Attorneys

Shoschana Zusman Tinman
Partner

Born in Lima, Peru, 1948
Telephones: (51-1) 2425347- (51-1) 2420175
Telefax: (51-1) 2425414
E-mail: szusman1@infonegocio.net.pe

Professional Studies

Pontificia Universidad Católica del Peru, Law Faculty

Areas of Specialization

Civil Law
Commercial Law
Corporations Law
Corporate Law
Administrative Law
Telecommunications Law
Regulation
Stock Market Law
Consulting, Arbitration and Negotiation, Projects and Contracting

Professional Experience

Independent Lawyer specialized in the areas of Civil Law, Commercial Law, Administrative Law, Regulation and Stock Market Law.

Arbitrator appointed by the Republic of Peru to the International Center for Settlement of Investment Disputes (ICSID); effective as from July 2005. The term of this assignment is six years.

Arbitrator registered with the National and International Reconciliation and Arbitration Center of the Lima Chamber of Commerce; Center of Conflict Analysis and Resolution of Pontificia Universidad Católica del Peru; AMCHAM PERU Arbitration Center; CEARCO-PERU Arbitration and Commercial Reconciliation Center; Superior Council of State Contracting and Acquisitions; and, Center of Arbitration and Appraisals of the Lima Engineers Association (Lima Departmental Council).

Arbitrations.- Has participated in arbitration procedures related to the following matters, among others: telecommunications (dominating operator vs. the State or operator vs. operator); mining (company vs. company); electricity (operator vs. operator or vs. the State); finance (financial groups vs. the State or between financial groups); civil work contracts (between private entities as well as private entities vs. the State); service contracts (between private entities as well as private entities vs. the State); legal stability agreements (legal stability agreements entered into by the State and electricity operators as well as telecommunications operators); commercial contracts; disputes between stakeholders of corporations and, in general, disputes concerning the interpretation of contracts and complaints arising out of breach of contracts and requests for indemnities. Amounts involved: between US$500,000 and US$180 million.

Member of the Administrative Court of the Peruvian Securities and Exchange Commission (CONASEV). May 2001 to March 2004.

External Advisor to the Supervisory Body of Private Investment in Telecommunications (OSIPTEL). 1993 - 2001. Provided advisory services directly to the Telecommunications Investment Fund (FITEL). Participated in the design of the aforementioned Fund, its organization and implementation, in drawing up its regulations and the organization of tenders of funds for the program of rural telecommunication projects.

Has been member of 14 Collegiate Bodies (CCO) of OSIPTEL, which resolved, as first administrative instance, disputes between telecommunications operators.

Legal Advisor to the National Development Corporation (CONADE) and the Financial Development Corporation (COFIDE S.A.); companies in charge of managing the State’s entrepreneurial activity from 1982 to 1984.

Member of the Board of CONASEV in 1984.

Acknowledgements

Listed “Leader in Dispute Resolution” in Practical Law 2006 (www.practicalaw.com) see
.
Listed as "One of the Ten Most Requested Arbitrators", Semana Economica, December 2004. see

Listed among the 34 most renowned Latin American arbitrators, Undisputed Leaders, Latin Lawyer, 2006 (www.latinlawyer.com) see

Other Activities

Member of the Justice Consulting Commission of the Ministry of Justice, during the term of Dr. Baldo Kresalja Rosselló (as Minister); March 2004 - February 2005.

Member of the Commission on the Study of Stock Market Legislation by the Lima Bar Association (CAL), during the term of Dr. Ulises Montoya Alberti (as Dean); March 2003 – March 2004.

Member of the Juridical Act Consulting Commission of the CAL.

Participated in the project for implementing the Private Pension System of Honduras; having prepared the Draft Laws and Regulations in 1994.

Was part of the Commission in charge of drawing up the National Control Law and headed the team that drew up the draft of the Law of Privatization of State Companies and the Law and Regulations of the Private Pension System (SPP) in 1992.

Participated in the Commission on the Reform of the 1936 Civil Code and was Reporter of the Draft Project of the Juridical Act Book, together with Dr. Manuel de la Puente y Lavalle, between 1982 and 1984.

Publications

Various publications in magazines and reviews specialized in Civil Law matters: "Mistake in the Juridical Act" in “Reading the Civil Code II”, published by “Pontificia Universidad Catolica del Peru Publishing Fund” (1984) see and “Theory of Invalidity and Inefficacy” in Lus et Veritas; Year IV; No. 7. see

Publications on matters related to teaching law: “New Trends in Law Teaching”, in “PUC Law”; Review of the Law School of Pontificia Universidad Catolica del Peru No. 52, December 1998, April1999 see and "Learning to Learn" in the Tribute Book to Jorge Avendaño”, 2004. see

Has published, jointly with Dr. Jorge Avendaño V., the Book "Total Quality in Law Teaching” in 2004. see

Published "Dilemmas and Paradoxes of Legal Reasoning" in Themis, Law Review No. 48; 2004. see

Published “Contractual Good Faith” in Themis, Law Review No. 51, 2005. see

Has written “Interpreting the Interpreter”, article that will be published in a collective work of 70 Latin American professors, entitled “The Interpretation of the Contract in Latin America.” see

Has collaborated with the quality newspaper “Gestión”, having written articles in the Opinion Section.

Co-author, with Dr. Manuel de la Puente y Lavalle, of the “Substitute Project of the Juridical Act Book” in “Projects and Preliminary Projects of the Reform of the Civil Code.” see

Academic Experience

Dean of the Universidad Peruana de Ciencias Aplicadas (UPC) Law Faculty and Faculty professor of the course “Legal Skills”, during the first semester of 1998.

Professor of Pontificia Universidad Catolica del Peru Law Faculty, in the Civil Law area (Juridical Act) since 1980. Associate Professor of the Faculty from 1999 to 2005. Principal Professor of the Faculty since 2005. Has taught in this Faculty the courses Introduction to Civil Law and Guarantees and Social Responsibility. Professor of the Legal Skills Course of the Law Faculty (legal reasoning, writing, oral expression, clients’ treatment) since 2003.

Professor of Civil Law at the Universidad de Lima Law Faculty in 1981.

Professor of Civil Law in the Public Management Program and in various extension courses at the Universidad del Pacifico, between 1981 and 1985.

Taught the course History of Latin American Law, in the Masters Degree Program of Pontificia Universidad Catolica in 1990.

Has taught different courses in the Peruvian Exporters Association (ADEX).

Taught courses on law and contract interpretation in Workshops for Judges sponsored by the Ford Foundation, in the cities of Arequipa an Ayacucho in 1980.

Membership

Member of the Illustrious Lima Bar Association

Languages

Spanish and English