Our firm is experienced in complex litigation (judicial and arbitration proceedings) in mercantile matters, bankruptcy, financial, bank and stock-exchange and securities litigation, insurance, financial derivatives, arbitration, and ordinary and constitutional appellate practice, as well as financial consulting. We are also experienced in coordination of litigation abroad (judicial or arbitration) representing Mexican and foreign companies, credit restructuring, drafting, negotiation and registration of bank contracts and securities.
Areas of practice
Some cases handled by the firm have carried the attention of the media and public opinion. More than a third part of this cases were handled in behalf of foreign clients, generally, at the request of another Mexican or foreign firm.
Some of the industries attended by the firm since 1985, and type of disputes that are relevant, are the following:
Dispute between airline cargo in Miami and underwriters in London, for coverage of catastrophic air accident in Mexico City (London rules).
Breach of contract for the sale of wood by American dealer, for quality reasons, Mexico – Arizona (AAA).
Nonpayment of documentary credit, by a Canadian Bank acceptor, with regard to its mexican applicant. (ICC).
Breach of turnkey contract of a industrial building in Guadalajara (Uncitral).
Dispute between partners over value of option to purchase of a large package of shares in the industrial sector of drinks and beers (ICC).
Dispute between a mexican government-owned corporation and private consortium for termination of a contract (ICC).
Support to the Federal Government in Chapter XI of NAFTA arbitration (Uncitral).
Domestic arbitrations in the banking field (Credit Institutions Law and National Commission for the Protection of Users of Financial Services).
Dispute between shareholders agreement between a Mexican company and a foreign investment fund (ICC).
Dispute over license agreement signed between two Mexican companies (Arbitration Center of Mexico).
Dispute between manufacturing company concerning a contract for the sale of shares (ICC).
Dispute against a shipping company (AAA).
Dispute relating to non-payment of products manufactured for the automotive industry (AAA).
Dispute concerning the termination of a contract of franchise (Arbitration Center
Disputes relating to compensation for sale of shares of a company in the food sector (Arbitration Center of Mexico).
Aviation and Aeronautic Parts
Court collection of unpaid loans due to bankruptcy of Mexican aeronautics company, on behalf of an association of foreign creditors.
Defense of foreign aeronautics companies and of liability insurance in the case of a plane that crashed on takeoff in a flight from Mexico City to Toluca.
Set up of commercial enterprises in Mexico for foreign transportation companies.
Defense of commercial companies in action for default on international bank loans issued by an international banking institution.
Defense in action for default on international bank loans issued by foreign banks to iron and steel, construction and agroindustrial companies.
Defense of trademark, patent and likeness infringement in restaurant and food industry.
Defense of international franchise rights in communications industry.
Collection of various loans in South America and Mexico on behalf of Mexican commercial creditors.
A variety of corporate services such as drafting corporate charters and contracts, contract recording, and general corporate counsel and legal assistance.
Computers (software and hardware)
Defense against emotional damages and rescission of international contract for the transfer of computer macrosystems technology.
Defense of infringement of software patents.
Defense against annulment of shareholder meeting resolutions, exclusion of shareholders, and group division of foreign corporation with Mexican shareholders.
Financial, Banking and Insurance
Debt restructuring for groups of companies, representing debtors’ interests in the energy industry.
Debt restructuring for groups of companies, representing creditor banks’ interests in the furniture, transportation, drilling, commercial, and other industries.
Representing the interests of various banks in setting up security trusts, industrial mortgages, collateral and personal guaranties issued in various loan agreements.
Court enforcement of listed securities (commercial notes, medium-term notes, CEPI’s, CEPO’s, etc.), representing holders’ association.
Development of financial planning and credit restructuring for industrial and commercial plants.
Bank debt restructuring for industrial and drilling groups; suspension of payments in various areas; representing creditors in bankruptcy proceedings.
Set up and representation in Mexico of foreign reinsurers and international financial institutions.
Collection of international loan issued by foreign bank, defaulted on by Mexican steel and iron industry group.
International arbitration for default on documentary credit incurred by foreign bank against a multiple Mexican bank.
Defense of development bank against international antitrust and unfair
Dispute and defense of unlawful insurance payment demands and lawful insurance collection demands.
Subrogation collection action for payment of risk incurred in catastrophic fires, representing foreign insurers and reinsurers.
Volume collection of multiple loans to credit institutions and secondary credit organizations.
Defense of actions for annulment of trusts and credit availability contracts, corrected against banks.
Defense of bankruptcy actions against a Mexican financial institution.
Collection of credits through bankruptcy proceedings against a group of companies of the textile industry.
Defense against invasion by foreign corporations, of industrial sectors that are adequately covered by Mexican companies in the atmospheric gas industry.
Defense against majority or minority share acquisition in shareholder meetings and boards of directors, through various means, in the chemical industry.
Defense of purveyor in breach of supply contract action by purchaser in food industry.
Defense against monopolistic practices that aim to replace Mexican companies in the metal, mechanic and food industries.
Defense of Mexican partner in breach of contract action brought by foreign partner in international joint venture.
Publication, disclosure, negotiation, drafting and recording of domestic and international contracts in various areas, for the acquisition of companies or various transactions.
International arbitration in action for defective merchandise exported by Mexican companies in the textile industry.
International arbitration in action for breach of contract for purchase and sales of shares in the beer and alcohol industry.
International arbitration for breach of a Joint Venture Agreement related to a company that provides storing and handling of chemical products.
International arbitration due to the cancellation of a contract within the truck manufacturing industry.
Defense against infringements of franchise image action in the bottled water industry.
Defense against majority or minority share disputes in a automotive parts industry.
Various corporate services such as factory organization, corporate charters, contract drafting and recording, legal accounting (due diligence), corporate counsel and legal assistance in other areas.
Real Estate and Construction
Arbitration defense in action for breach of delivery of industrial
Design, development and set up of the legal framework for commercial malls in tourist and self-service areas.
Development and update of blank-form, pro-forma and adhesion real estate purchase and sale contracts, as well as public works and commercial mall contracts.
Unlawful detainer actions.
Organization of terminals and office in Mexico; Operations monitoring.
Defense of corporate liability in accident and antitrust cases.
The firm has often represented centralized, decentralized and quasi- state federal agencies, as well as state and municipal government agencies. This work has included (i) commercial and banking consulting (in the central government’s development banking, commercial and financial sectors); (ii) litigation of administrative, civil and international arbitration matters (municipal, state and federal sectors); and (iii) NAFTA arbitrations. Details may be provided in person.
©Dávalos & Asociados 2015