Firm Profile > Malpica, Iturbe, Buj y Paredes, S.C. > Mexico City, Mexico

Malpica, Iturbe, Buj y Paredes, S.C.
PASEO DE LA REFORMA 350, PISO 14
COLONIA JUÁREZ, C.P. 06600
MÉXICO, D.F.
Mexico

Mexico > Dispute resolution: litigation Tier 1

Undoubtedly one of the largest and most solid litigation boutiques in the country, Malpica, Iturbe, Buj y Paredes, S.C. garners praise for its ‘extraordinary technical capacity to manage complex disputes’, be it civil, commercial, or constitutional litigation, or arbitration. The 30-strong practice, which is fronted by eight partners, fields some of the top litigators in the country with proven expertise in a wide gamut of litigious segments: the experienced and ‘ethically impeccableCarlos Malpica and Rolando Zarate, who have increasingly been  broadening the firm's commercial arbitration practice, of late; energy litigation specialist Horacio Paredes; Rodrigo Buj Garcia, who is highly experienced in antitrust litigation; Juan Jose Iturbe Lopez, who focuses on commercial litigation and bankruptcy; and IP litigation expert Alvaro Huerta. Fernando de Ovando, who focuses on commercial and civil litigation, and María José Jimenez, a former Supreme Court Officer under Chief Justice Zaldivar, are the latest additions to the partnership. The team, which also handles contentious matters for several local and international firms that do not have such capacity, acts for an impressive client roster, including some of the leading banks in Mexico. The team was further strengthened with the hire of senior associate Santiago Hernaiz Bravo, from Mayer Brown Mexico, S.C., in January 2021.

Testimonials

‘The best administrative litigation team in Mexico with an extraordinary technical capacity to manage complex disputes. Cross-cutting vision for the resolution of conflicts.’

‘Rodrigo Buj and Carlos Malpica and Rolando Zárate are excellent lawyers, very intelligent, responsible, solid, with the ability to resolve very complex issues. Extraordinary service. They are extremely hands-on and engaged, which is rare for a Mexican litigation firm.’

‘Horacio Paredes is a lawyer with excellent energy knowledge and regulatory understanding of natural gas. Great strategic thinking and an excellent litigator, one of the best lawyers we have had the opportunity to work with.’

‘The approach is sophisticated and their years of experience in the judiciary and in private practice make them highly competent to deal successfully with authorities, counterparts or co-litigants in national and international law firms and representatives of the banking sector. Carlos Malpica’s leadership of the firm is noteworthy. He is a brilliant, analytical lawyer with clear and forceful ideas and solutions.’

‘Total openness for the discussion of ideas, joint design of the strategy with the client which allows the design of a “tailor-made suit” fitted to the client’s needs. Horacio Paredes’ treatment is impeccable.’

‘Rolando Zárate and Rodrigo Buj have transactional knowledge and sensibility and always make sure they understand underlying commercial matters before devising litigation strategies and giving us advice. Rolando Zárate is brilliant at providing summaries and presentations for our senior management located in different countries.’

‘Technical solvency, multidisciplinary, client-focused, work ethic and results-oriented. Carlos Maplica: versatility in terms of practice areas, solvency in knowledge of the legal market, ethically impeccable and results-oriented. Juan José Iturbe: technical and legally sound, in civil and commercial matters. Horacio Paredes: expert in the area of administrative law, with relevant experience in the energy sector. Rolando Zárate: insolvency, financial litigation and arbitration. Recent addition of partner Maria José Jiménez, transition to gender diversity is an excellent indication.’

Key clients

Citibank

Santander

BBVA

Banorte

Hermes

Macquarie

IZZI Televisa

Artha

Engie

AES

Peñoles

Cargill

British Petroleum

Arroyo Energy Group

Malpica, Iturbe, Buj y Paredes, S.C. is a go-to Mexican litigation boutique designed to deal with complex cases. The team is formed with highly qualified individuals educated in the best Mexican, US and European law schools, with professional experience in other countries as well as in the Supreme Court of Justice and the Mexican Judiciary.

While the firm comprises litigation attorneys, its lawyers have experience in civil and commercial law, antitrust, telecoms, securities, intellectual property, restructures, bankruptcy, energy, banking and capital market transactions. The firm’s diverse litigation areas of practice and the corporate and judicial background of the team enable it to provide multidisciplinary and creative solutions for clients. Malpica, Iturbe, Buj y Paredes, S.C. is recognized by clients and colleagues as one of the most effective litigation law firms in Mexico.

Areas of practice
Administrative litigation: the firm has broad experience representing multinational and domestic clients before and against authorities in financial, energy, port, tax, telecommunications and consumer matters, among others.

Constitutional litigation: the firm represents international and local clients in disputes that involve the unconstitutionality of laws and governmental actions. The firm litigates for the protection of its clients’ constitutional and international fundamental rights.

Antitrust litigation: the firm represents international and local clients in their antitrust contentious matters. Malpica, Iturbe, Buj y Paredes, S.C. has successfully defended clients’ interests during all stages of the antitrust proceedings carried out by the Mexican Antitrust Commission, from the investigation through the challenge, in all of its stages, of sanctions imposed on its clients for alleged anti-competitive practices.

Civil and commercial litigation: the firm assists clients in negotiations and disputes that involve economic interests that arise from their civil, commercial and financial relationships. It has successfully litigated matters before the different Mexican federal and local courts, obtaining important results for its clients.

Bankruptcy: the firm has participated in negotiations and bankruptcy proceedings, obtaining the recognition and payment of credits due by insolvent companies, before and during the course of the bankruptcy proceedings.

Arbitration: the firm represents clients in arbitrations followed by the most prestigious national and international arbitration institutions, protecting the interests of its clients in each one the arbitral stages, as well as in the judicial proceedings that derive or are necessary to enforce the arbitral award.

Intellectual property: the firm represents its clients in the enforcement and protection of their intellectual property rights.

Department Name Email Telephone
Administrative litigation Carlos Malpica Hernández E: cmalpica@mibp.com.mx
Administrative litigation Rodrigo Buj García E: rbuj@mibp.com.mx
Constitutional litigation Carlos Malpica Hernández E: cmalpica@mibp.com.mx
Constitutional litigation Horacio Paredes Vázquez E: hparedes@mibp.com.mx
Antitrust litigation Rodrigo Buj García E: rbuj@mibp.com.mx
Antitrust litigation Horacio Paredes Vázquez E: hparedes@mibp.com.mx
Commercial litigation; bankruptcy Carlos Malpica Hernández E: cmalpica@mibp.com.mx
Commercial litigation; bankruptcy Juan José Iturbe López E: jiturbe@mibp.com.mx
Arbitration Rodrigo Buj García E: rbuj@mibp.com.mx
Arbitration Rolando Zárate Guzmán E: rzarate@mibp.com.mx
Intellectual property Alvaro Huerta Gonzalez E: ahuerta@mibp.com.mx
Intellectual property Juan José Iturbe López E: jiturbe@mibp.com.mx
Photo Name Position Profile
Mr Rodrigo Buj García photo Mr Rodrigo Buj García Partner. Administrative, Antitrust, Telecomm Litigation. Ranked by international publications as an Administrative Expert…
Mr Fernando De Ovando Gómez Morín photo Mr Fernando De Ovando Gómez Morín Partner Mr de Ovando has a recognised practice in civil, commercial, constitutional…
Mr Álvaro Huerta González photo Mr Álvaro Huerta González Partner. With more than 20 years of experience, Mr. Huerta is recognized…
Mr Juan José Iturbe López photo Mr Juan José Iturbe López Partner Mr Iturbe is recognized by international publications as one of the…
Miss María José Jiménez Neria photo Miss María José Jiménez Neria Partner. Mrs. Jimenez practice focuses on litigation, international arbitration, competition law, enforcement…
Mr Carlos Malpica Hernández photo Mr Carlos Malpica Hernández Partner Ranked by national and international publications as the best administrative litigator…
Mr Horacio Paredes Vázquez photo Mr Horacio Paredes Vázquez Partner. For the last 10 years his practice has focused in constitutional,…
Mr Rolando Zárate Guzmán photo Mr Rolando Zárate Guzmán Partner. In depth practise in (ICC and investment) arbitration and commericial litigation.…
Other fee-earners : 18
Total staff : 29
Partners : 6

Malpica, Iturbe, Buj y Paredes, S.C. is a go-to Mexican litigation boutique designed to deal with complex cases. The team is formed with highly qualified individuals educated in the best Mexican, US and European law schools, with professional experience in other countries as well as in the Supreme Court of Justice and the Mexican Judiciary.

While the firm comprises litigation attorneys, its lawyers have experience in civil and commercial law, antitrust, telecoms, securities, intellectual property, restructures, bankruptcy, energy, banking and capital market transactions. The firm’s diverse litigation areas of practice and the corporate and judicial background of the team enable it to provide multidisciplinary and creative solutions for clients. Malpica, Iturbe, Buj y Paredes, S.C. is recognized by clients and colleagues as one of the most effective litigation law firms in Mexico.

Areas of practice
Administrative litigation:
the firm has broad experience representing multinational and domestic clients before and against authorities in financial, energy, port, tax, telecommunications and consumer matters, among others.

Constitutional litigation: the firm represents international and local clients in disputes that involve the unconstitutionality of laws and governmental actions. The firm litigates for the protection of its clients’ constitutional and international fundamental rights.

Antitrust litigation: the firm represents international and local clients in their antitrust contentious matters. Malpica, Iturbe, Buj y Paredes, S.C. has successfully defended clients’ interests during all stages of the antitrust proceedings carried out by the Mexican Antitrust Commission, from the investigation through the challenge, in all of its stages, of sanctions imposed on its clients for alleged anti-competitive practices.

Civil and commercial litigation: the firm assists clients in negotiations and disputes that involve economic interests that arise from their civil, commercial and financial relationships. It has successfully litigated matters before the different Mexican federal and local courts, obtaining important results for its clients.

Bankruptcy: the firm has participated in negotiations and bankruptcy proceedings, obtaining the recognition and payment of credits due by insolvent companies, before and during the course of the bankruptcy proceedings.

Arbitration: the firm represents clients in arbitrations followed by the most prestigious national and international arbitration institutions, protecting the interests of its clients in each one of the arbitral stages, and the judicial proceedings that derive or are necessary to enforce the arbitral award.

Intellectual property: the firm represents its clients in the enforcement and protection of their intellectual property rights.

Department Name Email Telephone
Administrative law; Bankruptcy; Commercial law; Constitutional law. Carlos Malpica Hernández E: cmalpica@mibp.com.mx +52 55 5280 1551
Civil law; Constitutional law; Bankruptcy law; Intellectual Property. Juan José Iturbe López E: jiturbe@mibp.com.mx +52 55 5280 1551
Administrative law; Antitrust; Arbitration; Constitutional law. Rodrigo Buj García E: rbuj@mibp.com.mx +52 55 5280 1551
Administrative law; Arbitration; Civil law; Constitutional law. Horacio Paredes Vázquez E: hparedes@mibp.com.mx +52 55 5280 1551
Administrative law; Constitutional law; Intellectual Property. Álvaro Huerta González E: ahuerta@mibp.com.mx +52 55 5280 1551
Administrative law; Arbitration law; Bankruptcy; Civil law; Commercial law; Constitutional law. Rolando Zárate Guzmán E: rzarate@mibp.com.mx +52 55 5280 1551
Antitrust; International Arbitration; Competition law; Constitutional law. María José Jiménez Neria E: mjjimenez@mibp.com.mx +52 55 5280 1551
Arbitration; Bankruptcy; Civil law; Commercial law; Constitutional law. Fernando De Ovando Gómez Morín E: fdeovando@mibp.com.mx +52 55 5280 1551
Spanish
English
Partners : 8

Mexico – COVID-19, counter-reforms and dispute resolution

2020 and 2021 were strange and challenging years for everybody. World economies suffered gravely due to the Covid-19 pandemic. Closures and lack of governmental rescue programs caused severe stress to commercial transactions in Mexico and affected the viability of all types of businesses but more severely companies relying on high volume sales for goods and services (transport, airlines, hospitality, resorts, restaurants, etc…) and the financial sector (banks, insurers, financial groups, etc…). As a result, an abrupt increase in bankruptcy, commercial litigation and arbitration proceedings is taking place while testing to their limits (i) recent reforms to bankruptcy and procedural laws that refer commercial cases to a more agile oral process; and, (ii) Mexican administration of justice capabilities.

Carlos Malpica Hernandez

Additionally, under the actual pro-State administration, major changes to the regulatory framework are currently underway. New regulation intends to counter-reform previous efforts made during the Calderon and Peña-Nieto administrations in order to open the telecom, energy, oil and infrastructure markets and regulate them through constitutional independent autonomous bodies. Current policies gave rise to abundant administrative litigation and are top in the public agenda. Such is the case of a regulatory package targeting the electric sector approved during the year of 2020, the reform of the Electricity Industry Law approved on March 2021 and a new labour reform approved on April 2021 that will impact virtually all entrepreneurial activities in the country. Of the upmost importance is a recent reform to the Hydrocarbons Law as well as new regulation that compels telephone carriers to register biometric data of their clients (just to mention a few of the administrative matters in dispute ongoing in Mexico). A shift in governmental policies caused not only commercial litigation but also correlated administrative controversies before Federal Courts and the Supreme Court of Justice. Investment arbitration cases pursuant to international treaties (NAFTA/USMCA or other investment protection treaties) are also on the rise.

Horacio Paredes Vazquez

Added to this climate of constant changes, complexity increases due to the fact that Mexico has the particularity of being a federation. This results in commercial claims being brought at local (State) and Federal Commercial and Administrative Courts and eventually Federal Constitutional Courts and the Supreme Court of Justice. In Mexico there is a complex jurisdiction system in which some attributions correspond to federal authorities and others to state or municipal authorities. There are matters in which all three levels of government are incumbent or have “concurrent” authority.

Current perspective in the market is that a highly controversial environment will prevail for the years to come causing complex cases in commercial and administrative litigation and commercial and investment arbitration in national and international forums.

Malpica, Iturbe, Buj & Paredes

Arbitration in Mexico

The rise of arbitration as an alternative dispute resolution mechanism in Mexico is recent and dates back to the early years of the 1990s, when Mexico opened its trade with the United States with the signing of NAFTA during the early stages of President Carlos Salinas de Gortari six-year term. Faced with the accumulation of international commitments recently acquired, as well as the progressive but imminent commercial opening and privatization of public entities, the need for a sound and modern legal dispute resolution system, on a par with the jurisdiction of Mexican courts, was pressing.

The evolution of alternative dispute resolution mechanisms from the 1990s until 2008 encountered certain practical complications due to a degree of reluctance on the part of the jurisdictional authorities, who, in view of the lack of clarity of the national legal system, often made excessive use of their jurisdictional powers through interventions in arbitral proceedings and annulment of awards requested by the parties in national forums.

However, despite the fact that the evolution and adaptation process has been unhurried, the fact is that Mexico is today an important center of arbitration in Latin America. Mexico’s legal framework and its institutions today have shown themselves to be solid and respectful of arbitration institutions, not only because they have become an efficient safeguard for the resolution of disputes, but also as an effective mechanism to avoid the intrinsic problems that plague the national judicial system, giving confidence to parties and investors in their commercial disagreements.

On the national scene, the current context has proven uncertain for investments and capital. The abrupt changes in energy regulation, for example, and the implementation of a public policy which radically modifies the one that prevailed less than four years ago, seen by some as regressive or detrimental in the context of capital and investment inflows, requires strong institutions to remedy any claims that may arise from violations or non-compliance generated by this novel state of affairs.

This environment of political uncertainty could lead to the emergence of commercial disputes, both between individuals and between investors and the State. Therefore, without wishing to prejudge what is coming in the future, it is pertinent to mention that in the Latin American experience, arbitration has been a security mechanism for the parties at the time of settling their disputes in times of crisis.

As reference, we can take into account what happened in Argentina after the default of 2001; as a result of the crisis, different situations arose that affected both contracts between individuals and contracts where the State was a party, and it was through arbitration that companies found a suitable way to solve their conflicts and to protect their investments.

By not having the excessive formalisms and procedural ritualisms of the state jurisdiction, the margin for dilatory articulations is extremely reduced and the solution of the conflict is more agile; Likewise, judgments handed down by judges in the first instance can be appealed in succession, which can lead to lengthy proceedings. This is not the case in arbitration, since awards are non-appealable (they can only be reviewed for issues related to the validity of the arbitration clause or agreement and irregularities in the procedure, but not for issues relating to the merits of the case). In this way, arbitration satisfies the growing need for companies to enforce their claims quickly in order to clean up their balance sheets. Furthermore, it grants a wide margin for private autonomy since the parties, by mutual agreement, can design the type of procedure that best suits their needs according to the particularities of the dispute; they can choose the rules of procedure, choose arbitrators specialized in the matter who can cover the complexity of the dispute, establish that the arbitrators can order interim measures, choose the applicable law to resolve the merits of the dispute and the language in which the process will be carried out, etc.

Therefore, the inclusion of arbitration clauses in contracts, or their subscription once a dispute arises, is one of the measures that companies, regardless of the sector in which they operate, must take into account in times of crisis. Arbitration is an effective remedy that, in a scenario of uncertainty and instability, provides clear and customized guidelines for and by the parties.

On the other hand, experienced litigators in the national forum will be able to say with certainty and knowledge of the cause, that the ravages caused by COVID 19 have spread to the judicial system with the same speed and damage as the virus itself. After multiple total suspensions of jurisdictional work and multiple but unsuccessful new normality policies, there is today an institutional backlog in the resolution of cases as never seen before.

In this context, parties are increasingly agreeing to arbitration clauses in their contracts. In today’s Mexico, where the benefits and advantages of arbitration are already known; where the myths and unfounded fears regarding the scope of this institution as an effective and safe dispute resolution mechanism have been left behind, there is a movement that is stirring forward with inertia towards the practical generalization of the institution.

Special mention should be made of the development of local arbitration administrators, who in recent years have made an important effort to raise awareness of the advantages of arbitration. Likewise, in our opinion, local arbitration administrators present a viable and accessible arbitration option for all those who wish to access such institution, not only because the national seat would seem to be more attractive for those who enter into contracts in Mexico and between nationals, but also because they are also more accessible in economic terms. In our opinion, although the context in which this new trend was born is not exactly ideal, it is undoubtedly fertile ground for the flourishing and normalization of alternative means of dispute resolution in Mexico, particularly, arbitration. Therefore, we are confident that the final balance will be positive. We hope to see that in the coming years the practice of arbitration will be consolidated as a known and viable option to be implemented at all levels and types of legal relations developed in the national context. This will not only favor those who begin to opt for these means, but will also serve as a catalyst in the consolidation of arbitration institutions in Mexico, giving greater strength to the national legal and institutional framework around alternative means of dispute resolution.


Co-authors: Juan Iturbe (Partner), Rolando Zarate (Partner) and Andres Hernandez (Associate) at Malpica Iturbe Buj and Paredes, SC.

Juan Iturbe

Rolando Zarate