Pratice Areas Litigation
Arbitration and Mediation
We represent individuals and companies in complex arbitration and mediation proceedings, with consolidated experience in commercial, corporate, and tax disputes. We represent individuals and companies in domestic and international commercial, corporate, and tax arbitration, focusing on strategy, efficiency, and risk management, coordinating, when appropriate, with existing mediation mechanisms.
Arbitration is a specialized means of dispute resolution that allows parties to entrust the decision to one or more independent arbitrators under arbitration agreements included in contracts, bylaws, or shareholders' agreements. It is particularly relevant in complex commercial transactions, directors' and officers' liability, challenging corporate resolutions, and disputes between shareholders.
The possibility of choosing arbitrators with appropriate technical expertise, flexibility in defining procedural rules, and, in many cases, greater speed and confidentiality compared to state courts make arbitration a strategic option for companies and investors, especially in international contexts. In parallel, mediation can play an important role in seeking a consensual resolution of conflicts before or during the recourse to arbitration.
Our intervention often begins before a dispute arises, by structuring arbitration clauses and agreements that reduce future uncertainty and avoid parallel litigation. Whenever appropriate, we design mechanisms that integrate negotiation and mediation as preliminary steps to arbitration. When a dispute is already underway, we approach arbitration as part of a global conflict resolution framework, coordinating it with potential court proceedings, interim measures, ongoing mediation, or assisted negotiations.
Services
We support the drafting of arbitration clauses for domestic and international contracts and evaluate whether arbitration is, in concrete terms, the most appropriate avenue for predictable disputes or if it should be preceded by negotiation or mediation. We represent clients in arbitrations related to supply, construction, energy, technology, M&A, joint ventures, and other complex commercial contracts.
We advise on the constitution of the arbitral tribunal, the choice of arbitrators with the appropriate technical profile, the definition of procedural rules, and the preparation of requests, pleadings, evidence, and hearings. We also assist in the post-decision phase, including requests for clarification, opposition to enforcement, or the recognition and enforcement of arbitral awards before state courts.
We provide support in drafting corporate arbitration agreements in articles of association and shareholders' agreements, ensuring that the scope of covered disputes is clear and suited to the company's reality. We represent companies and shareholders in conflicts regarding directors' liability, exclusion or suspension of shareholders, challenging corporate resolutions, and the enforcement of shareholders' agreements.
We leverage the speed and confidentiality of arbitration and, when appropriate, promote mediation as a way to preserve sensitive corporate relationships. We also advise on the publicity of arbitral decisions, the binding effect on non-signatory shareholders, and coordination with commercial registries, as well as the promotion of interim measures aimed at preventing serious or irreparable harm.
We analyze contracts, bylaws, and shareholders' agreements to identify gaps or contradictions in arbitration clauses, preventing disputes regarding the arbitral tribunal's jurisdiction or the existence of parallel proceedings. We prepare clear arbitration agreements compatible with the Commercial Companies Code, the Voluntary Arbitration Law, and the regulations of domestic and international arbitration centers. We help negotiate multi-tier clauses that combine negotiation, mediation, and arbitration, integrating pre-contentious resolution mechanisms that can reduce recourse to formal litigation.
Our team acts in an integrated manner whenever a dispute requires the simultaneous or successive intervention of state courts, mediation, and arbitration. We intervene before state courts to request interim measures or urgent decisions, assist in challenges to or the enforcement of arbitral awards, and, in parallel, support mediation processes aimed at achieving negotiated solutions. The objective is to guarantee strategic coherence and risk control across all fronts.
The lawyers involved in arbitration combine consolidated courtroom experience with specific training and practice in domestic and international arbitration. This dual perspective allows for anticipating the impact of an arbitral decision on court litigation (and vice versa), designing consistent procedural strategies in both forums, and adapting the conduct of the case to the expectations of both arbitrators and judges. In high-value commercial arbitrations or particularly sensitive corporate arbitrations, we seek technical and pragmatic solutions that realistically protect the client's legal position and long-term objectives.
Our approach
Specialized representation
We assist clients in domestic and international arbitration, both institutional and ad hoc, integrating mediation solutions when advantageous.
Clear procedural strategy
We define the procedural roadmap with the client from the pre-contentious phase, weighing arbitration, mediation, or hybrid solutions.
Pragmatism
We center the defense on the outcome that best protects the client.
FAQs
Arbitration allows for choosing arbitrators with appropriate technical expertise, defining more flexible procedural rules, and gaining speed and, often, confidentiality. In complex commercial, corporate, or tax disputes, this sometimes translates into processes more closely tailored to the business and generally more specialized decisions.
Commercial arbitration is especially suitable for conflicts related to supply, construction, energy, technology, M&A, joint ventures, and other contracts of higher value or complexity. We evaluate whether, in your specific case, commercial arbitration is more efficient than resorting to state courts.
Corporate arbitration is used in disputes between shareholders and companies: directors' liability, exclusion or suspension of shareholders, challenging corporate resolutions, or the enforcement of shareholders' agreements. We structure corporate arbitration agreements and represent parties throughout the entire process.
Mediation can serve as a preliminary stage to arbitration, helping achieve swift and less costly agreements. We design multi-tier clauses that combine negotiation, mediation, and arbitration, so that recourse to formal litigation occurs only if a consensual solution fails.
We analyze contracts, bylaws, and shareholders' agreements to identify gaps or contradictions, and we design clear arbitration clauses compatible with the law and the regulations of the main arbitration centers. The goal is to avoid future discussions regarding jurisdiction or parallel proceedings.
We manage litigation and arbitration in an integrated manner: we request interim measures in state courts when necessary, assist in set-aside actions or the recognition of arbitral awards, and align all procedural fronts with the same client-protection strategy.
Yes. We represent taxpayers and companies in tax arbitrations, especially when large-scale corrections or complex technical issues are at stake. We coordinate tax arbitration with other means of reaction and the client's global exposure to the tax system.
We assist with requests for clarification, the enforcement of the arbitral award, opposition to enforcement, and, when legal grounds exist, set-aside actions or actions to refuse the recognition of the decision before state courts.
Ideally before a dispute arises: during the negotiation of contracts, bylaws, or shareholders' agreements that include mediation and arbitration clauses. In this phase, we can reduce future uncertainty and design dispute resolution mechanisms that protect your position from the outset.