Interviews with the pinnacle of the profession THOUGHT LEADERS Mexico 2022
WWL Thought Leaders: Mexico 2022, which brings together the insight, expertise and wisdom of some of the world’s foremost Mexico lawyers and experts in a single book. Through thousands of votes and nominations in the course of our research, the market has identified that the practitioners in the following pages are among the very best in the world in their field, without exception. Who’s Who Legal has been researching legal markets since 1996 and now covers 35 practice areas and over 150 countries. Entry into our guides is, of itself, no easy feat, with fewer than half of those nominated obtaining a listing. The bar to be considered a thought leader for Mexico is even higher: only those listed lawyers who obtained the highest number of nominations from peers, corporate counsel and other market sources in our most recent research cycle were considered. In total, only one in every five individuals considered for inclusion in WWL: Mexico 2021 were invited to take part in WWL Thought Leaders: Mexico 2022 Through interviews with the practitioners themselves, WWL Thought Leaders: Mexico aims to shine a light on what puts these practitioners at the apogee of the global Mexico market. They are worthy of special mention owing not only to their expertise and experience advising on some of the world’s most significant and cutting-edge matters, but also their ability to innovate and inspire. Their experience and understanding of the legal world and their unique insights into the area will no doubt be illuminating and instructive to a wide spectrum of readers, whether clients, corporate counsel, established practitioners, those starting out in the law, or anyone with an interest in the practice of law at the very highest level.
Content production manager Robert Harris Senior production editors Katie Adams, Harry Turner, William Holt Production editor Ellen Desmond Junior production editor Nathaniel Balch Head of business development Adam Landes Business development manager Kiteria Yiu Account managers Nick Townsend, Bilikis Olowolekomoh, Sam Limbu, Leon Hartley, Hadassah Maitaram Customer service executive Harry Marloe Publisher Tom Barnes
IIntroductionamdelightedtopresent
Contents
In total, only one in every five individ uals considered for inclusion in WWL: Mexico 2021 were invited to take part in WWL Thought Leaders: Mexico 2022
THOUGHT LEADERS
This edition of WWL Thought Leaders: Mexico features Q&As with six practitioners with around 150 years of combined experience in the field between them. I would like to thank the participants who gave us their valuable time to answer our questions and make the book possible. It is rare to have so much Mexico expertise concentrated in one place and we hope you will agree that their responses make fascinating reading.
Cover istockphoto.com/kenishirotiephotography:PrintedanddistributedbyEncompassPrintSolutionsTel:08442480112ISSN2633-7320 © 2022 Law Business Research Ltd 2 Fernando Carreño 4 Laura Collada 6 Adrián Magallanes 8 Montserrat Manzano 10 Ricardo Ramírez Hernández 12 Diego Sierra 14 Claus von Wobeser 16 Directory
Rupert Wilson Head of research & analytics, Who’s Who Legal July 2022
Head of research & analytics Rupert Wilson Head of research: US Penelope Williams Deputy head of research Charlotte Riley Senior research analysts Conor Manders, Alex Bottomley Research analysts Ammara Saleem, Tabia Lui, Olivia Harrison, Kirsty Carvalho, Johana Shonibare
Von Wobeser y Sierra, SC Mexico
BiographyCarreñoFernando
Fernando is a partner at Von Wobeser y Sierra. With more than 15 years of experience, he heads the antitrust practice, is a key member of the corporate, mergers and acquisitions area, and is part of the firm’s executive committee. He is also a member of the ESG (environmental, social and corpo rate governance) practice group. His track record includes advising top-tier companies, including leading Fortune 500 companies.
Tel:fcarreno@vwys.com.mxwww.vonwobeser.comCity+525552581042 2 Competition
The best advice I have received is to always be close to the client. In my experience, it is essential to convey a sense of tranquillity and confidence to the client, and for that purpose it is indispensable to be close to the client at all times and to understand in detail their needs and concerns.
What inspired you to specialise in competition law? Competition law is the field of law that allows companies to play fair by protecting the process of competition in a free market while maximising social welfare. Being able to help companies grow their business organically and in the most efficient way, while being in compliance with the compe tition rules and generating a benefit to society at the same time was what inspired me to become an antitrust lawyer.
Previously, discussions were face-to-face and scheduling a meeting with the staff was complicated.
In this case, the authority’s requests for information were very extensive and it was necessary to submit complex economic arguments to address the Commission’s concerns.
What qualities make for an effective antitrust lawyer? An effective antitrust lawyer must have sufficient technical knowledge to under stand the needs of the client and the market in which the client is active, as well as the sensitivity and intelligence neces sary to find practical solutions to complex problems.Additionally, good communication skills, being proactive, paying close attention to detail and staying knowledgeable are key elements to becoming an effective antitrust lawyer. How has the market changed since you started practising? Certainly, the digitisation of markets has been the most significant change I have witnessed since I started practising. The digitisation of markets has brought different challenges for everyone, including companies, authorities and antitrust lawyers. What industries in your prac tice are particularly active at the moment, and why?
When it comes to the merger control process, what are the greatest challenges faced by clients and lawyers alike? In a merger control process, it is important to know how to manage clients’ expecta tions in terms of estimated time to obtain clearance. In addition, it is essential to maintain constant and clear communica tion with the authority, with the intention of limiting the information to be provided to what is strictly necessary for the competi tion assessment of the transaction. To what extent has the shift to online technologies made it easier to reach and interact with competition authorities? The shift to online technologies made communication and interaction with the competition authorities in Mexico easier, as it is now very simple and quick to schedule a call with the staff and discuss any doubts related to the transaction.
WWL says: Fernando Carreño stands out as a market-leading competition specialist with unparalleled expertise in mergers and regulatory matters.
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Looking back over your career, what has been the most inter esting antitrust case you have been part of? The merger between AB InBev and SABMiller has been one of the most inter esting transactions I have ever been part of. This transaction was notified in several jurisdictions. In Mexico, it was particularly complex due to AB InBev’s significant pres ence in the country through Grupo Modelo. It is common for the Commission to focus its attention on high-profile transactions such as this one and conduct a more in-depth analysis of the competition risks.
What is the best piece of career advice you’ve ever received?
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One of the most active industries at the moment is the aircraft industry, as it was one of the industries most affected by the covid-19 pandemic and is currently in the process of recovery. Also, as a result of the covid-19 pandemic, based on my experi ence, the number of transactions related to private equity firms has increased consid erably. Currently, private equity firms are diversifying their portfolio and investing in different types of companies active in various industries and sectors.
Experienced managing partner Laura Collada has more than 30 years of experience in the complete life cycle of IP rights. Laura is a leading lawyer in the IP arena in Mexico. She is a true strategist and has acted on several milestone cases. Laura leads most of the firm’s large and complex cases. She is regularly invited to speak for organisations such as MARQUES, CITMA, UIA, ASIPI, FICPI, ABPI, AIPLA and INTA.
BiographyColladaLaura
Dumont Mexico Tel:lcollada@dumont.com.mxwww.dumont.mxCity+525553226230 4 Intellectual Property
What attracted you to a career in IP? As mentioned before, when I started working in IP, I didn’t know what a trade mark was. While working I fell in love with the subject because it is about creativity, about originality, about novelty, about the human spirit at its best. The creations of that spirit need to be recognised, regis tered, and enforced. I just loved it!
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What are the advantages of hav ing diverse geographical and sector experience? What ben efits does it deliver to clients? I only practice in Mexico but I do a lot of work for European companies of different sectors. I always try to have intel of what is happening in my clients’ markets and that way I can create better strategies for them and offer an added value service, which the clients really appreciate. What makes Dumont stand out from its competitors in the market? Dumont is the second oldest IP boutique in Mexico and has developed and modernised over more than 80 years. We are the only IP firm with a quality management service (ISO 9001:2015), which makes everything traceable at the office, optimising efficiency in our work, which results in satisfied clients, cost control, etc. Also, we are one of the few firms that still draw patents. We train all our patent attorneys since there is no certification in Mexico. We believe in client satisfaction, mouth-to-mouth refer rals and personalised, tailored solutions for all our clients. We are responsive and we are committed to our clients. In what ways, and to what extent, have technological advances assisted patent searches and changed the way you assist clients? Technological advances, primarily artificial intelligence (AI), have had great impact in patent search services. AI-based search engines not only allow us to retrieve better quality search results, but to streamline processes and optimise time. This results in our firm providing more responsive services. Moreover, AI-prompted analytics help us provide more comprehensive and even visually displayed insights to our clients when necessary.
Some say that “for brands, winning in cyberspace can now be as important as winning in the courtroom”. Do you see this trend reflected in your IP practice? This year the trend is the metaverse, digital environments and many other new things in which reality is winning over law, in the sense that any country can amend their legal frameworks as fast as technology and trends appear. Brands in cyberspace is the most important issue right now and the important thing is to see how the law develops. Do you believe the globalisa tion of IP in Mexico can affect an increase in economic development? No. I think that the more global, the more economic development. As managing partner, what are your main priorities for Dumont’s development over the next five years? We are working on several new projects; IP in the metaverse, another virtual world; we have developed an intelligence unit for counterfeiting research unique in Mexico, etc. We are grooming junior associates to service clients. We are creating internal policies of inclusion and diversity. Our priorities are to continue to be a top-ofthe-line IP service that offers cutting-edge IP services targeting clients’ satisfaction. We want to work with global standards regarding DI, work-balance, client service, etc. We want to continue being a key player that develops and modernises to satisfy the needs of our clients and to be recognised for the quality of our service. We have never aimed to be the largest but the best. In five years: more clients, more partners, more IP specialisations.
WWL says: Laura Collada is highly regarded for her “full understanding of IP law and the Latin American market”, as well as her “deep knowledge of the client’s needs”.
Describe your career to date. I started working as an intern on an IP case while attending law school and it took me 22 years to become managing partner of one the top IP firms in Mexico. When I started my first job, I didn’t know what a trademark was. Today I am passionate about IP and try to pass along knowledge and experience as a teacher, as a speaker, etc. It has been an exciting ride.
Adrián is co-head of the arbitra tion and litigation practice groups at Von Wobeser y Sierra and co-leads its energy and natural resources industry group. He has appeared as counsel in ad hoc and institutional arbitrations organised under the ICSID, ICC, UNCITRAL, LCIA and AAA-ICDR rules, among others. He also acts as arbitrator. He has vast experi ence in litigating before Mexican courts and is vice chair of the Rule of Law Committee of the American Chamber of Commerce (AMCHAM). Von Wobeser y Sierra SC Mexico
BiographyMagallanesAdrián
Tel:amagallanes@vwys.com.mxwww.vonwobeserysierra.comCity+525552581057 6 Commercial Litigation
Which types of disputes have you seen arising from the dif ferent types of contracts you are seeing?
What are the main ways Von Wobeser y Sierra distinguishes itself from its competitors? We are one of the only Mexican law firms to benefit from a full practice, indeed one that has critically acclaimed practices across various fields of both transactional law and dispute resolution – all within the same office. We can therefore offer a ‘one-stop-shop’ to our clients. This also particularly strengthens our dispute resolution practice, as it enables us to instantly tap into the knowledge of leading lawyers across all areas of commercial law; and, valuably, often we work alongside the same transactional lawyers that established the legal relationship that is the subject of the relevant dispute. Our hallmarks include highly selective recruitment and hands-on training by the senior attorneys of the firm. Most uniquely, those mentors include two retired justices of the Mexican Supreme Court, Mr Guillermo Ortiz Mayagoitia (former president of the Supreme Court) and Ms Margarita Luna Ramos. Their advice is invaluable to us and their role at the firm is highly related to the preparation of our younger attorneys.
WWL says: Adrián Magallanes is regularly engaged in complex litigation spanning from large-scale energy and infrastructure projects.
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Ultimately, the software investments we made have rendered these as non-issues, and in fact our degree of communication has prob ably increased. Nevertheless, the Mexican court system is still to some extent reliant on in-person inspections of case materials and we remain indebted to those law clerks and attorneys that have continued to attend courts.
How have changes in the energy industry by the regulator led to changing demands from clients?
How have you adapted to con ducting litigation proceedings virtually due to the coronavirus pandemic? We have adapted well. At the start of the coro navirus pandemic, oversight and communi cation were issues that caused me concern, as well as the lack of access to IT support.
Many of our renewable energy clients, who first invested in Mexico because of the 2013 energy reform, are anxious to understand their rights under Mexican constitutional law as well as under Mexico’s international treaty regime due to the recent measures. We have had to move rapidly to file constitu tional lawsuits, while ensuring that in doing so we do not impact upon any particular clients’ rights in international law. How do you anticipate changes to the Energy Industry Act will impact consumers and private investment into Mexico? At this stage it is difficult to say, as the intended changes set out in the proposed law amendments are currently suspended following a series of constitutional (amparo) challenges. However, the turbulence has already detrimentally impacted upon the value of private investments in the energy sector, and particularly many ongoing renew able energy projects have faced impacts with respect to their interconnection to the national grid. The changes thus far sought would involve a reversion away from the prin ciple of free competition underlying the 2013 energy reform, towards a system of CFE/ PEMEX market control. For consumers, we can therefore anticipate that any such reduc tion in competition would likely have a nega tive impact on the price of electricity, as well as on Mexico’s greenhouse gas emissions.
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We have seen a broad range of contract breaches across many industries deriving from the economic and logistical conse quences of the coronavirus pandemic, including project delays, rent non-payments, insurance claims, non-compliance with services agreements, among others. We have dealt with many applications for interim relief and emergency proceedings, and the scope of force majeure has been a recurring legal issue. Disputes in the energy industry have significantly increased.
Why do class actions continue to be in demand and how do you see them developing in the future?
Class action lawsuits are an essential tenet of consumer protection and I do not imagine that shall change. As the world becomes more interconnected, I imagine that the ease of organising class actions shall only increase and I anticipate that cross-border proceedings will likely increase. I expect that class action plaintiffs will become more organised, and in the coming years we will likely see more coor dination among various jurisdictions, at least in the US and Mexico. The development of the class action procedure in Mexico shall depend in part on the courts’ interpretation of their regulation, specifically the rules on ‘standing’ for class action members, and on whether an opt-out mechanism can be implemented in the system.
How has the Von Wobeser y Sier ra team developed a strength in obtaining injunctions? Applying for injunctions in Mexican courts and before arbitral tribunals has been a core element of our work for more than 20 years, and the lessons learned have always been passed down throughout the dispute resolution team. Having dealt with as many interim relief applications as we have –from both the applicant and respondent perspectives – we are today familiar with the fundamental elements that any successful application must have, as well as the strate gies that simply do not work. Injunctions in our practice are of utmost importance; they often lead to settlements. How does diversity and inclu sion form an important part of Von Wobeser y Sierra’s culture? We value enormously the diversity of our talent pool and have long actively sought to ensure that our recruitment policy and office culture are welcoming of people from all backgrounds. We have long understood that the introduction of diverse ways of thinking and working strengthen our practice – it is why we first set up our foreign attorney programme more than two decades ago. We maintain a specialist diversity committee in our firm, and we organise regular workshops and trainings, with a view to in the future establishing as diversity-rich a practice as possible.
Just to mention one example, once a week they moderate a breakfast meeting with all litigation associates to discuss the newest judicial criteria issued by Mexican courts.
Von Wobeser y Sierra, SC Mexico
BiographyManzanoMontserrat
Tel:mmanzano@vwys.com.mxwww.vonwobeser.comCity+525552581018 8 Arbitration
Montserrat is a partner at Von Wobeser y Sierra, where she focuses on international, commercial and investment arbi tration. She has participated in a vast number of international arbitration proceedings, either as counsel, arbitrator and/or secretary, under the ICC, ICSID, UNCITRAL, LCIA, PCA and CAM rules. She has successfully repre sented clients in administrative and constitutional proceedings before Mexican courts, including proceedings in support of arbitra tion and provisional measures.
The current arbitration mar ket is reportedly working with a small pool of arbitrators, and it is becoming increasingly difficult to find arbitrators who do not have a conflict of interest. Do you agree, and if so, how can this issue be effectively addressed?
More and more practitioners are leaving firms to set up their own arbi tration boutiques. What are the main drivers for this in your experience? Traditional full-service firms simply cannot avoid conflicts of interest. International commerce involves so many players and it is understandable that many arbitration practitioners would want to avoid being constrained with respect to the matters they take on, as well as have more flexibility to assume positions as arbitrator. Many arbitration practitioners are also grasping the opportunity to attract clients by offering high-quality work at attrac tive fee arrangements in an increasingly competitive global market. I am sure greater control over hiring, flexible working policy, and overall firm policy and strategy would also be contributing factors. How has the shift to online working and events affected networking opportunities? As practitioners, we usually attend the major arbitration meetups, such as the IBA Global Conference. The shared experiences and networking opportunities we have at those conferences cannot truly be repli cated online. Nonetheless, the pandemic gave rise to a wave of accessible thought leadership that is immensely valuable, especially to younger arbitration practi tioners around the world. For example, the ITA 2020-2021 Americas Workshops and the online work sessions of the ICC Commissions have been successes. Arbitrator independence and dis closure is a hot topic, with con cerns that standards are opaque and restrictive. Do you agree? Arbitrators today certainly exercise a higher degree of caution than has been the case in the past, in light of certain highprofile controversies. I am not sure I would correspond to the view that all applicable standards are opaque and restrictive. For instance, the 2021 ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration gives clear guid ance in this regard. The current IBA guide lines have been used as useful guidance for almost a decade. However, it is important that these standards continue to reflect best practices as they develop.
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WWL says: Montserrat Manzano receives praise from sources on account of her “intelligence, strong leadership and communication skills”. Her “impressive attention to detail without losing the bigger picture” is delivered with aplomb.
What are the biggest changes you’ve seen in arbitration since you started practising? Since I started practising, there has been a constant growth in the number and diversity of practitioners involved in the field. Arbitration is a more common practice with a growing number of lawyers from diverse backgrounds and legal traditions getting involved in this field, which has led to more firms developing specialised teams in this area. The practice of arbitration today is far more sophisticated. Conceptualisations of protec tions in international investment law have also become vastly more sophisticated over the course of my career, and the implementation and acceptance of soft law guidelines such as the IBA Rules on the Taking of Evidence and the IBA Guidelines on Conflicts of Interest have been important advancements. The pandemic has also provoked important change. The digitalisation of proceedings was long overdue and their reflection in the rule amendment projects of the LCIA, ICC and ICDR is very welcome, in addition to the updates to the IBA Rules on the Taking of Evidence (2020).
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Arbitration practitioners must do a careful case-by-case analysis of the specific facts that may give rise to a bias or a lack of inde pendence of the arbitrator, though the mere fact that an arbitrator may have past profes sional contacts with a party or counsel does not generate a conflict of interest per se. The existence of a “small pool of arbitra tors” is no longer the status quo, though many senior statesmen continue to be repeatedly appointed in many investorstate cases given their public track records. Nonetheless, we are seeing a genera tional handover, and there are multiple initiatives and institutions making this more visible and supporting this effort, like the RAI, YAWP, Young ITA, ICC YAF, REAL and many others.
Given the increasing frequency of conflicts experienced by arbitrators and counsel, should there be a set of universal con flict principals across arbitra tion institutions? The IBA guidelines have served a useful, ‘universal’ guidance role, but are not directly applied by all decisionmakers as applicable rules. For instance, the ICC Court has devel oped conflicts principles in its Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration. Whether universal or specific conflict principles are applied, all the rele vant standards must be stringent enough to prevent the possibility of awards being annulled at the seat based on conflicts of interest or undisclosed circumstances.
What is the most significant challenge arbitration will face in the coming year? In the coming year one notable challenge for arbitration practice will be recalibrating into a hybrid mode of work with enhanced effi ciency in order to provide services at reason able costs to satisfy users. Arbitration practitioners of all ages must be agile and diligent in their service provision, and firms must continue to take care of their employee’s wellness and mental wellbeing.
How might up-and-coming arbitration practitioners best position themselves in today’s market? The global market is quite saturated. Up-and-coming arbitration practitioners should master the fundamentals of arbi tration (the principal global procedural rules, treaties, and laws), be resilient and prepared to step outside their comfort zones to advance their careers.
Ricardo Ramírez is a well-known international economic law expert and adjudicator with 27 years of experience advising governments and companies on international agreements, including the WTO and the USMCA. He has also sat on and appeared before various arbitral tribunals or panels on trade and investment. He has been appointed to several rosters of adjudicators, including the ICSID, the Beijing Arbitration Commission, the Shenzhen Court of International Arbitration, the USMCA, and Mercosur. RRH Consultores, SC Mexico
BiographyHernándezRamírezRicardo
Tel:rrh@rrhconsultores.comwww.rrhconsultores.com.mxCity+525556351732 10 Trade and Customs
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We are unique because we can provide advice on basically any chapter of an inter national trade instrument as opposed to being limited to the customs or trade remedies disciplines in an FTA. What gives us that edge is that our team is composed of lawyers who directly advise on the nego tiation of FTAs and have an integral view of such a legal instrument by leading or participating directly in its legal scrubbing. On top of that, our team has extensive expe rience in litigating disputes arising out of the instruments they have participated in. We can proudly say that a lawyer from RRH has played a significant role in all FTAs and most of the trade disputes involving Mexico for more than 25 years. Why did you decide to set up your own firm? The idea of the law firm came precisely from seeking to offer an option of integral and in-depth advice on the complete spec trum of international trade issues. Looking back over your career, what has been your proudest achievement? With my partners, we are still trying to prove that international trade is not just customs and trade remedies; I am very proud that we are making strides at convincing clients that international trade advice and dispute settlement covers a whole range of topics and that we are capable of offering top quality and sophis ticated advice to address their needs in the international trade arena.
WWL says: Ricardo Ramírez comes highly recommended for his first-tier work on a spectrum of sophisticated international trade disputes.
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I have more than 27 years of experience in international economic law as a nego tiator, adviser, litigator, and adjudicator. I started my career at the Mexican Ministry of Economy. For almost 11 years, I negoti ated, advised, and litigated disputes under the WTO and Free Trade Agreements (FTAs). In 2006, I went to private practice at Chadbourne & Parke, where I headed the international trade practice for Latin America. In 2009, I had the honour and privilege of being appointed by the WTO Membership to its highest adjudicatory instance, the Appellate Body. I served in that capacity until 2018, where I chaired that institution for two terms. After leaving the WTO, I decided to dedicate full time to my law firm; initially, I focused on trade remedies and then grew to become a “full international law trade service firm”, advising and litigating on practically all issues arising under multilateral trade agreements and FTAs. Independent from my private practice, I have served and continue to serve as an arbitrator and panellist on panels and arbi tral tribunals established under various international instruments, including the USMCA, the WTO, the ICSID, and the PCA. How has international trade law most changed since you first started practising? The history of trade rules is necessarily tightly linked to how sophisticated trade has become over the last 30 years. In some aspects, the issues that I had to deal with when I started practising are different than those today. For instance, how the internet has impacted international trade has brought new legal issues. Conversely, some issues that were initially addressed more than 70 years ago continue to be relevant to our practice. For example, the national treatment obligation and customs tariff related issues. What unique challenges and opportunities accompany act ing in trade disputes across several areas of economic law brought under different trade agreements? As disputes become more complex, in some cases, they address issues outside the “purely trade realm.” Trade instru ments are increasingly incorporating new issues, such as anti-corruption or digital trade, and developing other types of novel disciplines such as labour or environment in more depth. Thus, the big challenge is to avoid creating new rules when addressing disputes related to those fields and under stand that economic law has evolved and these new areas should be taken into account. Some jurisdictions are drafting new rules on expedited sum mary proceedings in arbitra tion. How fast can disputes proceed without breaching procedural rights? I am all for these expedited proceedings, although it will depend on the type of dispute and the trade instruments involved. I don’t see a divorce between procedural rights and expedited proceedings. For instance, the WTO appeal proceeding typi cally takes 90 days. No complaints about due process violations have ever arisen. Of course, this is an appeal that does not involve fact finding and the deadline in many very complex and/or voluminous cases was exceeded. However, some lessons could be drawn from the opera tion of this expedited appeal proceeding. Can force majeure claims arising from the coronavirus pandemic still be brought in the near future or has the ship sailed on such claims? It would depend on the nature of the measure or facts involved, the type of clause, and the type of legal instrument included in such a clause. A disputing party is not prevented from invoking force majeure; however, it would depend on the applicable law. Furthermore, the pandemic is still present, so I don’t see why a party could not raise this defence. What makes RRH stand out from its competitors in the market?
Describe your career to date.
BiographySierraDiego
Von Wobeser y Sierra, SC Mexico
Tel:dsierra@vwys.com.mxwww.vonwobeser.comCity+525552501039 12 Commerical Litigation
A partner of Von Wobeser y Sierra with almost 20 years of experi ence. He co-leads the arbitra tion and litigation practices of VWyS. Moreover, he co-leads the anti-corruption and bank ruptcy practices. He has advised Fortune 500 companies in matters of anti-corruption, due diligence, litigation, arbitration and bank ruptcy. He presides over the anti-corruption commission of the International Chamber of Commerce Mexico (ICC Mexico). Diego serves as a board member of the Mexican Bar Association.
How does Von Wobeser y Sierra, SC’s approach to diversity and work ethics help address the ESG-related hurdles clients are facing? Our diversity is one of our core values and has helped us provide more creative, adaptive, and responsive solutions to our clients. We believe this gives us a competi tive advantage vis-à-vis other firms that have arrived just recently into the ESG practice.OurESG task force incorporates multiple areas of expertise; it is not a single unit within the firm but a blend of several fields of specialisation, for example, tax, foreign trade, corporate and M&A, real estate, liti gation, and anti-corruption investigations. Therefore, we believe we are exceptionally well positioned to address ESG within the dispute and corporate markets in the legal profession.
Young arbitrators must understand that civil law, at least in Mexico, is a living and evolving discipline. It is not only a statu tory, hard law codified set of rules but also a flexible set of rules that evolve through precedents. Young practitioners must dive very thoroughly into the world of prec edents, understand the reasoning giving light to these precedents published by the courts, and recognise that civil law each time more and more takes and incorpo rates the common law tradition of writing the law through cases.
In my way of thought, a very relevant part of our profession is human interaction. Due to human (client and co-worker) interaction, lawyers cultivate a diverse set of aptitudes fundamental to professional development. The pandemic has significantly reduced these opportunities but has shown us the capability to provide our clients an excep tional service with digital tools. To what extent can virtual hearings be relied on to decide high-stake multibillion-dollar cases between parties? Our experience shows that multibilliondollar disputes, however complex, can be settled in entirely virtual hearings. Marinsa is a great example. That entire arbitra tion was run virtually. Not only that, most interactions with the client and other thirdparty restructuring advisers and opposing counsel was virtual. Technology allows for a fluid process whereby arbitrators grasp the facts through direct and crossexamination of relevant witnesses (fact and expert witnesses) by means of virtual testimony.Technology is here to stay. It will continue to improve with time, and people will continue to seek these types of virtual settings that decrease costs and offer a direct comprehension of the facts concerning a dispute.
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WWL says: Diego Sierra is a dispute resolution expert who is praised for his profound ability “to understand the key points of a complex case”.
The major challenge will be successfully navigating the tension between gener alisation and specialisation. On top of the apparent oxymoron lies a great source of intellectual competitive advantage. I firmly believe that the more lawyers can see the forest and not lose themselves in the tree branches, the more accurately they will be able to dive deep into a case’s details. Therefore, I believe the most significant challenge for this generation is to have the intellectual capacity to play a simulta neous generalist/specialist tune. Lawyers need to get out of their comfort zone and understand economics, finance, valuation, basic science, technology and behavioural psychology. All this knowledge evolves at lightning speeds. Publications, schools and modernity push towards specialisa tion. But those who resist the sirens’ call for mental compartmentalisation and dare to look at life from a broader perspective are bound to reap great client satisfaction, fun and fulfilment in the profession.
What typical challenges do younger arbitrators have to be mindful of when undertaking their first case under civil law?
What do you think will be the greatest challenge facing the next generation of arbitration practitioners?
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What is the key to success fully securing an upper hand in negotiations? A key to successfully securing an upper hand in negotiations is understanding your facts as well as you can. It is crucial to have a tight grasp on the reality of the case and the potential probabilities of success on the merits of your client’s arguments. Suppose you can provide your counter party with a fair, reasonable, independent assessment of the probabilities of success. In that case, you will probably have the upper hand and the capacity to anticipate your counterparty’s moves in a negotiation to reach a middle point that best serves your client’s interests.
Name one of your most memorable cases during the pandemic. One of the most notable cases in the pandemic was the de Marinsa bankruptcy case, which involved a complex arbitration for more than US$50 million, a bankruptcy judicial proceeding in Campeche, and dozens of parallel commercial litigations from vendors with whom Marinsa had debts of more than US$250 million. That case demanded commercial litigation expertise, arbitration, bankruptcy, corporate restruc turing, tax, and labour law expertise. It was highly challenging and rewarding for the elite blend of transactional and litigation work at Von Wobeser y Sierra. What changes, if any, are you noticing in how arbitrations are financed? My direct experience shows that arbitra tions continue to be financed mainly by parties involved in the dispute. I do not see a material shift towards third-party funding in arbitration in Mexico. How has the shift to online working and events affected networking opportunities?
14 Arbitration
Claus von Wobeser is founding partner and head of the dispute resolution practice of Von Wobeser y Sierra. He has acted in more than 200 international arbitration proceedings, as either arbitrator or counsel, as per the rules of the ICC, PCA, ICDR, LCIA, HKIAC, SCC, UNCITRAL, NAFTA, ICSID and ICSID Additional Facility, among others. He frequently participates as an expert in arbitration proceedings, and as an expert on Mexican law before US and English courts. Additionally, his experience includes having acted as ad hoc judge of the Inter-American Human Rights Court and as concili ator in ICSID proceedings.
Claus BiographyWobeservon
Von Wobeser y Sierra, SC Mexico Tel:cvonwobeser@vwys.com.mxwww.vonwobeserysierra.comCity+525552581011
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Arbitration rules have to keep up with the practice needs that are emerging. For example, the recent ICC rules expressly provide that hearings can be validly held virtually. Before, they were silent, so there was doubt about whether the parties could annul an award based on the sole fact that the hearing was conducted virtually. Now, under the ICC rules such issue is resolved. Also, to promote arbitration efficiency, the new rules provide several amendments, such as allowing joinder of additional parties after the constitution of the tribunal. The LCIA arbitration rules also provide arbitra tors with tools to expedite proceedings, such as early dismissal or limiting the length or content of any written statement. I expect that these new amendments will help the arbitration proceedings to be conducted in a more efficient manner. However, arbitrators should remember that there is also a duty to resolve the case properly, studying and analysing it carefully. How has the arbitration market demonstrated its resilience in the face of challenges posed by covid-19? I think the arbitration market was not affected severely by covid-19, but it was instead transformed. In my experience, a lot of arbitrations continue to be conducted but in a virtual format. I, personally as arbitrator and counsel, have had a lot of virtual hearings and worked in a complete virtual format with very positive results. For example, the ICC recorded a total of 946 new arbitration cases in 2020, the highest number of cases registered since 2016. How is the generational shift changing legal practice at your firm? What do younger lawyers do differently? Younger lawyers have an advantage working with technology and have adapted quickly to work in a home office format. A radical change with regard to technology is already happening and has certainly been accelerated with the coronavirus pandemic. I believe younger lawyers could continue helping the firm to adapt even more. However, in my law firm, this crisis has led us to already implement different forms of remote working with mostly posi tive results. What professional challenges are you anticipating throughout the coming few years, and how do you intend to navigate them? I expect the coronavirus pandemic will continue to pose new challenges regarding technology issues, for example, cybersecu rity concerns and protection of confidential data. Thus, professionally, new questions will continue to pop up and I believe that discussion and a comparative analysis on how other practitioners have dealt with these could help navigate these new challenges. What advice would you give to someone starting out in arbitration? Get involved within the arbitration commu nity, for example, become a member of different arbitration associations and actively participate in them. This will help to forge valuable relationships with a broader range of leading arbitration practi tioners across the globe. Such connections could lead to future appointments both as counsel or arbitrator. Also, I would say that a sector-specific knowledge could help understand at a deep level the disputes related to such sectors. Additionally, I will say that you never stop learning as an arbitration practitioner. It is essential to keep abreast of developments in the field. Finally, I highly recommend developing an understanding of basic business and finan cial notions to properly comprehend, for example, expert reports on damages or the business-like nature of a contract.
What do you make of the planned proposals for a multi lateral investment court? I am a strong proponent of investor-state arbitration as the preferred mechanism for resolving investment disputes. The current system, in my opinion, works well and like any system could benefit from a few improve ments. The multilateral investment court is a well-thought-out project; however, it will be faced with practical challenges and its execution will be difficult to achieve, given the wide-ranging positions countries and stake holders need to agree on, as well as financing considerations of the whole court system. Leading arbitral institutions, including the ICC and LCIA, have revised their rules, with other institutions to follow. What impact do you expect these changes will have on arbitration practice?
WWL says: Claus von Wobeser is widely heralded as “a careful, thoughtful arbitrator with immense experience”. His “excellent diplomacy” and “superb judgement” are further applauded.
What do you enjoy most about working in arbitration? I particularly enjoy having the opportunity to work both as arbitrator and counsel. As counsel I have been honoured to build strong relationships with inspiring leaders across a variety of industries, and it is my privilege to protect their interests in Mexico and overseas. As an arbitrator, I am proud to uphold the rule of law assisting in developing standards that, if applied and upheld, might help to make Latin America even more stable and welcoming to an investment environment. I am honoured to contribute to the development of inter national arbitration in the region.
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What skills are required for arbi trating in different seats, and how does your experience on this front enhance your practice? Usually, the seat of the arbitration does not affect the ability of an arbitrator. During my career, I have sat in many tribunals with different applicable laws to the arbi tration and seats, and usually the parties provide all the legal elements necessary to consider to resolve the case. For instance, providing expert reports in law. However, I think experience in conducting arbitration proceedings is key to be able to arbitrate in different seats and also in some specific sectors such as energy, oil and gas, infra structure, construction, etc. My experience acting as arbitrator has allowed me to act in cases in the Middle East, Africa, Asia, United States, Latin America and Europe.
Directory16 Administrative Litigation Daniel Amézquita , Galicia Abogados, SC Antonio Arámburu Mejía , Aramburu Saldívar y Vázquez Abogados Omar Guerrero Rodríguez , Hogan Lovells Carlos Malpica Hernández , Malpica Iturbe Buj & Paredes Joselino Morales Lopez , Greenberg Traurig SC Luis Ernesto Peón Barriga , Hogan Lovells Ismael Reyes Retana Tello , White & Case SC Fernando de Salvidea de Miguel , De Salvidea y González Alcántara SC Arbitration José Maria Abascal , Abascal Flores y Segovia Gabriela Alvarez-Avila , DLA Piper Gallastegui y Lozano Cecilia Azar Manzur , Galicia Abogados, SC Kate Brown de Vejar , DLA Piper Gallastegui y Lozano Cecilia Flores Rueda , FloresRueda Abogados Emilio González de Castilla Jr , González de Castilla Abogados SC Francisco González de Cossío , González de Cossío Abogados SC Luis Enrique Graham , Hogan Lovells Rafael E Llano Oddone , White & Case SC Adrián Magallanes , Von Wobeser y Sierra, SC • Q&A Montserrat Manzano , Von Wobeser y Sierra, SC • Q&A Marco Tulio Venegas , LITREDI, SC Claus von Wobeser , Von Wobeser y Sierra, SC • Q&A Herfried Wöss , Wöss & Partners SC Rodrigo Zamora Etcharren , Galicia Abogados, SC Banking Carlos Aiza , Creel García-Cuéllar Aiza y Enríquez SC Rodrigo Castelazo , Creel GarcíaCuéllar Aiza y Enríquez SC Jean Paul Farah Chajin , Ritch Mueller Heather y Nicolau SC Vanessa Franyutti Johnstone , Nader Hayaux y Goebel SC Mercedes Haddad , Creel García-Cuéllar Aiza y Enríquez SC Thomas S Heather , Creel García-Cuéllar Aiza y Enríquez SC Daniel Kuri Breña Romero de Terreros , Kuri Breña Sánchez Ugarte y Aznar SC Michell Nader S , Nader Hayaux y Goebel SC Luis A Nicolau , Ritch Mueller Heather y Nicolau SC José Raz-Guzmán, Greenberg Traurig SC Rafael Robles Miaja , Bufete Robles Miaja, SC Pedro Velasco P , Creel García-Cuéllar Aiza y Enríquez SC Capital Markets Carlos Aiza , Creel García-Cuéllar Aiza y Enríquez SC Manuel Galicia , Galicia Abogados, SC Ricardo Maldonado-Yáñez , Mijares Angoitia Cortés y Fuentes SC Luis A Nicolau , Ritch Mueller Heather y Nicolau SC Patricio Trad Cepeda , Mijares Angoitia Cortés y Fuentes SC Commercial Litigation Xavier Cortina , Quijano, Cortina y de la Torre Emilio González de Castilla Jr , González de Castilla Abogados SC Luis Enrique Graham , Hogan Lovells Omar Guerrero Rodríguez , Hogan Lovells Carlos Loperena R , Loperena Lerch y Martín del Campo Adrián Magallanes , Von Wobeser y Sierra, SC • Q&A Carlos Malpica Hernández , Malpica Iturbe Buj & Paredes Javier Quijano Baz , Quijano, Cortina y de la Torre Diego Sierra , Von Wobeser y Sierra, SC • Q&A Marco Tulio Venegas , LITREDI, SC Competition Fernando Carreño , Von Wobeser y Sierra, SC • Q&A Luis Gerardo Garcia Santos Coy , Creel García-Cuéllar Aiza y Enríquez SC Omar Guerrero Rodríguez , Hogan Lovells Jorge Kargl , Creel García-Cuéllar Aiza y Enríquez SC Christian Lippert H, Galicia Abogados, SC Carlos Mena Labarthe , Creel GarcíaCuéllar Aiza y Enríquez SC Lucía Ojeda Cárdenas , SAI Law & Economics Amilcar Peredo Rivera , Basham Ringe y Correa SC José Ruiz López , Ruiz Ahumada Palazuelos Mauricio Serralde Rodríguez , Creel García-Cuéllar Aiza y Enríquez SC Competition | Economists Pascual García Alba , Instituto Tecnológico y de Estudios Superiores de Monterrey (ITESM) Elisa Mariscal , Global Economics Group Maria Fernanda de la Vega , Alef Consultores Construction & Real Estate Carlos Aiza , Creel García-Cuéllar Aiza y Enríquez SC Rodrigo Conesa Labastida , Ritch Mueller Heather y Nicolau SC Carlos del Rio , Creel García-Cuéllar Aiza y Enríquez SC Daniel Del Río , Basham Ringe y Correa SC Antonio Diez de Bonilla , Greenberg Traurig SC Jean Paul Farah Chajin , Ritch Mueller Heather y Nicolau SC Vanessa Franyutti Johnstone , Nader Hayaux y Goebel SC Roberto Hernandez-Garcia , COMAD SC Michell Nader S , Nader Hayaux y Goebel SC Alberto Saavedra O , Santamarina y Steta SC Thought Leaders in Mexico 2022
whoswholegal.com/thought-leaders 17 Corporate Immigration Edgar Mayorga Compean , De la Vega & Martínez Rojas SC Adrian Ojeda Cuevas , Ojeda Ojeda y Asociados Corporate Tax Víctor Manuel Barajas Barrera , Basham Ringe y Correa SC Alejandro Barrera Fernández , Basham Ringe y Correa SC Mauricio Bravo Fortoul , Turanzas Bravo & Ambrosi Alejandro Calderón , Calderón, González y Carvajal SC Jorge Correa , Creel García-Cuéllar Aiza y Enríquez SC Mariana Eguiarte Morett , Sánchez Devanny Eseverri SC Ricardo León-Santacruz , Sánchez Devanny Eseverri SC Luis Ortiz Hidalgo , Ortiz Hernandez y Orendain SC Enrique Ramirez , Mijares Angoitia Cortés y Fuentes SC Manuel Sáinz Orantes , Chevez Ruiz Zamarripa y Cia SC Manuel E Tron , Manuel E Tron Abogado Omar Zuñiga Arroyo , Creel García-Cuéllar Aiza y Enríquez SC Data Gustavo A Alcocer , Olivares y Compañía, SC Sergio Legorreta González , Dentons López Velarde Clara Luz Álvarez , Bufete Quijano Martín Michaus , Basham Ringe y Correa SC Ricardo Rios Ferrer , Ríos Ferrer Guillén-Llarena Treviño y Rivera SC Juan Daniel Rodríguez Cardoso , Rodríguez Rueda SC Luis Rubio Barnetche , Holland & Knight LLP Energy Carlos de Maria y Campos S , Galicia Abogados, SC David Enríquez , Goodrich Riquelme y Asociados Rogelio López-Velarde , Dentons López Velarde Thomas Mueller-Gastell , Ritch Mueller Heather y Nicolau SC Carlos Ramos Miranda , Hogan Lovells Claudio Rodríguez Galán , Holland & Knight LLP Federico Santacruz González , Ritch Mueller Heather y Nicolau SC Benjamin Torres-Barrón , Baker McKenzie Abogados SC Environment Daniel Basurto-González , Grupo Consultor para el Desarrollo Sustentable, SC Sergio Benjamin Bustamante Acuña , Counselors International Abogados Carlos de Icaza , Creel García-Cuéllar Aiza y Enríquez SC Hector Herrera , Herrera y Sato, SC Federico Ruanova Guinea , Baker McKenzie Abogados SC Franchise Gustavo A Alcocer , Olivares y Compañía, SC Jorge Mondragón , Gonzalez Calvillo Insurance and Reinsurance Enrique Garza , Clyde & Co Yves Hayaux-du-Tilly , Nader Hayaux y Goebel SC Leonel Pereznieto , Creel GarcíaCuéllar Aiza y Enríquez SC Intellectual Property Roberto Arochi , Arochi & Lindner SC Antonio Belaunzarán , Olivares y Compañía, SC Marcela Bolland Gonzalez , Uhthoff Gómez Vega & Uhthoff SC Laura Collada , Dumont • Q&A Enrique A Diaz , Goodrich Riquelme y Asociados María Teresa Eljure , Eljure Legal Alejandro González Rossi , González Rossi & Asociados Juan Carlos Hernández , Basham Ringe y Correa SC Álvaro Huerta , Malpica Iturbe Buj & Paredes Alberto Huerta-Bleck , Calderón y de la Sierra y Cía Eduardo Kleinberg , Basham Ringe y Correa SC Alejandro Luna F , Olivares y Compañía, SC Martín Michaus , Basham Ringe y Correa SC Sergio L Olivares Jr , Olivares y Compañía, SC Diego G Rossi , Iberbrand Investigations Luis Enrique Graham , Hogan Lovells Hugo López Coll , Sainz Abogados Luis F Ortiz de la Concha , OCA Law Firm Diego Sierra , Von Wobeser y Sierra, SC • LabourQ&A and Employment Juan Carlos de la Vega G , Santamarina y Steta SC Oscar De la Vega Gomez , De la Vega & Martínez Rojas SC Jorge G De Presno-Arizpe , Basham Ringe y Correa SC Luis Díaz Mirón A , Bufete Díaz Mirón Nadia González Elizondo , Galicia Abogados, SC Hugo Hernández-Ojeda Alvírez , Hogan Lovells Alfredo Kupfer Domínguez , Sánchez Devanny Eseverri SC Ricardo Martínez Rojas , De la Vega & Martínez Rojas SC Tomás H Natividad Sánchez , Natividad Abogados SC Francisco J Peniche-Beguerisse , Creel García-Cuéllar Aiza y Enríquez SC David Eugenio Puente Tostado , Basham Ringe y Correa SC Rafael Sánchez-Navarro Caraza , BSN Bufete Sánchez-Navarro SC Mónica Schiaffino , Littler Mexico Rafael Vallejo Gil , Chevez Ruiz Zamarripa y Cia SC Fernando Yllanes Martínez , Bufete Yllanes Ramos
Directory18 Life Sciences Gustavo A Alcocer , Olivares y Compañía, SC Alejandro Luna A , Santamarina y Steta SC Alejandro Luna F , Olivares y Compañía, SC M&A and Governance Iker Arriola Peñalosa , Creel GarcíaCuéllar Aiza y Enríquez SC Javier F Becerra , Basham Ringe y Correa SC Daniel Del Río , Basham Ringe y Correa SC Jean Michel Enriquez Dahlhaus , Creel García-Cuéllar Aiza y Enríquez SC Manuel Galicia , Galicia Abogados, SC Thomas S Heather , Creel García-Cuéllar Aiza y Enríquez SC Juan José López De Silanes Molina , Basham Ringe y Correa SC Luis A Nicolau , Ritch Mueller Heather y Nicolau SC Miguel Ángel Peralta , Basham Ringe y Correa SC Rafael Robles Miaja , Bufete Robles Miaja, SC Juan Carlos Serra Campillo , Basham Ringe y Correa SC Carlos Velazquez de Leon , Basham Ringe y Correa SC Mining Juan E Pizarro-Suárez V L , Pizarro-Suárez & Rodríguez Matus José Ruiz López , Ruiz Ahumada Palazuelos Jorge A Sánchez-Dávila , Haynes and Boone SC Fernando Todd Dip , Todd. Project Finance Alberto de la Parra , Jones Day Carlos de Maria y Campos S , Galicia Abogados, SC Horacio M de Uriarte Flores , Mijares Angoitia Cortés y Fuentes SC Jean Paul Farah Chajin , Ritch Mueller Heather y Nicolau SC Francisco Fernández Cueto , Galicia Abogados, SC Juan Manuel González , Greenberg Traurig SC Thomas S Heather , Creel García-Cuéllar Aiza y Enríquez SC Enrique Lorente Ludlow , CMS Woodhouse Lorente Ludlow Pilar Mata Fernández , Mijares Angoitia Cortés y Fuentes SC Thomas Mueller-Gastell , Ritch Mueller Heather y Nicolau SC Federico Santacruz González , Ritch Mueller Heather y Nicolau SC Santiago Sepúlveda Y , Creel García-Cuéllar Aiza y Enríquez SC Patricio Trad Cepeda , Mijares Angoitia Cortés y Fuentes SC Restructuring and Insolvency Dario U Oscós , Oscós Abogados Trade & Customs Eduardo Díaz Gavito , Chevez Ruiz Zamarripa y Cia SC Ricardo Ramírez Hernández , RRH Consultores, SC • Q&A Turenna Ramírez-Ortiz , Sánchez Devanny Eseverri SC Ricardo Romero Aburto , Chevez Ruiz Zamarripa y Cia SC Guillermo Sánchez Chao , Chevez Ruiz Zamarripa y Cia SC Gustavo A Uruchurtu , Uruchurtu y Abogados Consultores SC Adrián Vázquez , Vazquez Tercero & Zepeda Transport | Aviation Viridiana Barquín , Abogados Sierra Carlos Campillo , Alegre Calderón y Márquez Juan Carlos Machorro G , Santamarina y Steta SC Carlos Sierra , Abogados Sierra
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