadilla
  • 1992–1993 — National Consultant for the Tax Reform Implementation Project UNDP–Secretary of State for Finance

Relevant 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 billion involving assets and/or companies of the Dominican Republic.

Currently representing one of the awarded companies in the international public tender for the largest and most significant electricity generation project in the Dominican Republic, currently under development in Manzanillo.

Represented the Dominican State and the Airport Commission as a member of the negotiating commission and lead counsel in the renegotiation of the concession contract for the Dominican Republic’s public airports with Aeropuertos Dominicanos Siglo XXI, S.A. (AERODOM), affiliated with Vinci Airports.

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 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 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.

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

Legal audit of all open tender processes conducted by the Mass Transportation System Development Trust of the Dominican Republic (FITRAM) during 2021–2022 related to the construction of the Santiago monorail.

Legal assistance to the Dominican State in the bidding process for Phase III of the Santo Domingo cable car system.

Legal assistance to 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 over 20 years 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.

Legal advisory to the Dominican State in the development of the Nueva Barquita social and urban development project.

Relevant Litigation

Member of the Board of Coordinators of the Public Heritage Recovery Team. Group of attorneys contracted to represent the Dominican State in the recovery of public heritage pursuant to Decrees Nos. 22-21 dated January 13, 2021 and 579-24 dated October 4, 2024.

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

Co-author of the “Manual of Dominican Administrative Law.” A work sponsored by the Constitutional Court of the Dominican Republic and the Center for Constitutional Studies, with the participation of the University of Salamanca, the Center for Research on Administrative Justice, and Universidad Pedro Henríquez Ureña (UNPHU). 2024.

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