Mr Mario René Archila > Arias > Guatemala, Guatemala > Lawyer Profile

Arias
6ª. Avenida 12-24 zona 10
Edificio HQ Fontabella, Nivel 8
Ciudad de Guatemala, Guatemala. C. A.
Guatemala

Work Department

Real Estate Law Dispute Resolution, Litigation and Arbitration, Intellectual Property and Lifesciences Law

Position

Partner

Career

Mario René Archila Cruz has thirty-five years of professional practice and has been Arias partner for five years, where he directs the firms Dispute Resolution (Litigation and Arbitration) department.

His experience includes the direction and procurement of more than three hundred cases that were discussed at the level of the Administrative Litigation Court in which Mario advised, directed and defended, on behalf of his clients, the same number of “casaciones” and constitutional actions , mainly of “amparo”. It is important to mention that in tax matters, the adjustments to tax payments are discussed at the administrative level before the Customs Tax Administrative Court and the final resolutions that in that matter are issued, must be known and resolved by the Administrative Litigation Courts. The Superintendency of Tax Administration must, by legal mandate, raise all the resources and defense mechanisms that the law establishes, which is the reason why, in all the contentious administrative cases regarding taxes, the Superintendency of Tax Administration raises appeals against judgments that are unfavorable to it, a right to which taxpayers are also entitled, and is exercised most of the time.

Mario Archila took a postgraduate course in cassation and through the defense and approach of this type of appeals, he expressed arguments that they were shared by the Supreme Court of Justice and that, through the reiteration of judgments, became jurisprudential criteria.

Mario Archila´s experience includes:

Treasurer of the Board of Directors of the Association of Lawyers and Notaries of Guatemala (1996-1999).

Deputy Magistrate of the Court of Appeals (1999-2004).

Former member of the Academic Council of the Faculty of Law and Justice of the San Pablo University of Guatemala

Former Dean of the Faculty of Law and Justice of the San Pablo University of Guatemala

Abritrator of the Court of Arbitration for Sport, based in Lausanne, Switzerland

CRECIG Arbitrator

Languages

Spanish, English

Memberships

  • International Bar Association (IBA)

Education

  • Lawyer and Notary Public.

  • Masters degree in Commercial and Economic Law from Universidad Rafael Landivar in Guatemala.

  • Postgraduate degree in Civil Appeals from Universidad San Pablo in Guatemala.

  • Diploma in Fiscal and Tax Aspects from the Chamber of Commerce in Guatemala.

  • Diploma on Legal Aspects of International Legal Acts from INCAE Business School Nicaragua.

Lawyer Rankings

Guatemala > Dispute resolution

(Hall of Fame)

Mario René ArchilaArias

Highlighted for its willingness to ‘take the time to individually analyse each case‘, Arias houses a broad dispute resolution practice with signature strengths in civil, administrative and labour litigation and arbitration. The team represents major local companies and multinationals, and continues to expand the scope of its practice to act for individuals in sensitive family law and human rights cases. Other growing areas of focus include tax litigation and public procurement disputes. Mario René Archila, who also acts as an arbitrator, leads the team; between them, Archila and senior counsel Luis Fernando Zelada bring almost six decades of experience to the practice, handling a vast array of civil, commercial, constitutional and criminal cases. The strong cohort of junior lawyers includes senior associate Mónica Medrano (who focuses on anti-corruption, money laundering and white-collar criminal cases, drawing on her previous experience as a district attorney), and associates Alvaro Reyes (who mainly handles civil litigation) and Karla Gómez (a specialist in labour disputes). Since publication, Zelada has moved to BLP.

Guatemala > Intellectual property

The IP practice at Arias leverages the firm’s full-service model and wide regional network to offer clients comprehensive advice on trademarks, patents, geographical indications, domain names and copyright, both in Guatemala and internationally. Frequently acting alongside its counterparts in Central America, the team advises on trademark and patent prosecutions and coordinates the management of IP portfolios for an impressive roster of multinational clients, with a focus on the pharmaceuticals, cosmetics and automotive sectors. Other notable areas of expertise include advertising, software licensing and royalties. Drawing on the skill of experienced litigator Mario René Archila, the practice is also well equipped to handle civil and criminal litigation, including anti-piracy claims. Senior counsel Ivón Hernández, who has extensive experience in contentious and non-contentious IP matters, leads the team with office managing partner Liz Gordillo.

Guatemala > Tax

Arias has a full-service offering and network of offices across Central America, making it a strong choice to advise foreign investors in the region on the gamut of tax issues. The team acts as local counsel to an array of prominent multinationals on cross-border M&A transactions, as well as assisting with restructurings and compliance, and it is also a standout in customs matters. The firm is equally active in tax litigation, leaning on the vast expertise of dispute resolution head Mario René Archila to handle complex contentious-administrative cases against the SAT. At the helm of the practice, Ximena Tercero is well versed in transfer pricing, tax structuring and litigation. She is supported by a capable pool of junior lawyers, including senior associates Elisa Lacs, a specialist in customs tax, and the recently promoted Claudia Vega, and associate Estaymer Mendoza, who joined the firm from an in-house role at Grupo CFE in June 2022.