Eric Franco

eric.franco@legaldelta.com

Eric Franco brings over 20 years of experience as lawyer, international arbitrator, member of dispute boards, mediator and professor.

He has worked on infrastructure, engineering and construction projects and disputes in Latin America, Europe and Asia, both as inhouse counsel for owners and an international contractor, as well as external counsel, arbitrator and member of dispute boards. He is Managing Partner at Legal Delta.

Eric was an in-house lawyer in large international companies in the power, mining, infrastructure, engineering, and construction sectors, for more than 16 years until March 2024. His last position was contracts and disputes Global Expert at Engie Group and General Counsel at Engie Energía Peru.

As an arbitrator, he participates in international and domestic arbitrations, both in English and Spanish. He is a member of standing and ad-hoc dispute boards and one of the leading promoters of dispute boards in Latin America.

He holds leadership positions in several organizations related to arbitration, dispute boards, mediation and construction law. He is a professor of conflict prevention and resolution, construction law and infrastructure law.

Eric is used to working within international and intercultural environments and teams. He has worked in Switzerland, England, Japan and Peru. He is fluent in Spanish (native) and English and has basic knowledge of German and Japanese.

Recognitions

Practice Areas

  • Conflict Prevention and Dispute Resolution
  • Construction Law
  • Public-Private Partnerships
  • Arbitration
  • Dispute Boards
  • Mediación
  • Corporate Finance
  • Mergers and Acquisitions

Experience

CONSTRUCTION LAW AND PUBLIC-PRIVATE PARTNERSHIPS (PPP)

Eric’s experience spans engineering and construction projects and disputes across Latin America, Europe and Asia. He has worked as an in-house lawyer for owners and international contractors and as an external lawyer, member of dispute boards and arbitrator.

A significant part of his daily work involves dispute prevention and negotiating commercial contracts to ensure project continuity or satisfactory closure while he is implementing projects.

He has international knowledge in negotiating and implementing multiple forms of engineering and construction contracts, including bespoke and standard contracts such as FIDIC and NEC.

He led the translation and adapting of the Framework Alliance Contract FAC1 into Spanish.

ARBITRATION

Having issued over 50 national and international awards in English and Spanish, Eric is well-versed in various applicable laws and arbitration rules, including those of prominent institutions such as the International Chamber of Commerce (ICC), the Brazil-Canada Chamber of Commerce (CAM-CCBC), the Lima Chamber of Commerce (CCL), the American Chamber of Commerce (AMCHAM Peru) and the Center for Analysis and Resolution of Conflicts of the Pontifical Catholic University of Peru (CARC – PUCP).

He has resolved and prevented disputes across various sectors, including public and private contracts for hospitals, electrical projects, mining, oil and gas, sanitation works, roads, shopping centers, educational centers, urban buildings and public-private partnership contracts.

He holds leadership positions in organizations related to arbitration, dispute boards, mediation and construction law, including Chair of the Peruvian Chapter of the Chartered Institute of Arbitrators (CIArb), Chair of the Americas Initiative of the Institute for Transnational Arbitration (ITA), Member of the Latin American Group of the ICC and Co-Chair of the Energy and Natural Resources Committee of the Asociación Latinoamericana de Arbitraje (Alarb). Additionally, he is deputy editor of the magazine Construction Law International (CLINT) of the International Bar Association (IBA), a founder of the Peruvian Society of Construction Law (SPDC) and Co-Chair of the Owner’s Subcommittee of the Instituto Brasileiro de Direito da Construção (IBDIC). Arbitrator Intelligence recognizes him as a “distinguished arbitrator” and Leaders League recognizes him as an “excellent arbitrator”.

DISPUTE BOARDS

Since 2013, he has been a critical advocate for Dispute Boards in Peru and Latin America. He has contributed significantly to the drafting of main Dispute Boards regulations in Peru, such as those of the Center for Analysis and Resolution of Disputes of the Pontifical Catholic University of Peru (PUCP) and the Lima Chamber of Commerce (CCL) and the regulation of Dispute Boards for public works.

With intercultural skills developed through living in Switzerland, England, Japan, and Peru, Eric brings a global perspective to his work.

Teaching

Eric is a lecturer in conflict prevention, resolution and construction law in Peru, Chile, Argentina and the United Kingdom.

Education

  • Law degree from the Pontifical Catholic University of Peru (PUCP)
  • Master in Science (MSc) in Construction Law and Dispute Resolution from King’s College London, for which he is an alumni leader in Peru.

Affiliations

  • Chair of the Peruvian Chapter of the Chartered Institute of Arbitrators (CIArb).
  • Chair of the Americas Initiative of the Institute for Transnational Arbitration (ITA).
  • Member of the Latin American Group of the ICC.
  • Co-Chair of the Energy and Natural Resources Committee of the Asociación Latinoamericana de Arbitraje (Alarb).
  • Deputy editor of the magazine Construction Law International (CLINT) of the International Bar Association (IBA).
  • Founder of the Peruvian Society of Construction Law (SPDC).
  • Co-Chair of the Owner’s Subcommittee of the Instituto Brasileiro de Direito da Construção (IBDIC).

Languages

  • Spanish (native) and English (fluent)
  • Portuguese (intermediate)
  • German and Japanese (basic)